Participation in Graduation Ceremonies and Activities: Board of Education Policy 7221

Participation in Graduation Ceremonies and Activities is a privilege. Any student who has satisfactorily completed all graduation requirements will be permitted to participate in the graduation ceremony and all related activities of their class, subject to certain exceptions. Students may be prohibited from participating in the graduation ceremony or related activities as a consequence of violating the District's Code of Conduct.

The District permits any student to participate in the graduation ceremony and all related graduation activities of their high school graduating class, if the student has been awarded a Skills and Achievement Commencement Credential or a Career Development and Occupational Studies (CDOS) Commencement Credential, but has not otherwise qualified to receive a Regents or local diploma. While permitted to participate, these students are not required to participate in the graduation ceremony or related graduation activities of their high school graduating class. For purposes of this policy, a student's high school graduating class is the twelfth grade class with which they entered into ninth grade.

The District will provide annual written notice of this policy and any related procedures to all students and their parents or guardians.

Refer to:

• Education Law § 3204(4-b)
• 8 NYCRR § 100.2(oo)

Grade Promotion, Retention and Placement: Board of Education Policy 7210

The Board of Education delegates to the administration the authority and responsibility for developing and implementing a system of grade promotion and the placement of students within the District’s instructional system. The making of such promotion, retention, and placement decisions will be at the discretion of the school administration and shall be subject to review at any time. 

The District shall not make any student promotion or placement decisions based solely or primarily on student performance on the English language arts elementary assessments and the mathematics elementary assessments administered in grades 3-8. However, the District may consider student performance on such assessments provided the District uses multiple measures in addition to such assessments and that such assessments do not constitute the major factor in such determinations. In accordance with their individualized education programs, students with disabilities instructed in the alternate academic achievement standards shall be administered a State alternate assessment to measure their achievement.

Refer to:

Education Law Section 305 (45-(47), 1709(3)

8 New York Code of Rules and Regulations (NYCRR) Sections 100.2(g), 100.2 (ll), 100.3 (b)(2)(iv), 100.4(b)(2)(v), 100.4(e)(6) 117, and 154

Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) Section 794 et seq.

Advanced Coursework: Board of Education Policy 7230

The District acknowledges that advanced coursework can foster academic excellence, enhance critical thinking skills, and prepare students for college and career success. In light of the potential benefits and opportunities, the District is committed to offering a variety of advanced coursework options. 

For purposes of this policy, "advanced coursework" means any middle, high school, or college  level honors, gifted, accelerated, Advanced Placement, International Baccalaureate, dual enrollment, or  concurrent-enrollment course, or a course that would offer the ability for a student to earn college credit and/or an industry recognized certification. 

Types of Advanced Coursework 

The District offers a variety of advanced coursework options, including but not limited to: 

1. Accelerated Coursework for Eighth Grade Students 

Eighth grade students have the opportunity to take high school courses in mathematics and in at least one of the following areas: English, social studies, world languages, art, music, career and technical education subjects or science courses. Using written criteria, the Superintendent or designee will determine whether an eighth grade student has demonstrated readiness to take high school courses.

By the end of seventh grade, accelerated students must receive instruction designed to facilitate their attainment of the state intermediate learning standards in each subject area in which they are accelerated. Credit may be awarded upon successful completion of an accelerated course and passing related examinations if certain conditions are satisfied. 

2. Advanced Placement (AP) 

Advanced Placement examinations afford students the opportunity to earn credit or advanced standing in many colleges and universities. The College Board administers a variety of AP examinations in May of each year. The District will determine a student's readiness for enrollment in any AP class. 

3. Dual Credit for College Courses 

Students who have demonstrated readiness for college-level courses and meet all necessary prerequisites may matriculate at any college that has a cooperative agreement with the District. Collegiate opportunities may include early admission to college, collegiate-level work offered in the high school, or other means of providing advanced work. The administration will review and approve any college courses before they are taken during the school day. 

Families and students who wish to pursue advanced coursework will reach out to their child’s guidance counselor to indicate their desire to enroll in advanced courses. Together the family, student and counselor, with input from classroom teacher(s), previous performance on State and local assessments, guidance from the associated Director, and when necessary, the Superintendent’s designee, will determine the appropriate courses. These decisions will not circumvent the required prerequisites listed in the course guide, without permission from the Superintendent or their/his/her designee. 

Financial assistance is available to reduce costs associated with participation in advanced courses, including, but not limited to, related fees, supplies and assessments. If your student is in need of financial assistance, please contact the student’s classroom teacher(s) and counselor. The District shall not be required to pay tuition and other related costs for those high school students enrolled in college courses.

Notification 

By January 1 of each school year, the District will notify students and parents of the benefits  and opportunities within the District of participating in advanced courses. This notification will be  provided electronically or by mail. This notification must also be posted on the District website.  

Notification of advanced coursework must be provided to all students in every grade beginning in  either grade 5 or one grade prior to the first year that advanced coursework is offered by the District,  whichever grade comes first.  

This notification will include: 

1. The benefits of participating in advanced courses; 
2. A description of the advanced courses offered by the District in middle and high school and  how to prepare for and enroll in them; 
3. A description of the advanced courses to be offered by the District in the following school  year; and 
4. A description of the academic and non-academic support the District provides to help  students succeed in advanced courses, as well as any financial assistance available to reduce  or eliminate any costs associated with participation in advanced courses, including, but not  limited to, related fees, supplies, and assessments. 

Refer to:

• Education Law Section 817
• 8 NYCRR Section 100.2 (ll)(2) and 100.4(d)

Board of Education Policy 8260: Title I Parent and Family Engagement

The District will collaborate with parents and other family members to help students participating in Title I programs reach their academic potential and to improve the District's overall academic quality. As part of its collaboration, the District will conduct outreach; plan and implement programs, activities, and procedures for parent and family member engagement; and consult meaningfully with parents and family members.

District-Wide Parent and Family Engagement

To facilitate parent and family participation, the District will:

1. Involve parents and family members in jointly developing this policy, its Title I Plan, and its support and improvement plans. If the parents or family members indicate that the Title I plan is not satisfactory, the District will submit their comments to the State Education Department along with the plan;
2. Aim to improve student academic achievement and school performance through coordination, providing technical assistance, and giving support necessary to assist and build the capacity of all participating schools in planning and implementing effective parent and family engagement activities, which may include meaningful consultation with employers, business leaders, and philanthropic organizations, or individuals with expertise in effectively engaging parents and family members in education;
3. Coordinate and integrate parent and family engagement strategies with other relevant federal, state, local programs and community based organizations such as Learning Links of Fairport, University of Rochester Pediatric Behavioral Health and Wellness Program, Chemical Prevention Advisory Council (CPAC), Developmental Assets Program, Urban-Suburban, Universal Pre-K Program, and Primary Project;
4. Conduct, with the meaningful involvement of parents and family members, an annual evaluation of the content and effectiveness of the parent and family engagement policy in improving the academic quality of its Title I schools. The evaluation will include identifying:
   1. Barriers to greater participation by parents and family members in Title I activities, with particular attention to parents who are economically disadvantaged, are disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background;
   2. The needs of parents and family members to assist with their child's learning, including engaging with school personnel and teachers; and 
   3. Strategies to support successful school and family interactions and opportunities for formal and informal evaluation and feedback through events such as the parent/community groups, Equity Audit and surveys, and direct contact with families through the District Title I Student, Parent, and Community Access Liaison;
   4. Use the evaluation's findings to design evidence-based strategies for more effective parent and family member engagement, and to revise the policy, if needed; 
   5. Involve parents in Title I activities, through an Annual District-wide meeting of parent and family members from Title I Buildings, comprised of a sufficient number and representative group of parents or family members served by the District to adequately represent the students' needs, to develop, revise, and review the parent and family engagement policy. Other activities will include, but not be limited to annual Open Houses and Curriculum Nights, Parent-Teacher-Student Association (PTSA) activities, and building based activities to promote community connections with students and families;
   6. Involve parents and family members in discussions regarding how the District spends funds reserved for parent and family engagement activities through an Annual District-wide Consolidated Application Meeting.  Parent involvement will include, but not be limited to participation in Title I building level meetings and an Annual District-wide Consolidated Application Meeting. 

School-Level Parent and Family Member Engagement 

The Board directs each school receiving Title I funds to develop a building-level parent and family member engagement plan with that school's parents and family members. In addition to the content included above, each school building-level plan will:

1. Describe how to convene an annual meeting, at a convenient time, to inform parents and family members of their school's participation in Title I programs, to explain Title I requirements, and to identify the right of the parents and family members to be involved. All parents and family members of these children will be invited and encouraged to attend the meeting;
2. Offer flexibility in scheduling meetings, and may provide legally permissible transportation, child care, or home visits related to parent and family member engagement, using Title I funds;
3. Involve parents and family members in an organized, ongoing, and timely way in planning, reviewing, and improving Title I programs, including this policy;
4. Provide parents and family members with timely information about programs, a description and explanation of the curriculum in use, the forms of academic assessment used to measure student progress, the achievement levels of the challenging state academic standards, and, if requested by parents or family members, opportunities for regular meetings to formulate suggestions and to participate in decisions relating to their child's education. The District will respond to any suggestions as soon as practicably possible; and
5. Develop a compact jointly with parents and family members that outlines how they, school staff, and students will share responsibility for improved student academic achievement. The compact will also detail the means by which the school and parents and family members will build and develop a partnership to help all children achieve the state's standards.
6. Have a compact that:
   1. Describes the school's responsibility to provide high-quality curriculum and instruction in a supportive and effective learning environment to enable these students to meet the challenging state academic standards;
   2. Describes the ways in which each parent or family member will be responsible for supporting the child's learning, volunteering in the child's classroom, and participating, as appropriate, in decisions relating to the child's education and positive use of extracurricular time; and
   3. Addresses the importance of communication between teachers and parents or family members on an ongoing basis through, at a minimum:
      1. Parent or family member-teacher conferences in elementary schools, at least annually, during which the compact will be discussed as it relates to the individual child's achievement;
      2. Frequent reports to parents or family members on the child's progress; 
      3. Reasonable access to staff, opportunities to volunteer and participate in the child's class, and observing their classroom activities. Families are invited to  activities which include, but are not exclusive to Open Houses and Curriculum Nights, which will be held to share information regarding classroom activities, content area curriculum, technology, and assessment. Regular newsletters at the building and District levels are used to communicate information and to elicit parent participation in order to promote community building and partnerships;
      4. Regular two-way, meaningful communication between family members and school staff, and, to the extent practicable, in a language that family members can understand.

If the parents or family members believe that the building-level parent and family engagement plan is not satisfactory, the school will include their comments when it makes the plan available to the District.

To promote effective involvement of parents or family members and to support a partnership among the school involved, parents or family members, and the community, to improve student academic achievement, the District and each school will:

1. Provide reasonable assistance to parents or family members of children served by the District or school to understand topics such as the challenging state academic standards, state and local academic assessments, the requirements of this policy, and how to monitor a child's progress and work with educators to improve the achievement of the children. This assistance will be provided through, but not exclusive to Open Houses and Curriculum Nights, which will be held to share information regarding classroom activities, content area curriculum, technology, and assessment. In addition, parent-teacher conferences are held two (2) times per year or as requested. Students and families also have access to mental health support, administrative support, and through the Title I Student, Parent, and Community Access Liaison. Translation services are available for English as New Language (ENL) families;
2. Provide reasonable materials and training to help parents or family members to work with the children to improve their achievement, such as literacy training and using technology (including education about the harms of copyright piracy) to foster parent and family member engagement.  These materials and training will be provided through, but not be exclusive to, Open Houses and Curriculum Nights, which will be held to provide information regarding classroom activities, content area curriculum, technology, and assessment. Additionally there is a Parent University, building and District level newsletters, and District website resources provided for students and families; 
3. Educate teachers, specialized instructional support personnel, principals, and other school leaders, with the assistance of parents or family members, in the value and utility of parent or family member contribution, and in how to reach out to, communicate with, and work with parents or family members as equal partners; implement and coordinate parent or family member programs; and build ties between parents or family members and the school. Teachers have access to professional learning through opportunities such as Seeking Educational Equity and Diversity (SEED), and faculty meetings. Additional opportunities for staff and families may include, but are not limited to Parent-Teacher-Student Association (PTSA) meetings,, and building and District specific events sponsored throughout the academic school year; 
4. Coordinate and integrate, to the extent feasible and appropriate, parent and family member engagement programs and activities with federal, state, and local programs, including public preschool programs that encourage and support parents and family members in more fully participating in the education of the children. Such programs and activities may include, but are not limited to Learning Links of Fairport, University of Rochester Pediatric Behavioral Health and Wellness Program, Chemical Prevention Advisory Council (CPAC), Developmental Assets Program, Urban-Suburban, Universal Pre-K Program, and Primary Project.
5. Provide information related to school and parent and family member programs, meetings, and other activities is sent to the parents or family members of participating children in a format and, to the extent practicable, in a language the parents or family members can understand;
6. Provide other reasonable support for parent and family member engagement activities as parents or family members may request.

In addition, the District and each school may:

1. Involve parents or family members in developing training for teachers, principals, and other educators to improve the effectiveness of this training;
2. Provide necessary literacy training from funds received under this part if the District has exhausted all other reasonably available sources of funding for the training.  Teachers are provided with professional training in Phonemic Awareness, Orthographic Mapping, and Language Essentials for Teachers of Reading and Spelling (LETRS) in order to support the Science of Reading and Tier 1 Instruction;
3. Pay reasonable, necessary, and lawful expenses associated with local parent and family member engagement activities, including transportation and child care costs, to enable parents and family members to participate in school-related meetings and training sessions;
4. Provide training for parents or family members to enhance the involvement of other parents or family members;
5. Arrange school meetings at a variety of times, or conduct in-home conferences between teachers or other educators, who work directly with participating children, with parents or family members who are unable to attend these conferences at school, to maximize parent and family engagement and participation;
6. Adopt and implement model approaches to improving parent and family engagement;
7. Establish a District-wide parent and family member advisory council to reasonably provide advice on matters related to parent and family member engagement in supported programs; and
8. Develop appropriate roles for community-based organizations and businesses in parent and family member engagement activities.

In carrying out the parent and family member engagement requirements, the District and its schools, to the extent practicable, will provide opportunities for the informed participation of parents and family members (including parents and family members who have limited English proficiency, parents and family members with disabilities, and parents and family members of migratory children), including providing information and school reports in a format and, to the extent practicable, in a language they understand.

Procedures for Filing Complaints/Appeals

The District will disseminate free of charge to parents and family members of children in Title I programs, and to appropriate private school officials or representatives, adequate information regarding the District's written complaint procedures for resolving Title I issues.

Comparability of Services

The District will verify equivalence among its schools of the same grade span and levels of instruction with regard to teachers, administrators, and auxiliary personnel, as well as equivalence in providing curriculum materials and instructional supplies in Title I programs. 

For example, each Title I school building has common assessments and procedures as part of District-wide Multi-Tiered Systems of Support (MTSS), Positive Behavioral Interventions and Supports (PBIS), and Data Review processes.

Refer to: 

• Title I of the Elementary and Secondary Education Act of 1965 (ESEA), as reauthorized by the Every Student Succeeds Act of 2015
• 20 USC §§ 6318 and 6321
• 34 CFR Parts 74-86, 97-99, and 200

Title I Written Complaint And Appeal Procedures: Board of Education Administrative Regulation 8260R

Complaint and Appeal Procedures

Any public or nonpublic school parent or teacher, other interested person, or agency may file a complaint.

All complaints must

1. Be written;
2. Be signed by the person or agency representative filing the complaint;
3. Specify the requirement of law or regulation being violated and the related issue, problem, and/or the concern;
4. Contain information/evidence supporting the complaint; and
5. State the nature of the corrective action desired.

An appeal must contain

1. A copy of the original signed complaint
2. A copy of the District’s response to the original complaint or a statement that the District failed to respond in 30 business days.

Complaints/appeals regarding the District’s administration and implementation of its ESEA Title I Grant or Academic Intervention Services for students identified under Commissioner's Regulations Part 100 should be sent first to the Superintendent of the Fairport Central School District. The District has a 30-business day period in which to resolve a complaint.

If the District fails to resolve the complaint within 30 business days, or fails to resolve the issue to the satisfaction of the complainant, the complaint should be sent to the Title I School and Community Services Office, Room 365 EBA, New York State Education Department, 89 Washington Avenue, Albany, NY 12234.

Procedures for Filing Complaints/Appeals with the New York State Education Department

The State Education Department will review complaints when the complaint pertains to

1. The State’s administration of the ESEA Title I Basic Grant, Migrant Education, or Neglected or Delinquent Program;
2. An appeal from the decision of the Fairport Central School District regarding an action by the District

State Education Department's timeline for review of complaints/appeals

Within 60 business days of the receipt of the complaint/appeal, State Education Department staff will complete an on-site review (if necessary) and/or records examination and will notify all parties of its findings. An extension of the 60-day complaint resolution period is permitted under CFR Part 299.11 (b), for exceptional circumstances.

Complaints or appeals to the State Education Department

New York State Education Department
Title I School & Community Services Office
Room 365 EBA
89 Washington Avenue
Albany, NY 12234

An appeal must be requested and postmarked within 20 business days of receipt of the District’s response to the original complaint.

The Title I representative in the State Education Department office who is assigned as the program manager for the District against which the complaint is made and other Department staff as may be appropriate shall conduct the review of complaints or appeals. 

The State Education Department's response shall contain

1. The names of persons interviewed;
2. The records or other evidence examined;
3. Relevant dates/times/locations/events;
4. Summary of findings; and
5. Nature of corrective action to be taken including applicable timelines.

State Education Department staff will monitor the timely and appropriate implementation of the corrective actions called for in the complaint/appeal resolution. Failure of the District to take corrective action within the time period stipulated in the complaint resolution shall be cause to withhold all, or a portion of, the ESEA Title I allocation to the District.

The State Education Department maintains copies of correspondence, related documents, investigative reports, and summary reports involved in the complaint/appeal resolution for five years. Records will be made available to interested parties in accordance with the provisions of the New York State Freedom of Information Law (Public Officers Law Sections 84-89).

The State Education Department has determined that exceptional circumstances for extending the 60-day limit for review of complaints and appeals for relief from a district’s action may include, but need not be limited to, such occurrences as

1. Illness of involved parties;
2. Cancellation of scheduled on-site reviews due to unscheduled school closings;
3. The need for extended review activities beyond those specified in the written notification; and/or
4. Any other mutual agreement to changes in review scope or activity.

When exceptional circumstances are identified, the revised date for the completion of the complaint review will be provided in writing to all parties involved in the complaint or appeal. All parties to the complaint have the right to initiate a request for an extension beyond the 60-business day complaint resolution period based on exceptional circumstances. All such requests must be presented to the State Education Department.

Procedures for Adjudicating Appeals from the Decision of the State Education Department

Parties dissatisfied with the State Education Department's complaint resolution may file an appeal directly with the United States Department of Education at:

United States Department of Education
Compensatory Education Programs
400 Maryland Avenue, S.W.
Room 3W230, FOB #6
Washington, D.C. 20202-6132

The Fairport Central School District will keep track of all Title I complaints through the use of an electronic database.

Also Reference:

• 8260: Title 1 Parent Involvement Policy

Student Records: Access and Challenge

The Fairport School District will comply with the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA) and relevant federal and state laws and regulations regarding the maintenance, inspection, amendment, release, destruction, and confidentiality of student records. All procedures regarding student records will be designed to provide access for educational purposes while protecting individual rights and preserving the confidential nature of the records. Under its provisions, parents or guardians and noncustodial parent(s), whose rights are not limited by court order or formal agreement, of a student under eighteen (18), or a student who is eighteen (18) years of age or older, or who is attending an institution of post-secondary education, have a right to inspect and review any and all education records maintained by the District.

Education Records

The term "education records" is defined as all records, files, documents and other materials containing information directly related to a student; and maintained by the education agency or institution, or by a person acting for such agency or institution (34 Code of Federal Regulations (CFR) Section 99.3). This includes all records regardless of medium, including, but not limited to, handwriting, videotape or audiotape, electronic or computer files, film, print, microfilm, and microfiche.

In addition, for students who attend a public school district, all records pertaining to services provided under the Individuals with Disabilities Education Act (IDEA) are considered "education records" under FERPA. As such, they are subject to the confidentiality provisions of both Acts.

Additionally, FERPA does not prohibit a school official from disclosing information about a student if the information is obtained through the school official's personal knowledge or observation and not from the student's education records.

Personal notes made by teachers, or other staff, on the other hand, are not considered education records if they are:

1. Kept in the sole possession of the maker;
2. Not accessible or revealed to any other person except a temporary substitute; and
3. Used only as a memory aid.

Records created and maintained by a law enforcement unit for law enforcement purposes are also excluded.

Access to Student Records

The Board directs that administrative regulations and procedures be formulated to comply with the provisions of federal law relating to the availability of student records. All procedures regarding student records will be designed to provide access for educational purposes while protecting individual rights and preserving the confidential nature of the records.

Under FERPA, unless otherwise exempted in accordance with law and regulation, the District may release Personally Identifiable Information (PII) contained in student education records only if it has received a "signed and dated written consent" from a parent or eligible student. Signed and dated written consent may include a record and signature in electronic form provided that such signature:

1. Identifies and authenticates a particular person as the source of the electronic consent; and
2. Indicates such person's approval of the information contained in the electronic consent.

Exceptions

Without the consent of a parent or eligible student, a district may release a student’s information or records when it is:

1. Directory Information Disclosure and Limited Directory Information

Directory information is information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Limited Directory Information Disclosure means that the District reserves the right to limit disclosure of designated directory information to specific parties and/or for specific purposes.

The District reserves the right to limit disclosure of directory information for school purposes only, including, but not limited to, school yearbooks, honor roll lists, graduation programs, sports programs, news articles, and playbills. The District hereby restricts disclosure of student information to outside entities when the District perceives such disclosure as putting students at risk of becoming targets of marketing campaigns or determines such disclosure could result in danger to the health and safety of students. For purposes of implementing this limited directory information exception, the District will disclose its limited designated directory information in the District newsletter.

2. To School Officials who have a Legitimate Educational Interest

To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests. An educational interest includes the behavior of a student and disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of the student, other students or other members of the school community. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility.

3. To Another Educational Institution

The District may disclose any and all educational records, including disciplinary records and records that were created as a result of a student receiving special education services under Part B of IDEA, to another school or postsecondary institution at which the student seeks or intends to enroll, or after the student has enrolled or transferred, so long as the disclosure is for purposes related to the student's enrollment or transfer. Parental consent is not required for transferring education records if the school's annual FERPA notification indicates that such disclosures may be made. In the absence of information about disclosures in the annual FERPA notification, school officials must make a reasonable attempt to notify the parent about the disclosure, unless the parent initiated the disclosure. Additionally, upon request, schools must provide a copy of the information disclosed and an opportunity for a hearing.

4. For Health and Safety Emergency Reasons

School districts must balance the need to protect students' personally identifiable information with the need to address issues of school safety and emergency preparedness. Under FERPA, if an educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records, without consent, to any person whose knowledge of the information is necessary to protect the health and safety of the student or other individuals during the period of the health or safety emergency.

School districts may release information from records to appropriate parties including, but not limited to, parents, law enforcement officials, and medical personnel. A school district's determination that there is an articulable and significant threat to the health or safety of a student or other individuals will be based upon a totality of the circumstances, including the information available, at the time the determination is made. The school district must record the articulable and significant threat that formed the basis for the disclosure and maintain this record for as long as the student's education records are maintained.

5. To Juvenile Justice Systems

Information may be disclosed to state and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a state statute that concerns the juvenile justice system and the system's ability to effectively serve, prior to adjudication, the student whose records were released. In such cases, the official or authority must certify in writing that the information will not be disclosed to any other party except as provided under law without prior written consent.

6. To Foster Care Agencies

A district may release records to an agency caseworker or other representative of a State or local child welfare agency, who has the right to access a student's case plan, when the agency or organization is legally responsible, for the care and protection of the student. This does not give a child welfare agency the right to look into any non-foster care student's records, without parental consent, when there has been a mere allegation of abuse or maltreatment, absent an order or subpoena (see below).

7. Pursuant to a Subpoena or Court Order

When a district receives a subpoena or court order for the release of records the District must make a reasonable effort to notify the parent/guardian or eligible student of the order or subpoena in advance of compliance. This allows the parent/guardian or eligible student to seek protective action against the subpoena or order before the release of the records.

Districts may disclose a student's records without first notifying parents/guardians or eligible students if the disclosure is:

1. Based on a subpoena in which the court orders, for good cause shown, not to reveal to any person the existence or contents of the subpoena or any information furnished pursuant to the subpoena;
    
2. Pursuant to a judicial order in cases where the parents are a party to a court proceeding involving child abuse or maltreatment or dependency matters, and the order is issued in the context of that proceeding; or
    
3. Made to a court (with or without an order or subpoena) when a District is involved in legal action against a parent or student and the records are relevant to the matter.

 

8. For Financial Aid Purposes

Pertinent information may be released in connection with the determination of eligibility, amount, conditions and enforcement of terms of a student's financial aid.

9. To Accrediting Organizations

Disclosure of a student's records may be made to an organization in which that student seeks accreditation, in order to carry out their accrediting function.

10. To Parents of a Dependent Student

Even when a student turns eighteen (18) years of age or older a District may disclose education records to that student's parents, without the student's consent, if the student is claimed as a dependent for federal income tax purposes by either parent.

11. For Audit/Evaluation Purposes

The audit or evaluation exception allows for the disclosure of PII from education records without consent to authorized representatives of the Comptroller General of the U.S., the Attorney General, the Secretary of Education, federal, and State or local educational authorities ("FERPA permitted" entities). Under this exception, PII from education records must be used to audit or evaluate a Federal or State supported education program, or to enforce or comply with Federal legal requirements that relate to those education programs (audit, evaluation, or enforcement or compliance activity).

The District may, from time to time, disclose PII from education records without consent to authorized representatives of the entities listed above. If satisfied as to the authorized representatives’ legal authority to obtain such information, the District may alternatively opt to redact PII to the extent permitted by law. The District may also, from time to time, designate its own authorized representative who may access PII without consent in connection with an audit or evaluation of an education program within the District. As an example, the District might designate a university as its authorized representative in order to disclose, without consent, PII from education records on its former students to the university. The university could then disclose, without consent, transcript data on those former students attending the university to allow the District to evaluate how effectively the District prepared its students for success in postsecondary education.

12. For Conducting Studies

This exception allows for the disclosure of PII from education records without consent to organizations conducting studies for, or on behalf of, schools, school districts or postsecondary institutions. Studies can be for the purpose of developing, validating, or administering predictive tests; administering student aid programs; or improving instruction.

The District may, from time to time, disclose PII from education records without consent to such organizations conducting studies for the District, in accordance with its obligations under FERPA.

In addition, other entities outside of the District may, from time to time, disclose PII from education records that the District has previously shared with that entity, to organizations conducting studies on behalf of the District. For example, a State Education Agency (SEA) may disclose PII from education records provided by the District without consent to an organization for the purpose of conducting a study that compares program outcomes across school districts to further assess the effectiveness of such programs with the goal of providing the best instruction.

Required Agreements for the Studies or Audit/Evaluation Exceptions

To the extent required by law, the District will enter into a written agreement with organizations conducting studies for the District, or, with its designated authorized representatives in connection with audits or evaluations of education programs within the District. In the event that the District discloses PII from education records to its own designated authorized representative in connection with an audit or evaluation of an educational program within the District, it will use reasonable methods to ensure  to the greatest extent practicable that its designated authorized representative complies with FERPA and its regulations.

Security of Parent Portal and Electronic Personal Identifiers

Access to student records through the Parent Portal will require a unique electronic identifier combined with other authentication factors known only to the user in order to authenticate the user’s identity and ensure that the user is, in fact, a person authorized to access records. Public key infrastructure (PKI) technology for encryption and Secure Sockets Layer (SSL) will be used for protection of confidential computerized data.

Challenge to Student Records

Parents/guardians of a student under the age of eighteen (18), or a student who is eighteen (18) years of age or older or who is attending an institution of post-secondary education, will have an opportunity for a hearing to challenge the content of the school records, to ensure that the records are not inaccurate, misleading, or otherwise in violation of the privacy of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.

Release of Information to the Noncustodial Parent

The District may presume that the noncustodial parent has the authority to request information concerning his/her child and release such information upon request. If the custodial parent wishes to limit the noncustodial parent’s access to the records, it would be his/her responsibility to obtain and present to the school a legally binding instrument that prevents the release of said information.

Parents’ Bill of Rights

The District posts a parents’ bill of rights for data privacy and security, and it includes this bill of rights with every contract it enters into with a third-party contractor that received student, teacher or principal data. The bill of rights informs parents of the legal requirements regarding privacy security, and use of student data.

Refer to:

Family Educational Rights and Privacy Act of 1974, 20 United States Code (USC) Section 1232g, 34 Code of Federal Regulations (CFR) Part 99, Education Law § 2-d

Also reference Board Policies:

3320-Confidentiality of Computerized Information, 7241-Student Directory Information, 7242 Military Recruiters" Access to Secondary School Students and Information on Students, 7643-Transfer Students with Disabilities

Limited Disclosure of Student Directory Information: Board of Education Policy 7241

Adopted: February 16, 2011

Limited Disclosure of Student Directory Information

In accordance with the Family Educational Rights and Privacy Act (FERPA), the District limits the disclosure of directory information (to individuals other than those with legitimate educational interest) to specific parties, for specific purposes, as set forth below and in its annual notification to parents/eligible students.
 

Directory information is information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. The District defines “directory information” to include only the following:

• Name
• Address
• Telephone number
• Dates of attendance
• Photograph/image
• Grade level
• Participation in officially recognized activities and sports
• Honors and awards received

Prior to disclosing directory information, the District will annually provide written notice to parents of students in attendance and eligible students in attendance of (a) the types of information the District releases as directory information; (b) the limited purposes for which directory information is typically released; (c) the parents’/eligible students’ rights to refuse to let the District designate any or all of those types of information as directory information (“opt-out”); and (d) the period of time within which parents/eligible students have to notify the District in writing that they do not want any or all of those types of information designated as directory information. Following such public notice and a reasonable response period, the District may release directory information for the limited reasons set forth below and in its annual written notice without prior written consent.
 

Note that parents/eligible students may not, by opting out of disclosure of directory, information prevent the District from requiring a student to wear or present a student identification card or a badge that displays information defined as “directory information.”

Limited Directory Information Disclosure
 

The District’s annual written notice to parents of students in attendance and eligible students will explain that the District’s disclosure of directory information will be limited to specific parties and specific purposes only.
 

The primary purpose for disclosing directory information without obtaining individual consent at the time of each disclosure is to allow the District to include information from education records in certain school publications, such as the yearbook, honor roll and other recognition lists, graduation programs, sports activity sheets, and playbills showing students’ roles in drama productions in a timely manner and without the necessity for requesting consent in situations in which it is expected that there would be no significant concern about invasion of privacy or any danger or harm from the disclosure. Unless the parent/eligible student opts out, the District will make the disclosure without obtaining consent. The District may also disclose directory information to outside organizations/parties without a parent’s/eligible student’s prior written consent but only for school-related activities or purposes. Examples of such outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks.

The District shall not disclose directory information in any situation when a risk to student safety, risk of identity theft, or other harm to student(s) is reasonably perceived.

Military Recruiter Disclosure

The release of student directory information is not to be confused with the release of names, addresses and telephone listings of eligible students to military recruiters, in accordance with federal law(s). See Policy #7242 regarding military recruiter disclosure.

Also Reference:

• 7242: Military Recruiters and Institutions of Higher Education
• 7240: Student Records: Access and Challenge

Refer to:

• Family Educational Rights and Privacy Act of 1974, 20 United States Code (USC) Section 1232(g)
• 34 Code of Federal Regulations (CFR) Part 99

 

Reviewed: April 18, 2012

Reviewed: January 16, 2013

Reviewed: December 15, 2015

Reviewed: Winter 2024 

Anticipated Next Review:  2029

 

 

Students with Life-Threatening Health Conditions and/or Anaphylaxis: Board Policy 7521 

Students come to school with diverse health conditions, including allergic reactions, which may be serious and life-threatening. This policy encompasses an array of serious or life-threatening health conditions, including, but not limited to allergies, anaphylaxis, diabetes, seizure disorders, or severe asthma and acute health conditions *such as substance overdose. All students within the District with known life-threatening conditions will have a comprehensive plan of care in place: an Emergency Care Plan (ECP) or Individualized Healthcare Plan (IHP) and, if appropriate, an Individualized Education Plan (IEP) or Section 504 Plan.

If a student has a known life-threatening condition on their health history form or if the parent or person in parental relation alerts the District to the student's life-threatening health condition, the District will assemble a team to manage the student's needs. The team may include, but is not limited to, the parent or person in parental relation, the healthcare provider, the school nurse, teachers, administrator, and other appropriate personnel who will be responsible for developing an individualized ECP, IHP, and if appropriate, an IEP or Section 504 Plan.

The District should also develop plans to address managing an allergic reaction in a student or staff member who has not been previously diagnosed as having an allergy.

Life-Threatening Conditions and/or Anaphylaxis

For those students with life-threatening health conditions and/or anaphylaxis, the District must work cooperatively with the parent(s) or person(s) in parental relation and the healthcare provider(s) to:

1. Immediately develop an ECP for each at-risk student to ensure that all appropriate staff are aware of the student's potential for a life-threatening reaction;
2. If appropriate, develop an IHP that includes all necessary treatments, medications, training, and educational requirements for the student. If the student is eligible for accommodations based upon the Individuals with Disabilities Act (IDEA), Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act, the appropriate procedures will be followed regarding evaluation and identification;
3. Provide training by licensed medical staff (e.g., registered professional nurse) for all adults in a supervisory role in the recognition and emergency management of a specific health condition for specific students;
4. Obtain specific medical-legal documents duly executed in accordance with New York State law; appropriate health care provider authorization in writing for specific students that include the frequency and conditions for any testing and/or treatment, symptoms, and treatment of any conditions associated with the health issue; and directions for emergencies;
5. Secure written parent permission and discuss parental responsibility that includes providing the health care provider's orders, providing any necessary equipment, and participation in the education and co-management of the student as they work toward self-management;
6. Allow supervised students to carry life-saving medication in accordance with applicable laws, regulations, and procedures. The District will also encourage parents and students to provide duplicate life-saving medication to be maintained in the health office in the event the independent student misplaces, loses, or forgets their medication;
7. Assure appropriate and reasonable building accommodations are in place within a reasonable degree of medical certainty.

In addition, the District will:

1. Require teachers to meet with the school nurse for students of life threatening illnesses at the start of a school year or semester course;
2. Provide training for transportation, instructional, food service, or physical education staff, as appropriate, in the recognition of an anaphylactic reaction;
3. Have standing emergency medical protocols for nursing or other staff including calling for emergency transport or 911 and determining which school personnel will accompany the student until the parent or person in parental relation is present ;
4. Request the District Physician to write a non-patient specific order for anaphylaxis treatment agents for the school’s registered professional nurse or other staff, as designated by the administration and allowed under federal and New York State laws and regulations, to administer in the event of an unanticipated anaphylactic episode;
5. Maintain or ensure the maintenance of a copy of the standing order(s) and protocol(s) that authorizes appropriate District staff  to administer emergency medications such as anaphylactic treatment agents;
6. As permitted by New York State law, the District will maintain non-patient specific opioid antagonists (Naloxone) on-side in each instructional school facility to ensure ready and appropriate access during emergencies for students and staff. To obtain, store and use naloxone, the District Physician has issued a non-patient specific order to the school nurse to administer naloxone on-site.
7. Allow the school registered nurse, nurse practitioner, physician assistant or physician to train unlicensed school staff  to administer prescribed glucagon or epinephrine devices in emergency situations where an appropriately licensed health professional is not available, to students with both a written provider order and parent or person in parental relation consent during the school day, on school property, and at any school function.  Training will be provided in accordance with specifications outlined in law and regulation;
8. As permitted by New York State law, maintain epinephrine devices for use during emergencies. The District must have sufficient supply available to ensure access for use during emergencies to any student or staff member having symptoms of anaphylaxis whether or not there is a previous history of severe allergic reaction. In case of emergency, trained school staff or school staff directed to use an epinephrine device by a health care practitioner may administer an epinephrine device to any student or staff member having symptoms of anaphylaxis in the District. Districts that maintain epinephrine  devices on-site must provide all teachers with written informational material on the use of an epinephrine epinephrine device that has been created and approved by the Commissioner of Health;
9. Ensure that building-level and District-wide school safety plans include appropriate accommodations for students with life-threatening health conditions.
10. Encourage families to obtain medic-alert bracelets for students with life-threatening health conditions;
11. Educate students regarding the importance of immediately reporting symptoms of an allergic reaction; 
12. Students with life-threatening Illnesses will be identified in the Student Data Management System with a red cross (medical alert) for staff to be aware of;

Creating an Allergen-Safe School Environment

The risk of accidental exposure or cross-contamination is always present in school, particularly for students with food allergies. The school setting is a high-risk environment for accidental ingestion of a food allergen due to the presence of a large number of students, increased exposure to food allergens, and cross-contamination of tables, desks, and other surfaces.

In an effort to prevent accidental exposure to allergens, the District will monitor the following high-risk areas and activities:

1. Cafeteria;
2. Food sharing;
3. Hidden ingredients in art, science, and other projects;
4. Transportation;
5. Fundraisers and bake sales;
6. Parties and holiday celebrations;
7. Field trips; and
8. Before and after-school programs.

All staff, including substitute staff, should be made aware of student allergies on a need-to-know basis.

The District will develop communication plans: 

a) For discussion with students that have developed adequate verbal communication and comprehension skills and with the parents or persons in parental relation of all students about foods that are safe and unsafe and about strategies to avoid exposure to unsafe food; and 

b) Between the school and the parent or person in parental relation, the school nurse and the health care provider, and the school nurse and building staff for intake and dissemination of information for students at risk for anaphylaxis. 

Empowering Students Toward Medical Self-Management

The District will work toward assisting students in the self-management of their health condition(s) based upon the student's knowledge level and skill by:

1. Adequately training all staff involved in the care of the student, as appropriate;
2. Assuring the availability of the necessary equipment and/or medications;
3. Providing appropriately trained licensed persons as required by law;
4. Developing an emergency plan for the student; 
5. Providing ongoing staff and student education;
6. Teaching students to read food labels and to sharpen refusal skills for foods with unknown ingredients, as appropriate; and 
7. Teaching students to avoid the allergen, including latex, insect, or whatever allergen exists for the student, as appropriate.

Notification of Policy and Written Materials 

At least once per calendar year, the District must send a notification to parents and persons in parental relation of all students to make them aware of anaphylactic policies and informational materials pursuant to Public Health Law. The notification will include contact information for the individual at the school who can assist with the individualized concerns regarding the anaphylactic policies.

Refer to:

• Americans with Disabilities Act, 42 USC Section 12101 et seq.
• Individuals with Disabilities Education Act (IDEA), 20 USC Sections 1400-1485
• Section 504 of the Rehabilitation Act of 1973, 29 USC Section 794 et seq.
• 34 CFR Part 300
• Education Law Sections 921, 921-a, and 922
• 8 NYCRR Section §64.7, 136.6, 136.7, and 136.8
• Public Health Law Sections 2500-h, 3000-a, and 3000-c

Evaluation Of Personnel - Purposes: BOE Policy 6130

All Staff Members

The administration will undertake a continuous program of supervision and evaluation of all personnel, including support staff, in the District.  The primary purposes of the evaluations will be to encourage and promote improved performance and to make decisions about the occupancy of positions

Teachers and Administrators

The District is committed to supporting the development of highly effective teachers and administrators. To this end, the District will provide procedures for the evaluation of all professional staff. The District will develop an Annual Professional Performance Review (APPR) plan/educator evaluation plan in accordance with applicable laws and regulations.

The primary purposes of these evaluations are:

1. To encourage and promote highly effective performance and foster continuous improvement and growth ;
    
2. To guide professional development efforts; and
    
3. To provide a basis for evaluative judgments by applicable school officials.

Disclosure of APPR/Educator Evaluation Ratings

The Commissioner is required to disclose professional performance review/evaluation data for teachers and building principals on the New York State Education Department website and in any other manner to make this data widely available to the public.  The District will provide notice to parents or legal guardians of their right to obtain this information and the methods by which the data can be obtained.

Refer to:

• 8 NYCRR Sections 80-1.1 and 100.2(o)
• Education Law 3012-c and 3012-d
• 8 NYCRR Subpart 30-3 
• Public Officers Law Article 6

Comprehensive Student Attendance: BOE Policy 7110

COMPREHENSIVE STUDENT ATTENDANCE 

 

Philosophy

The Fairport CSD Board of Education recognizes that consistent school attendance is fundamental to maintaining a quality educational program and to the success and safety of students. Regular student attendance is vital to the continuity of instruction and is an integral factor in increased learning and achievement. Absences have a highly adverse effect on the student as well as the entire educational program. 

Statement of Overall Objectives and Strategies to Meet Objectives: 

The Fairport Central School District is an active partner with students and parents or persons in parental relation in the task of ensuring that all students meet or exceed the New York State Learning Standards. The Board of Education and District recognize that consistent school attendance, academic success and school completion have a positive correlation. The objective of this policy is to:

1. Increase school attendance for all students; 
2. Raise student achievement and close gaps in student performance; 
3. Identify attendance patterns in order to design attendance improvement efforts; 
4. Know the whereabouts of every student for safety; 
5. Verify that individual students are complying with education laws relating to compulsory attendance; and
6. Determine the District’s average daily attendance for state aid purposes. 

The Board directs the Superintendent or their designee to implement multiple strategies to improve student attendance. These strategies include, but are not limited to, the following:

1. Create and maintain a positive school building culture by fostering a positive physical and psychological environment where the presence of strong adult role models encourages respectful and nurturing interactions.. This positive school culture is aimed at encouraging a high level of student bonding to the school in an effort to lead to increased attendance. 
2. Maintain accurate record keeping via a Register of Attendance to record attendance, absence, tardiness, or early departure of each student. 
3. Utilize data analysis systems for tracking individual student attendance and individual and group trends in student attendance problems. 
4. Develop early intervention strategies to improve school attendance for all students.  

Determination of Excused and Unexcused Absences, Tardiness and Early Departures

Based upon the District’s education and community needs, values, and priorities, the District has determined that absences, tardiness, and early departures will be considered excused or unexcused according to the following standards: 

1. Excused: An absence, tardiness, or early departure may be excused if due to personal illness, illness or death in the family, impassable roads due to inclement weather, religious observance, quarantine, required court appearances, attendance at health clinics, approved college visits, approved cooperative work programs, military obligations, DMV road test, or other reasons as may be approved by the Board. 
2. Unexcused: An absence, tardy, or early departure is considered unexcused if the reason for the lack of attendance does not fall into the above categories (e.g., family vacation, hunting, babysitting, haircut, oversleeping). 

 A parent or person in parental relation should communicate a reason for each absence, preferably in written format.

 

Student Attendance Recordkeeping/Data Collection

The record of each student's presence, absence, tardiness, and early departure will be kept in a register of attendance in a manner consistent with the Commissioner's Regulations. An absence, tardiness, or early departure will be entered as excused or unexcused along with the District code for the reason. 

Attendance will be taken and recorded in the following manner:

1. At the Elementary Level, Grades Kindergarten through Five

Daily attendance will be taken once a day, at the start of the school day, by the classroom teacher. The classroom teacher will enter the attendance information into an electronic database. The attendance clerk will review and verify this information and assign a code from the District coding system. Students arriving late or leaving early from school will report to the Attendance Office and the attendance clerk will enter that information into the electronic database. At the end of the day, an Attendance Report is generated by the attendance clerk and the attendance information will become a part of the student's permanent attendance record.

Parents or persons in parental relation are required to contact the Attendance Office within 3 days of the absence stating the specific reason for the absence. Advanced notice is required for absences before or after school breaks. If a child is tardy to school, the parent must accompany their child into school and sign in at the Attendance Office. Parents or persons in parental relation are required to contact the building attendance clerk if their child will be leaving school early. For all early dismissals, the parent must report to the Attendance Office first to sign their child out of school.

2. At the Secondary Level in Grades Six through Twelve

Daily attendance will be taken once a day, at the beginning of the school day. The designated teacher will enter the attendance information into an electronic database. Classroom attendance will be taken and recorded by the end of each period by the classroom teacher. The attendance clerk will review and verify this information and assign a code from the District coding system. Parents or persons in parental relation are required to contact the attendance clerk within 3 days of an absence to provide a reason. Students arriving late or leaving early from school will report to the Attendance Office to sign in or out and the attendance clerk will enter that information into the electronic database. Parents or persons in parental relation are required to contact the attendance clerk if their child will be learning school early.  At the end of the day, an Attendance Report is generated by the attendance clerk and the attendance information will become a part of the student's permanent attendance record.

 

 

3. Recording Absences

Any absence for a school day or portion of a school day will be recorded as excused or unexcused in accordance with standards described in this policy.

4. Recording Lateness or Early Departure

If a student at any instructional level, from Kindergarten through grade twelve, arrives late for or departs early from scheduled instruction, such tardiness or early departure will be recorded as excused or unexcused in accordance with standards described in this policy.

5. Recording for School Closing Due to Emergencies

A record will be kept of each scheduled day of instruction during which school is closed for all or part of the day due to extraordinary circumstances such as adverse weather, lack of heat, water, or fuel, destruction or damage to the school, or other reasons designated by the Commissioner of Education.

6. Recording Student Withdrawal/Drop from Enrollment

Attendance records will indicate the date when a student withdraws from enrollment or is dropped from enrollment in accordance with Education Law Section 3202(1-a).
 

Student Attendance/Course Credit
 

Students are expected to attend all scheduled classes. Unexcused student absences, tardiness, and early departures may affect a student's learning and successful completion of course requirements.
 

Notice of Students who are Absent, Tardy or Depart Early Without Proper Excuse

An automated message is sent to notify the parent or person in parental relation of a student who is absent, tardy or departs early without a proper excuse.  The parent or person in parental relation of a student is asked to call the main office of the student’s school or send in a written note to document the reason for the absence, tardy or early departure.

 The associated school main office may make available the District's Comprehensive Student Attendance Policy, the District's/school's intervention procedures, and if appropriate, the relationship between student attendance and course credit.

If deemed necessary by appropriate school officials, or if requested by the parent or person in parental relation, a conference will be scheduled between the parent or person in parental relation and appropriate staff members to address the student's attendance. The student may also be requested to attend this conference to address appropriate intervention strategies that best meet the needs of the student.

Chronic Absenteeism

Chronic absenteeism is defined as missing at least 10% of enrolled school days in a year for any reason, excused or unexcused, unless the absence is due to an administratively approved educational trips, school-sponsored field trips.  Chronic absenteeism differs from truancy because it emphasizes missed instructional time rather than unexcused absences.  Missed instructional time can increase a student's risk for disengagement, low achievement, and dropping out, among other things.

Students who miss at least 5% of enrolled school days in a year are at risk of becoming chronically absent.  In light of this, the District will implement intervention strategies for students who miss 5% or more of the enrolled school days in a year.

Disciplinary Consequences

Unexcused absences, tardiness and early departures will result in disciplinary sanctions as described in the Fairport District's Code of Conduct. Negative consequences will not be imposed, however where the absence, tardiness, or early departure is related to homelessness. Parents or persons in parental relation will be notified by designated District personnel periodically to discuss their child's absences, tardiness, or early departures and the importance of class attendance, and appropriate interventions if needed. Individual buildings and grade levels will address procedures to implement the notification process to the parent or person in parental relation. 

Intervention Process

To effectively intervene when an identified pattern of excused absences, unexcused absences, tardiness, or early departures occurs, the Board directs the Superintendent or their designee to develop appropriate intervention processes, including, but not limited to: 

1. Identifying specific element(s) of the pattern (e.g., grade level, building, time frame, type of excused absences, unexcused absences, tardiness, or early departures);
    
2. Discussing strategies to directly intervene with specific elements including the use of District and/or community resources, meeting with students and parents/guardians as needed, and/or recommending interventions to the Superintendent/designee if it relates to a change in District policy or procedure;
    
3. Implementing changes, as approved by the appropriate administration; and
    
4. Monitoring and reporting short-term and long-term effects of intervention.

Additionally, patterns of excellent attendance may be recognized and celebrated through grade-appropriate/building-level means. 

Appeal Process

A parent or person in parental relation may request a building level review of their child’s attendance record. 

Building Review of Attendance Records

The Building Principal or designee will work in conjunction with the building attendance clerk and other designated staff in reviewing attendance records at the end of each term. This review is conducted to identify individual and group attendance patterns and to initiate appropriate action to address the problem of unexcused absences, tardiness, and early departures. .

Annual Review by the Board of Education

The Board of Education will annually review the building-level student attendance records. If such records show a decline in student attendance, the Board will make any revisions to the policy and plan deemed necessary to improve student attendance.

Community Awareness

The Board of Education and administration will promote community awareness of the Comprehensive Student Attendance Policy by:

1. Providing a plain language summary of the policy to parents or persons in parental relation to students at the beginning of each school year and promoting the importance of school attendance,
2. Providing each teacher, at the beginning of the school year or upon employment, with a copy of the policy; and
3. Providing copies of the policy to any other member of the community upon request. 

 

Refer to:

• Education Law §§ 3024, 3025, 3202, 3205, 3206, 3210, 3211. and 3213
• 8 NYCRR §104.1, 109.2, and 175.6

 

Reference: 

7131: Education of Homeless Children and Youth

Fairport CSD Code of Conduct 

 

Reviewed: August 21, 2013

Reviewed:  Summer 2023

Reviewed: Spring 2025

Anticipated Next Review: Summer 2030

 

Equal Educational Opportunities: BOE Policy 8130

Overview

The District is committed to creating and maintaining an environment which is free from discrimination and harassment. This policy addresses the provision of equal educational opportunities to students. It is just one component of the District's overall commitment to maintaining a discrimination and harassment-free educational and work environment.

Consistent with this commitment and in accordance with law and regulation, the District provides equal opportunity for students and does not discriminate against any student enrolled in (or any candidate for admission to) its programs and activities on the basis of any legally protected class or category including, but not limited to: race; color; religion; disability; national origin; sexual orientation; gender identity or expression; military status; sex; age; marital status; pregnancy; parental status; weight; ethnic group; or religious practice. Further, the District provides equal access to its facilities to any group officially affiliated with Scouting America or any other youth group listed in Title 36 (as a patriotic society).

The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of discrimination. The District will promptly respond to reports of discrimination, ensure that all investigations are conducted within a reasonably prompt time frame and under a predictable fair grievance process that provides due process protections, and impose disciplinary measures and implement remedies when warranted.

Inquiries about this policy may be directed to the District's Civil Rights Compliance Officer(s) (CRCO(s)).

 Reporting Allegations of Discrimination

In order for the District to enforce this policy, and to take corrective action as warranted, it is essential that students who believe that they have been a victim of discrimination, as well as any other person who has knowledge of or witnesses any possible discrimination, immediately report the alleged conduct or incident. Reports of discrimination may be made orally or in writing to any District employee including, but not limited to, a teacher, building principal, or CRCO.

All District employees who witness or receive an oral or written report of discrimination must immediately inform the CRCO. Failure to immediately inform the CRCO may subject the employee to discipline up to and including termination. If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.

Additionally, District employees must comply with reporting requirements in any other applicable District policy or document.  

Educational Services for Married/Pregnant Students

The opportunity to participate in all of the programs and activities of the District will not be restricted or denied because of pregnancy, parenthood, or marriage. Pregnant students will be encouraged to remain and participate in District programs. The forms of instruction provided to these students may include any or all of the following:

1. Remain in school with provisions for special instruction, scheduling, and counseling as needed; 
2. Receive home instruction;
3. Attend BOCES programs.

The Superintendent or designee, in consultation with student services staff, the school physician, and the student's personal physician, may make program modifications which are feasible and necessary to accommodate the special needs of these students.

Grievance Process for Complaints of Discrimination

The District will act to promptly, thoroughly, and equitably investigate all complaints, whether oral or written, of discrimination and will promptly take appropriate action to protect students from further discrimination.

Various District policies and documents address discrimination, including, but not limited to those listed below.All complaints will be handled in accordance with the applicable District policies and/or documents.

The determination as to which District policies and/or documents are applicable is fact specific, and the CRCO may work with other District staff such as the District's Title IX Coordinator(s) and/or Dignity Act Coordinator(s) (DAC(s)) to determine which District policies and/or documents are applicable to the specific facts of the complaint.

If an investigation reveals that discrimination has occurred, the District will take immediate corrective action as warranted. This action will be taken in accordance with applicable law and regulation, as well as any applicable District policy, regulation, procedure, collective bargaining agreement, third-party contract, or other document such as the District's Code of Conduct.    

Prohibition of Retaliatory Behavior (Commonly Known as "Whistle-Blower" Protection)

The District prohibits retaliation against any individual because the individual made a report or complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing related to a complaint of discrimination.

Complaints of retaliation may be directed to the CRCO. If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.

Where appropriate, follow-up inquiries will be made to ensure that the discrimination has not resumed and that those involved in the investigation have not suffered retaliation.

Refer to: 

• Age Discrimination Act of 1975, 42 USC § 6101 et seq.
• Americans with Disabilities Act (ADA), 42 USC § 12101 et seq.
• Equal Educational Opportunities Act of 1974, 20 USC § 1701 et seq.
• Section 504 of the Rehabilitation Act of 1973, 29 USC § 790 et seq.
• Title IV of the Civil Rights Act of 1964, 42 USC § 2000c et seq.
• Title VI of the Civil Rights Act of 1964, 42 USC § 2000d et seq.
• Title IX of the Education Amendments Act of 1972, 20 USC § 1681 et seq.
• 28 CFR Part 35
• 34 CFR Parts 100, 104, 106, 110, and 270
• 45 CFR Part 86
• Civil Rights Law §§ 40, 40-c, and 47-b
• Education Law §§ 10-18, 313, 2801, 3201, and 3201-a
• New York State Human Rights Law, Executive Law § 290 et seq.
• 8 NYCRR § 100.2
• 9 NYCRR § 466 et seq. 

Refer also to Policies:

• 3281: Use of District-Owned Materials and Equipment
• 3410: Code of Conduct
• 3420: Non-Discrimination and Anti-Harassment in the District
• 7550: Student Harassment and Bullying Prevention and Intervention 
• 7551: Sexual Harassment of Students
• District Code of Conduct, Character, and Support

Child Abuse and Maltreatment: BOE Policy 7530

Section 409-l of the New York Education Law, which became effective January 17, 2017, requires every public school in New York State to post the toll-free telephone number operated by the New York State Office of Child and Family Services (“OCFS”) to receive reports of child abuse or neglect, and directions for accessing the OCFS website. That telephone number is 1-800-342-3720.

The District takes seriously the obligations of its officers and employees to report cases of child abuse or maltreatment. To this end, regulations will be developed, maintained, and disseminated by administration regarding the:

1. Mandatory reporting of suspected child abuse or maltreatment;
2. Reporting procedures and obligations of persons required to report;
3. Provisions for taking a child into protective custody;
4. Mandatory reporting of deaths;
5. Immunity from liability and penalties for failure to report;
6. Obligations for provision of services and procedures necessary to safeguard the life or health of a child; and
7. Provision of information in recognizing signs of unlawful methamphetamine laboratories for all current and new school officials (i.e., "mandated reporters") who, as part of their usual responsibilities, visit children's homes.

Additionally, an ongoing training program for all current and new school officials will be established and implemented to enable the staff to carry out their reporting responsibilities.

Reporting Information

The District will post the child abuse hotline telephone number and directions for accessing the Office of Children and Family Services (OCFS) website in English and Spanish on its website and in clearly and highly visible areas of school buildings. The District will also make this information available from its administrative offices; provide it to parents and persons in parental relation at least once per school year by electronic communication, sending the information home with students, or otherwise; and provide it to each teacher and administrator. The District may post and provide this information in other, common languages used by the school community.

Persons Required to Report

Persons required to report cases of child abuse or maltreatment to the State Central Register (SCR) in accordance with Social Services Law Section 413(1) include, but are not limited to, school teachers, school guidance counselors, school psychologists, school social workers, school nurses, school administrators or other school personnel required to hold a teaching or administrative license or certificate, and full- or part-time compensated school employees required to hold a temporary coaching license or professional coaching certificate.

All mandated reporters must make the report themselves and then immediately notify the building principal or principals’ designee. The building principal or designee will be responsible for all subsequent administration necessitated by the report. Any report must include the name, title, and contact information for every staff member who is believed to have direct knowledge of the allegations in the report.

Child Protective Services

The District will cooperate with local Child Protective Services (CPS) workers who wish to conduct interviews of students in accordance with applicable Social Services Law. All Lead Agencies, and/or representatives, and CPS, will present proper documentation for entrance into the schools.

All requests by child protective services to interview a student on school property shall be made directly to the principal or designee. The principal or designee will refrain from contacting parents/guardians unless advised to do so by Child Protective Services. The principal or designee will provide as much privacy and as few interruptions as possible. The designee should reassure the student that a designee will be nearby in case the student should decide to have the designee present at some point during the interview.

If at any point the student requests a specific staff member to join the designee during the interview that person may be present as a support to the student and will not participate in the interview unless requested to do so by the Child Protective Services worker. If a student does not request the presence of a designee, a Child Protective Services worker can interview the student alone. If a student does not request the presence of a designee, but the designee feels it is necessary and appropriate for a designee to be present during the interview, the school official will work with the Child Protective Services worker to determine what is in the best interest of the student.

If the nature of the allegations is such that it may be necessary for the student to remove any clothing in order for the child protective services worker to verify the allegations, the school nurse or other district medical personnel must be present during that portion of the interview. No student will be required to remove clothing in front of anyone, other than a medical professional.

A child protective services worker may not remove a student from school property without a court order, unless the worker believes that the student would be subject to danger of abuse if the student were not removed from school before a court order can be obtained. If the Child Protective Services worker believes the student would be subject to danger of abuse, the worker may remove the student without a court order and without the parent’s consent.

Prohibition of Retaliatory Personnel Action

The District will not take any retaliatory personnel action against an employee because the employee believes that they have reasonable cause to suspect that a child is an abused or maltreated child and that employee makes a report to SCR. Further, no school official will impose any conditions, including prior approval or prior notification, upon any staff member specifically designated a mandated reporter.

"Retaliatory personnel action" means the discharge, suspension, or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment.

Report Form

The "Report of Suspected Child Abuse or Maltreatment" Form LDSS-2221A may be accessed at the OCFS website.

Child Abuse in an Educational Setting

The District is committed to the protection of students in educational settings from abuse and maltreatment by employees or volunteers.

Child abuse means any of the following acts committed in an educational setting by an employee or volunteer against a child (defined as a person under the age of 21 years enrolled in a school):

1. Intentionally or recklessly inflicting physical injury, serious physical injury, or death; or
    
2. Intentionally or recklessly engaging in conduct which creates a substantial risk of physical injury, serious physical injury, or death; or
    
3. Any child sexual abuse, defined as conduct prohibited by Penal Law Articles 130 or 263; or
    
4. The commission or attempted commission against a child of the crime of disseminating indecent materials to minors in accordance with Penal Law Article 235.

Administrator or school administrator means a principal, or the equivalent title, in a school, or other chief school officer.

Educational setting means the building(s) and grounds of the District; the vehicles provided directly or by contract by the District for the transportation of students to and from school buildings, field trips, co-curricular and extracurricular activities both on and off District grounds; all co-curricular and extracurricular activity sites; and any other location where direct contact between an employee or volunteer and a child has allegedly occurred.

In any case where an oral or written allegation is made to a teacher, school nurse, school counselor, school psychologist, school social worker, school administrator, Board member, or other school personnel required to hold a teaching or administrative license or certificate, as well as a licensed and registered physical therapist, licensed and registered occupational therapist, licensed and registered speech-language pathologist, teacher aide or school resource officer that a child has been subjected to child abuse by an employee or volunteer in an educational setting, that person will upon receipt of the allegation:

1. Promptly complete a written report of the allegation including the full name of the child alleged to be abused; the name of the child's parent; the identity of the person making the allegation and their relationship to the alleged child victim; the name of the employee or volunteer against whom the allegation was made; and a listing of the specific allegations of child abuse in an educational setting. This written report will be completed on a form prescribed by the Commissioner of Education.
    
2. Except where the school administrator is the person receiving the oral or written allegation, the employee completing the written report must promptly personally deliver a copy of that written report to the school administrator of the school in which the child abuse allegedly occurred. The school administrator will then promptly inform the Superintendent or their designee. 

In any case where an oral or written allegation is made to a school bus driver employed by a person or entity that contracts with the District to provide transportation services to children that a child has been subjected to child abuse by an employee or volunteer in an educational setting, that school bus driver will upon receipt of the allegation, promptly report or cause a report to be made to their supervisor employed by the contracting person or entity.

In any case where an oral or written report or allegation is made to a supervisor who is employed by a person or entity that contracts with the District to provide transportation services to children from a person employed by the contracted person or entity that a child has been subjected to child abuse by an employee or volunteer in an educational setting, the supervisor must, upon receipt of an allegation:

1. Promptly complete a written report of the allegation including the full name of the child alleged to be abused; the name of the child's parent or guardian; the identity of the person making the allegation and their relationship to the alleged child victim; the name of the employee or volunteer against whom the allegation was made; and a listing of the specific allegations of child abuse in an educational setting. This report must be completed on a form prescribed by the Commissioner.
    
2. Ensure that the written report is personally delivered to the Superintendent employed by the school district where the child abuse occurred or, for a school other than a school district or public school, the school administrator employed by the school where the child abuse occurred.

In any case where it is alleged a child was abused by an employee or volunteer of a school other than a school within the District, the report of these allegations will be promptly forwarded to the Superintendent of the District and the Superintendent of the school district where the abuse of the child allegedly occurred. If a case involves a school that is not a school district or public school, the appropriate school administrator or administrators, in addition to any appropriate Superintendent, must be notified of the allegations of abuse.

If it is alleged the child was abused by the Superintendent or administrator, the report of the allegations will be made to another designated administrator.

Any employee, volunteer, or supervisor who is employed by a person or entity that contracts with the District to provide transportation services to children who reasonably and in good faith makes a report of allegations of child abuse in an educational setting in accordance with the reporting requirements of the law will have immunity from civil liability which might otherwise result by reason of those actions.

Upon receipt of a written report alleging child abuse in an educational setting, a school administrator or the Superintendent must then determine whether there is reasonable suspicion to believe that an act of child abuse has occurred. Where there has been a determination as to the existence of reasonable suspicion, the school administrator or Superintendent must follow the procedures mandated in law and further described in administrative regulations including parental notification. When the school administrator receives a written report, they must promptly provide a copy of the report to the Superintendent.and promptly forward the report to appropriate law enforcement. In no event will reporting to law enforcement be delayed by an inability to contact the Superintendent.

Where the Superintendent or, in a school other than a school district or public school, the school administrator has forwarded a written report of child abuse in an educational setting to law enforcement authorities, the Superintendent will also refer the report to the Commissioner if the employee or volunteer alleged to have committed an act of child abuse holds a certification or license issued by the State Education Department.

Any school administrator or Superintendent who reasonably and in good faith makes a report of allegations of child abuse in an educational setting, or reasonably and in good faith transmits a report to a person or agency as required by law, will have immunity from civil liability which might otherwise result by reason of those actions.

Reports and other written material submitted in accordance with law with regard to allegations of child abuse in an educational setting, and photographs taken concerning those reports that are in the possession of any person legally authorized to receive that information, will be confidential and will not be redisclosed except to law enforcement authorities involved in an investigation of child abuse in an educational setting or as expressly authorized by law or in accordance with a court-ordered subpoena. School administrators and the Superintendent will exercise reasonable care in preventing unauthorized disclosure.

Additionally, teachers and all other school officials will be provided an annual written explanation concerning the reporting of child abuse in an educational setting, including the immunity provisions as set forth in law. The Commissioner will furnish the District with required information, including rules and regulations for training necessary to implement District and staff responsibilities under the law.

All persons employed by the District, in titles equivalent to teacher or administrator, and any school bus drivers employed by a person or entity that contracts with the District to provide transportation services to children, are required to complete coursework or training regarding the identification and reporting of child abuse and maltreatment in accordance with law and Commissioner's regulations.

Prohibition of "Silent" (Unreported) Resignations

The Superintendent and other school administrators are prohibited from withholding from law enforcement authorities, the Superintendent, or the Commissioner, as appropriate, information concerning allegations of child abuse in an educational setting against an employee or volunteer in exchange for that individual's resignation or voluntary suspension from his or her position.

The Superintendent or other school administrator who reasonably and in good faith reports to law enforcement officials information regarding allegations of child abuse or a resignation as required by law will have immunity from any liability, civil or criminal, which might otherwise result by reason of those actions.

Prohibition on Aiding and Abetting Sexual Abuse

Unless exempted by law, no District employee, contractor, or agent of the District will assist another District employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative and personnel files, if the individual or agency knows or has probable cause to believe, that the individual engaged in sexual misconduct regarding a minor or student in violation of the law.

Also Reference:

• 6180: Staff-Student Relations (Fraternization)

Refer to:

• Education Law Article 23-B and §§ 409-1, 902(b), 3028-b, and 3209-a
• Family Court Act § 1012
• Labor Law § 7401)(e)
• Penal Law Articles 130, 235, and 263
• Social Services Law §§ 411-428
• 8 NYCRR Part 83,  § 100.2(nn)
• 20 USC § 7926 

Timeout/Physical Restraint and Use of Behavioral Interventions and Supports: Board of Education Policy 7350

In accordance with New York State law, the District prohibits the use of corporal punishment, aversive interventions, and seclusion. The limited use of timeout and physical restraint in schools to address student behaviors is authorized, subject to the conditions imposed by law, regulation, and this policy.

Definitions

For purposes of this policy, the following definitions apply:

1. "Aversive intervention" means an intervention that is intended to induce pain or discomfort for the purpose of eliminating or reducing student behavior, including interventions such as:

1. Contingent application of noxious, painful, intrusive stimuli or activities;
2. Strangling, shoving, deep muscle squeezes, or other similar stimuli;
3. Any form of noxious, painful, or intrusive spray, inhalant, or tastes;
4. Contingent food programs that include the denial or delay of the provision of meals or intentionally altering staple food or drink in order to make it distasteful;
5. Movement limitation used as a punishment, including, but not limited to, helmets and mechanical restraints; or
6. Other stimuli or actions similar to the interventions described in this definition.

Aversive intervention does not include interventions such as: voice control, limited to loud, firm commands; time-limited ignoring of a specific behavior; token fines as part of a token economy system; brief physical prompts to interrupt or prevent a specific behavior; interventions medically necessary for the treatment or protection of the student; or other similar interventions.

2. "Corporal punishment" means any act of physical force upon a student for the purpose of punishing that student. The term does not include the use of physical restraints to protect the student, another student, teacher, or any other person from physical injury when alternative procedures and methods not involving the use physical restraint cannot reasonably be employed to achieve these purposes.

100. "De-escalation" means the use of a behavior management technique that helps a student increase control over their emotions and behavior and results in a reduction of a present or potential level of danger to the student or others.

500. "Mechanical restraint" means the use of any device or equipment to restrict a student's freedom of movement. Mechanical restraint does not include devices implemented by trained school personnel, or utilized by a student, that have been prescribed by an appropriate medical or related services professional and are used for the specific and approved purposes for which such devices were designed, such as:

1. Adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports;
2. Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle;
3. Restraints for medical immobilization; or
4. Orthopedically prescribed devices that permit a student to participate in activities without risk of harm.

5. "Multi-tiered system of supports" means a proactive and preventative framework that utilizes data to inform instruction and the allocation of services to maximize achievement for all students and support students' social, emotional, and behavioral needs from a culturally responsive and strength-based perspective.

6. "Physical escort" means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a student who is acting out to walk to a safe location.

7. "Physical restraint" means a personal restriction that immobilizes or reduces the ability of a student to move their arms, legs, body, or head freely. Physical restraint does not include a physical escort or brief physical contact and/or redirection to promote student safety, calm or comfort a student, prompt or guide a student when teaching a skill or assisting a student in completing a task, or for other similar purposes.

8. "Prone restraint" means physical or mechanical restraint while the student is in the face down position.

1. "Seclusion" means the involuntary confinement of a student alone in a room or space that they are physically prevented from leaving or they may perceive that they cannot leave at will. Seclusion does not include timeout.

10. "Timeout" means a behavior management technique that involves the monitored separation of a student in a non-locked setting and is implemented for the purpose of de-escalating, regaining control, and preparing the student to meet expectations to return to their education program. Timeout does not include:

1. A student-initiated or student-requested break to utilize coping skills, sensory input, or self-regulation strategies;

2. Use of a room or space containing coping tools or activities to assist a student to calm and self-regulate, or the use of such intervention strategies consistent with a student with a disability's behavioral intervention plan;

3. A teacher removal, in-school suspension, or any other appropriate disciplinary action.

Teachers, administrators, officers, employees, and/or agents of the District are prohibited from using any of the following against a student:

1. Corporal punishment;

2. Aversive interventions; or

100. Seclusion.

Agents of the District include, but are not limited to, school resource officers, except when a student is under arrest and handcuffs are necessary for the safety of the student and others. If not effecting an arrest, school resources officers must comply with the same rules under this policy as all other employees and/or agents of the District, including the prohibition against using corporal punishment, seclusion, aversive interventions, and/or mechanical restraints.

Authorized Limited Use of Timeout and Physical Restraint

The District will use positive, proactive, evidence-based, and research-based strategies through a multi-tiered system of supports to reduce the occurrence of challenging behaviors, eliminate the need for the use of timeout and physical restraint, and improve school climate and the safety of all students.

Further, timeout and physical restraints will not be used as discipline or punishment, retaliation, or as a substitute for positive, proactive intervention strategies that are designed to change, replace, modify, or eliminate a targeted behavior.

Timeout and physical restraint may be used only when:

a) Other less restrictive and intrusive interventions and de-escalation techniques would not prevent imminent danger of serious physical harm to the student or others;

b) There is no known medical contraindication to its use on the student; and

c) Staff using the interventions have been trained in its safe and appropriate application.

Timeout

The following rules shall also apply to the use of timeout in the District:

1. Timeout may only be used under the following circumstances:

• In a situation that poses an immediate concern for the physical safety of the student or others; or
• In conjunction with a behavioral intervention plan (“BIP”) that is designed to teach and reinforce alternative appropriate behaviors.

2. Staff must return the student to their educational program as soon as the student has safely deescalated, regained control, and is prepared to meet expectations.

c)  A room or physical space used for timeout may be located either within or outside of a classroom. The room or physical space must:

• Be unlocked, and any door must be able to be opened from the inside. The use of locked rooms or physical spaces is prohibited.
• Provide a means for continuous visual and auditory monitoring of the student. The use of a room where the student cannot be continuously observed and supervised is prohibited.
• Be of adequate width, length, and height to allow the student to move about and recline comfortably.
• Be clean and free of objects and fixtures that could be potentially dangerous to a student.
•  Meet all local fire and safety codes.
• Have wall and floor coverings that, to the extent practicable, are designed to prevent injury to the student.
• Have adequate lighting and ventilation.
• Have a temperature that is within the normal comfort range and consistent with the rest of the building.

500. When a student is in a timeout room or space, staff must continuously monitor the student.

5. Any staff functioning as timeout monitors must be trained in accordance with applicable law and regulation.

 Factors which may precipitate the use of timeout include, but are not necessarily limited to:

1. the student is or is becoming physically aggressive toward others (e.g., staff and other students); or
2. the student is engaging in elopement behavior(s) that is likely to place the student or others at risk of harm;
3. the student is engaging in other behavior(s) that poses an immediate risk of harm to the student or others (i.e., poses an immediate concern for the physical safety of the student or others); and
4. the use of other less-restrictive intervention strategies have been or would be unsuccessful.

Time limitations

The amount of time a student may spend in timeout will vary depending on the student’s circumstances, including, but not limited to, the student's age, grade, and development level, individual needs, and BIP (as appropriate).  Students will spend only as much time in timeout as is necessary for them to de escalate, regain control, return to their educational programs, or no longer pose a concern for the physical safety of themselves or others.

Timeout for students with disabilities that are utilized pursuant to their behavior intervention plans will not be more than the maximum amount of time specified in the student’s BIP.

Students with Behavioral Intervention Plans

The following additional rules apply to the use of timeout in conjunction with a behavioral intervention plan:

1. The District will ensure that timeout is used consistent with the rules for the use of timeout listed above.

2. The student's individualized education program (IEP) will specify when a behavioral intervention plan includes the use of timeout, including the maximum amount of time a student will need to be in timeout as a behavioral consequence as determined on an individual basis in consideration of the student's age and individual needs.

100. Prior to the initiation of a behavioral intervention plan that will incorporate the use of timeout, the District will inform the student's parents or persons in parental relation and give them the opportunity to see the room or physical space that will be used.

500. Prior to the initiation of a behavioral intervention plan that will incorporate the use of timeout, the District will give the student's parents or persons in parental relation a copy of this policy.

Physical Restraint

The following rules shall also apply to the use of physical restraint in the District:

1. Physical restraint will only be used in a situation in which immediate intervention involving the use of reasonable physical force is necessary to prevent imminent danger of serious physical harm to the student or others.

2. The type of physical restraint used will be the least restrictive technique necessary and be discontinued as soon as the imminent danger of serious physical harm has resolved.

100. Physical restraint will never be used in a manner that restricts the student's ability to breathe or communicate or harms the student.

500. The use of prone restraint is prohibited.

5. Physical restraint cannot be used as a planned intervention on a student's individualized education program, Section 504 accommodation plan, behavioral intervention plan, or other plan developed for a student by the District.

6. Physical restraint will not be used to prevent property damage except in situations where there is imminent danger of serious physical harm to the student or others and the student has not responded to positive, proactive intervention strategies.

7. Physical restraints may be administered only by staff who have received the legally required training.

8. Following a physical restraint, if an injury has been sustained or believed to have been sustained, the school nurse or other medical personnel (i.e., physician, physician assistant, or a nurse practitioner) will evaluate the student to determine and document if any injuries were sustained during the incident.

Factors which may precipitate the use of physical restraint include, but are not necessarily limited to:

1.  the student is or is becoming physically aggressive toward others (e.g., staff and other students);
2.  the student is engaging in elopement behavior(s) that is likely to place the student or others at risk of harm (i.e., imminent danger of serious physical harm);
3. the student is destroying property in a manner that poses an imminent risk of danger of serious physical harm to his/herself or others; or
4. the student is engaging in other behavior(s) that poses an immediate risk of serious physical harm to the student or others; and
5.  the use of other less-restrictive intervention strategies have been or would be unsuccessful

Time limitation

Physical restraints must only be employed for the minimum time necessary. Students will remain in a physical restraint only while the imminent danger of serious physical harm to the student or others persists. 

Notification Following the Use of Timeout or Physical Restraint

Parent(s) or person(s) in parental relation to the student must be notified on the same day when timeout or physical restraint including a timeout used in conjunction with a student's behavioral intervention plan. The notification will offer the parent or person in parental relation the opportunity to meet regarding the incident. Additionally, the District will provide the parent or person in parental relation with:

1. A copy of this policy; and

2. A copy of the documentation of the incident within three school days of the use of timeout and/or physical restraint.

When the student's parent or person in parental relation cannot be contacted, after reasonable attempts are made, the building principal or administrator will record the attempts. For students with disabilities, the building principal or administrator will report the attempts to the student's committee on preschool special education or committee on special education.

Parent reports of alleged inappropriate use of a timeout and/or physical restraint should be directed to their child’s respective building Principal.

Debriefing

As soon as practicable, after every incident in which a timeout and/or a physical restraint is used on a student, a building administrator or designee will:

1. Meet with the staff who participated in the use of timeout and/or physical restraint to discuss:

2. The circumstances leading to the use of timeout and/or physical restraint;

3. The positive, proactive intervention strategies that were utilized prior to the use of timeout and/or physical restraint; and

4. Planning for the prevention and reduction of the future need for timeout and/or physical restraint with the student including, if applicable, whether a referral should be made for special education programs and/or other support services or, for a student with a disability, whether a referral for review of the student's individualized education program and/or behavioral intervention plan is needed; and

5. Direct a school staff member to debrief the incident with the student in a manner appropriate to the student's age and developmental ability and to discuss the behavior(s), if any, that precipitated the use of timeout and/or physical restraint.

Training

All staff will receive annual training on 

(1) the District's policies and procedures related to the use of timeout and physical restraint; (2) evidence-based positive, proactive strategies; and (3) crisis intervention and prevention procedures and de-escalation techniques.

Additionally, any staff who may be called upon to implement timeouts or physical restraints will receive annual, evidence-based training in safe and effective developmentally appropriate timeout and physical restraint procedures.

Recordkeeping

The District will maintain documentation on the use of timeout and/or physical restraint, including timeout used in conjunction with a student's behavioral intervention plan, for each student. This documentation will include:

1. The name and date of birth of the student;

2. The setting and location of the incident;

100. The name of the staff who participated in the implementation, monitoring, and supervision of the use of timeout and/or physical restraint and any other persons involved;

500. A description of the incident including duration, and, for physical restraint, the type of restraint used;

5. Whether the student has an individualized education program, Section 504 accommodation plan, behavioral intervention plan, or other plan developed for the student by the District;

6. A list of all positive, proactive intervention strategies utilized prior to the use of timeout and/or physical restraint and, for students with disabilities, whether those strategies were consistent with a student's behavioral intervention plan, if applicable;

7. The details of any injuries sustained by the student or staff during the incident and whether the student was evaluated by the school nurse or other medical personnel;

8. The date and method of notification to the parent or person in parental relation and whether a meeting was held; and

1. The date of the debriefing.

Incidents will be documented using the form provided by the District. Documentation of incidents will be reviewed by supervisory personnel and, as necessary, the school nurse or other medical personnel. Documentation will also be maintained by the school and made available for review by the New York State Education Department upon request.

Documentation Review

The building administrator or designee will regularly review documentation on the use of timeout and physical restraint to ensure compliance with the District's policy and procedures. When there are multiple incidents within the same classroom or involving the same staff, the building administrator or designee will take appropriate steps to address the frequency and pattern of use of timeout or physical restraint.

Notification of Policy

This policy shall be made available for review at the District's Central Office and in each school building in the District.

See also:

Education Law Section 4402

8 NYCRR Sections 19.5; 100.2(l),(3); 200.1; 200.4; 200.22 and 201.3

NYS Legislation

• Always swim with someone else and keep an eye on each other. 
• Pay extra attention to your children around water.
• Consider your health. Medical conditions like a seizure disorder or heart condition can put people at greater risk of drowning.
• Avoid water that is greater than chest deep if you can’t swim.
• Don’t use alcohol or drugs if you plan to swim.
• Don’t dive into water less than eight feet deep or of unknown depth.
• Pay attention to the weather and never swim during storms or lightning.
• The safest place to swim is at a public beach or at a pool with lifeguards.

Know the Signs of Drowning

Each year, hundreds of New Yorkers drown. It can happen to anyone, anywhere there is water. Drowning occurs quickly and silently. Someone drowning may appear to be splashing or waving when they are struggling to stay afloat. Reduce your risk

• Learn basic swimming skills.
• Consider taking a CPR class. Rescue breathing, first aid, and calling 911 could save a life.

Tips for Everyone

Keep Kids Safe

Kids and teens have the greatest risk of drowning. Always keep little ones within arm’s reach, even in the shallow end. Lifeguards and life jackets don’t take the place of close adult supervision. Make sure your pool has a secure enclosure that makes it inaccessible to children.

Stay Healthy

Germs can spread through water. Avoid getting sick by not swallowing water, and rinsing off before and after you swim. Never swim in cloudy or discolored water. Stay out of the water if you are sick with diarrhea, or if you have open cuts or wounds. Don’t pee or poop in the water. Take children on frequent bathroom breaks.

When Boating

Always follow safe boating practices and wear a U.S. Coast Guard-approved (I-III label) life jacket. Air-filled swimming aids, like water wings and floats, should never be used.

More Information Visit the NYS Swim Safe site

 

NYS Safe Swimming Tips memo

Title IX and Sex Discrimination: BOE Policy 3241

Adopted: May 27, 2025

 

Title IX and Sex Discrimination
 

As required by Title IX of the Education Amendments of 1972, the District does not discriminate on the basis of sex in its education programs and activities, admissions or when making employment decisions.

 

Scope and Application of Policy and Questions Related to Application

 

This policy is limited to addressing complaints of sex discrimination, including formal complaints of sexual harassment, as expressly defined by Title IX. This policy applies to any individual participating in or attempting to participate in the District's education programs or activities including students and employees.

 

If the allegations forming the basis of a formal complaint of sexual harassment, if proven, would constitute prohibited sexual harassment under Title IX, then the grievance process outlined in this policy will apply to the investigation and adjudication of the allegations.  If the allegations would not constitute sexual harassment under Title IX or no formal complaint is filed, the District will follow other policies and protocols, as applicable, in addressing the concerns, such as: 

 

• #3420 - Non-Discrimination and Anti-Harassment In The School District
• #6120 - Equal Employment Opportunity
• #6121 – Sexual Harassment in the Workplace
• #7550 – Student Harassment and Bullying Prevention and Intervention
• The District's Code of Conduct, Character and Support

 

Inquiries about this policy or the application of Title IX may be directed to the District's Title IX Coordinator(s), the Assistant Secretary for Civil Rights of the United States Department of Education, or both.

 

What Constitutes Sex Discrimination Including Sexual Harassment

 

Title IX prohibits various types of sex discrimination including, but not limited to:  sexual harassment; the failure to provide equal athletic opportunity; sex-based discrimination in a District's science, technology, engineering, and math (STEM) courses and programs; and discrimination based on pregnancy. 

 

Under Title IX, sexual harassment includes conduct on the basis of sex that satisfies one or more of the following:

 

1. An employee of the District conditioning the provision of an aid, benefit, or service of the District on an individual's participation in unwelcome sexual conduct; 
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District's education program or activity; 

c) Sexual assault, meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;

d) Dating violence, meaning violence committed by a person:

1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and 

 

2. Where the existence of such a relationship will be determined based on a consideration of the following factors:

(a) The length of the relationship;

(b) The type of relationship;

(c) The frequency of interaction between the persons involved in the relationship; 

e) Domestic violence, meaning felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction; or

f) Stalking, meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

1. Fear for his or her safety or the safety of others; or 

2. Suffer substantial emotional distress.

 

Title IX Coordinator(s)

 

The District has designated and authorized the following District employee(s) to serve as its Title IX Coordinator(s): 

 

Assistant Superintendent for Human Resources

 

Fairport Central School District

38 W. Church Street

Fairport, NY 14526

(585) 421-2015

 

The Title IX Coordinator(s), who must be referred to as such, will coordinate the District's efforts to comply with its responsibilities under Title IX. However, the responsibilities of the Title IX Coordinator(s) may be delegated to other personnel. 

 

Where appropriate, the Title IX Coordinator(s) may seek the assistance of the District’s Civil Rights Compliance Officer(s) (CRCO(s)) and/or Dignity Act Coordinator(s) (DAC(s)) in investigating, responding to, and remedying complaints of sex discrimination, including sexual harassment. 

 

Reporting Allegations of Sex Discrimination and Formal Complaints of Sexual Harassment

 

Any person may report sex discrimination, including sexual harassment, regardless of whether or not he/she is the alleged victim. Reports may be made in person, by using the contact information for the Title IX Coordinator(s), or by any other means that results in the Title IX Coordinator receiving the person’s oral or written report. This report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the Title IX Coordinator.

 

Reports of sex discrimination may also be made to any other District employee including a supervisor, building principal, or the District’s CRCO(s). All reports of sex discrimination, including sexual harassment, will be forwarded to a District Title IX Coordinator. Reports may also be forwarded to other District employees, in accordance with applicable Board policies and/or the Code of Conduct, depending on the nature of the allegations. 

 

All District employees who witness or receive an oral or written report of sex discrimination or sexual harassment must promptly inform a CRCO or a Title IX Coordinator. Failure to promptly inform a CRCO or a Title IX Coordinator may subject the employee to discipline up to and including termination. 

 

Filing a Formal Complaint

 

An individual who is participating in or attempting to participate in the District’s education programs or activities (or their parent or legal guardian) may file a formal complaint of sexual harassment.

 

Making a report of sexual harassment is not the same as filing a formal complaint of sexual harassment.  A formal complaint is a document either filed by a complainant or a parent or legal guardian who has a right to act on behalf of the complainant or signed by the Title IX Coordinator, which alleges sexual harassment (as defined in this policy) against a respondent (i.e., alleged perpetrator of sexual harassment) and requests that the District investigate the allegations. 

 

The formal complaint form may be obtained from a District Title IX Coordinator or found on the District’s website.

 

While the District must respond to all reports it receives of sexual harassment. The Title IX grievance process set forth in this policy, however, is only applicable if a formal complaint of sexual harassment as defined by Title IX is filed.

 

A complainant may file a formal complaint with the Title IX Coordinator in person or by mail, email, or other method made available by the District. The filing of a formal complaint initiates the formal complaint grievance process set forth in this policy.

 

The complainant, or the complainant’s parent or legal guardian, must physically or digitally sign the formal complaint, or otherwise indicate that the complainant is the person filing the formal complaint.  Where a parent or legal guardian signs the complaint, the parent or legal guardian does not become the complainant; rather the parent or legal guardian acts on behalf of the complainant. The Title IX Coordinator may sign the formal complaint, but his or her signature does not make him or her a complainant or a party to the complaint. If the formal complaint is signed by the Title IX Coordinator, the Title IX Coordinator is still obligated to comply with the grievance process outlined in this policy. 

 

When a formal complaint is filed, the Title IX Coordinator must send a written notice of allegations to all parties, which includes the identities of all known parties.

 

If a Title IX Coordinator is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another Title IX Coordinator, if the District has designated another individual to serve in that capacity. If the District has not designated another Title IX Coordinator, the Superintendent will verify that another person with the appropriate training and qualifications is appointed to act as the Title IX Coordinator.

 

The District will not discriminate on the basis of sex in its treatment of a complainant or a respondent in responding to a formal complaint of sexual harassment.

 

Grievance Process for Complaints or Concerns of Sex Discrimination and Harassment Other Than Formal Complaints of Sexual Harassment as Defined under Title IX Regulations

 

The District has adopted procedures that provide for the prompt and equitable resolution of complaints or concerns of sex discrimination and harassment other than formal complaints of sexual harassment as defined under Title IX regulations. In addressing any such complaints or concerns, the District will adhere to applicable policies and protocols, such as #3420 - Non-Discrimination and Anti-Harassment In The School District, #6120 - Equal Employment Opportunity, #6121 – Sexual Harassment in the Workplace, #7550 – Student Harassment and Bullying Prevention and Intervention, and the District's Code of Conduct, Character and Support, as applicable.  

 

The District will respond promptly in a manner that is not deliberately indifferent whenever it has actual knowledge of sexual harassment in an education program or activity of the District. “Actual knowledge" means notice of sexual harassment as defined under this policy or allegations of sexual harassment to a District Title IX Coordinator or any official of the District who has authority to institute corrective measures on behalf of the District, or to any District employee. Education program or activity includes locations, events, or circumstances over which the District exercised substantial control over both the respondent and the context in which the sexual harassment occurs.

 

Upon actual knowledge of sexual harassment as defined in this policy, a Title IX Coordinator must promptly contact complainant to discuss the availability of supportive measures, consider complainant’s wishes regarding such measures, inform complainant of the availability of such measures with or without the filing of a formal complaint, and explain to complainant the process for filing a formal complaint. 

 

Grievance Process for Formal Complaints of Sexual Harassment as Defined under Title IX Regulations

 

The District will follow a grievance process that complies with law and regulation before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.

 

The District will conduct the grievance process in a timely manner designed to provide all parties with a prompt and equitable resolution. It is anticipated that, in most cases, the grievance process will be conducted within a reasonably prompt manner and follow the time frames established in this policy.

 

General Requirements for the Investigative and Grievance Process

 

During the investigation of a formal complaint and throughout the grievance process, the District will verify that:

 

1. Complainants and respondents are treated equitably. This includes applying any provisions, rules, or practices incorporated into the District's grievance process, other than those required by law or regulation, equally to both parties.
2. All relevant evidence is objectively evaluated, including both inculpatory and exculpatory evidence. Inculpatory evidence implicates or tends to implicate an individual in a crime or wrongdoing. Exculpatory evidence frees or tends to free an individual from blame or accusation.
3. The Title IX Coordinator, investigator, decision-maker involved in the grievance process, or any person designated by the District to facilitate any informal resolution process does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.
4. Respondents are presumed not to be responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.
5. The grievance process, including any appeals or informal resolutions, is concluded within a reasonably prompt time frame and that the process is only temporarily delayed or extended for good cause. Good cause includes, but is not limited to, considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. Whenever the time frame is temporarily delayed or extended, written notice will be provided to all complainants and respondents of the delay or extension and the reasons for the action. 
6. The parties are made aware by copy of this policy or otherwise that the range of possible disciplinary sanctions and remedies that may be implemented by the District following any determination regarding responsibility are those set forth in the District’s Code of Conduct, Character and Support and/or are in accordance with New York Education Law Section 3214.
7. The preponderance of the evidence standard is used to determine responsibility in all formal complaints of sexual harassment as defined in this policy.
8. The procedures and permissible bases for an appeal are known to all complainants and respondents by receiving a copy of this policy or otherwise.
9. The range of supportive measures available are known to all parties by copy of this policy or otherwise.  “Supportive measures” means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. These measures are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring of certain areas, and other similar measures. The District must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.
10. There is no requirement, allowance of, reliance on, or otherwise use of questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding the privilege has waived the privilege.
11. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the District and not on the parties.
12. The Title IX Coordinator, the investigator, any decision-maker, or any other person participating on behalf the District does not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional's capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the District obtains that party’s voluntary, written consent to do so for the grievance process. If the party is not an eligible student, as defined in FERPA as a student who has reached 18 years of age or is attending a post-secondary institution, the District will obtain the voluntary, written consent of a parent (as defined by FERPA regulations).
13. The parties have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
14. Credibility determinations are not be based on a person’s status as a complainant, respondent, or witness.
15. The ability of either party to discuss the allegations under investigation or to gather and present relevant evidence is not restricted.
16. The parties are provided with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for any complainant or respondent in any meeting or grievance proceeding. However, the District may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.
17. Written notice of the date, time, location, participants, and purpose of all investigative interviews or other meetings is provided to any party whose participation is invited or expected with sufficient time for the party to prepare to participate.
18. The parties are provided with equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the District does not intend to rely on in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. 
19. Any document sent to a minor or legally incompetent person is also sent to the party’s parent or legal guardian.
20. Any document sent to a party is also sent to the party’s advisor, if known.
21. Prior to completion of the investigative report, the District will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The parties will have at least 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report.

 

After a Report of Sexual Harassment Has Been Made

 

After receiving a report of sexual harassment, the Title IX Coordinator will:

 

a) Promptly contact the complainant to discuss and offer supportive measures; 

b) Inform the complainant both of the range of supportive measures available and that these measures are available regardless of whether a formal complaint is filed; 

c) Consider the complainant’s wishes with respect to supportive measures; and

d) Explain to the complainant the process for filing a formal complaint.

 

The Title IX Coordinator may also contact the respondent to discuss and/or impose supportive measures.

 

Emergency Removal and Administrative Leave 

 

At any point after receiving a report or formal complaint of sexual harassment, the District may immediately remove a respondent from the District’s education program or activity on an emergency basis, provided that the District:

 

a) Undertakes an individualized safety and risk analysis;

b) Determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal; and

c) Provides the respondent with notice and an opportunity to challenge the decision immediately following the removal.

 

The District should coordinate its Title IX compliance efforts with special education staff when initiating an emergency removal of a student with a disability from an education program or activity, as the removal could constitute a change of placement under the IDEA or Section 504.  Any removal must also comply with New York Education Law Section 3214 requirements.   

 

The District may place a non-student employee respondent on administrative leave with or without pay during the pendency of the grievance process in accordance with law and regulation and any applicable District policy, procedure, or collective bargaining agreement.

 

Written Notice of Allegations 

 

Upon receipt of a formal complaint, the District will send all known parties written notice of:

 

a) The District's grievance process (as set forth in this policy), including any informal resolution process; and 

b) The allegations of sexual harassment, which will:

1. Provide sufficient details known at the time and sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known;

2. State that the respondent is presumed not to be responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;

3. Inform the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney;

4. Inform the parties that they may inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint; and

5. Include notice of any provision in any applicable District policy, procedure, collective bargaining agreement, or other document, such as the District's Code of Conduct, Character and Support, that prohibits knowingly making false statements or knowingly submitting false information during the grievance process. 

 

If, in the course of an investigation, the District decides to investigate allegations about any complainant or respondent that were not included in the initial notice, the District will provide another notice of the additional allegations to the parties whose identities are known.

 

Investigation of a Formal Complaint

 

A Title IX Coordinator will generally oversee the District’s investigation of all formal complaints of sexual harassment, as defined by this policy. During the investigation of a formal complaint, the Title IX Coordinator or another District employee may serve as the District’s investigator. The District may also outsource all or part of an investigation to an appropriate third party or parties, in accordance with legal requirements.

 

It is anticipated that most investigations will be completed within 30 to 60 days after receiving a formal complaint of sexual harassment as defined under this policy.  This timeframe may vary, depending on factors, such as the number of witnesses and the evidence to be considered, but all investigations will be promptly completed.    

 

During the investigation of a formal complaint, the investigator will:

 

a) Collect, review, and preserve all evidence including, but not limited to, any relevant documents, videos, electronic communications, and phone records.

b) Interview relevant persons.

c) Create an investigative report that fairly summarizes relevant evidence.  At least 10 days prior to a determination regarding responsibility, the investigative report will be sent to each party and the party’s advisor, if any, in an electronic format or a hard copy, for their review and written response.

4. Prior to completion of the investigative report, the District will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The parties will have at least 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report.
5. Keep any written documentation and associated documents in a secure and confidential location. 

 

Determination Regarding Responsibility 

 

At least 10 days prior to a determination regarding responsibility, the investigative report will be sent to each party and the party’s advisor, if any, in an electronic format or a hard copy, for their review and written response.

 

The District will designate an individual decision-maker or a panel of decision-makers to issue a written determination regarding responsibility. The decision-maker will not be the same individual as either the Title IX Coordinator or the investigator(s).

 

Before reaching a determination regarding responsibility, the decision-maker(s) will afford each party the opportunity to:

 

a) Submit written, relevant questions that a party wants asked of any party or witness within 5 days after the parties have received the investigative report; 

b) Generally provide each party with the answers given by any party or witness within 7 days of receiving the questions; and 

c) Allow for additional, limited follow-up questions and responses from each party to occur within 5 days after the parties have received responses to their initial questions. 

 

Questions and evidence about a complainant’s sexual predisposition or prior sexual behavior will not be considered, unless the questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. The decision-maker(s) will explain to the party proposing the questions any decision to exclude a question as not relevant.

 

The decision-maker(s) will generally issue a written determination regarding responsibility to the Title IX Coordinator, the Superintendent, and all parties simultaneously within 10 days after all follow-up questions have been responded to. 

 

To reach this determination, the decision-maker(s) will use the preponderance of the evidence standard, which is the standard of evidence that will be applied in all formal complaints of sexual harassment. This standard is understood to mean that the party with the burden of persuasion must prove that a proposition is more probably true than false meaning a probability of truth greater than 50 percent. 

 

The written notice of the determination regarding responsibility will include:

 

a) Identification of the allegations potentially constituting sexual harassment; 

b) A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, and methods used to gather other evidence;

c) Findings of fact supporting the determination;

d) Conclusions regarding the application of any applicable District policy, procedure, collective bargaining agreement, or other document such as the District's Code of Conduct, Character and Support, to the facts; 

e) A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the District is imposing on the respondent, and whether remedies designed to restore or preserve equal access to the District’s education program or activity will be provided by the District to the complainant; and

f) The District’s procedures and permissible bases for the complainant and respondent to appeal.

 

Finality of Determination Regarding Responsibility

 

The determination regarding responsibility becomes final either on the date that the District provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

 

Where a determination regarding responsibility for sexual harassment has been made against the respondent, remedies will be provided to a complainant and disciplinary sanctions may be imposed on a respondent. Remedies will be designed to restore or preserve equal access to the District's education program or activity. Remedies and disciplinary sanctions will be implemented in accordance with applicable laws and regulations, as well as any District policy, procedure, collective bargaining agreement, or other document such as the District's Code of Conduct, Character and Support. The Title IX Coordinator is responsible for the effective implementation of any remedies and/or disciplinary sanctions. The Title IX Coordinator will work with other individuals as necessary to effectively implement remedies and/or disciplinary sanctions. 

 

Appeals 

 

Either party may file an appeal from a determination regarding responsibility or from the District’s dismissal of a formal complaint or any of its allegations. Appeals must be submitted in writing to the Title IX Coordinator within 20 days of the written notice of the determination regarding responsibility or dismissal of the formal complaint or any of its allegations. 

 

An appeal may only be based upon one or more of the following bases:

 

a) Procedural irregularity that affected the outcome of the matter;

b) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; or

c) The Title IX Coordinator, investigator, or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

 

The bases on which a party is seeking an appeal must be specifically stated in the party’s written appeal.

 

Upon receipt of an appeal, the District will:

 

1. Notify the other party in writing that an appeal has been filed and implement appeal procedures equally for both parties;
2. Verify that any decision-maker for the appeal:
   1. Is not the same person as any decision-maker that reached the initial determination regarding responsibility or dismissal, investigator, or Title IX Coordinator;
   2. Does not have any conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent;
3. Give all parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. Parties will have to submit these written statements within 10 days after the parties have been notified of the appeal; 
4. Issue a written decision describing the result of the appeal and the rationale for the result; and
5. Generally provide the written decision simultaneously to the parties within 20 days after receiving the parties written statements in support of, or challenging, the outcome. 

 

Dismissal of a Formal Complaint

 

The District must dismiss a formal complaint under Title IX if the conduct alleged:

 

a) Would not constitute sexual harassment under the Title IX regulations even if proven;

b) Did not occur in the District's education program or activity; or

c) Did not occur against a person in the United States.

 

Further, the District may dismiss a formal complaint or any of its allegations under Title IX, if at any time during the investigation:

 

a) A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any of its allegations;

b) The respondent is no longer enrolled in or employed by the District; or

c) Specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or any of its allegations.

 

Upon a dismissal of a formal complaint, the District must promptly send written notice of the dismissal and reason(s) for the dismissal simultaneously to the parties.

 

The dismissal of a formal complaint under Title IX does not preclude investigation and/or related follow-up or corrective or remedial action under another related District policy, procedure, collective bargaining agreement, or other document such as the District's Code of Conduct, Character and Support.  

 

Informal Resolutions

 

Before reaching a determination regarding responsibility, but only after a formal complaint is filed, the District may in its discretion offer and facilitate the use of an informal resolution process, such as mediation, that does not involve a full investigation and adjudication of the formal complaint.

 

Informal resolutions will generally be completed within 30 days, absent extraordinary circumstances.

 

The District will not require that parties participate in an informal resolution process. The District will not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student. Further, the District will not require the waiver of the right to an investigation and adjudication of formal complaints of sexual harassment as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right.

 

If the District offers and facilitates the use of an informal resolution process, it will:

 

a) Provide written notice to all known parties which details:

1. The allegations in the formal complaint;

2. The requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint;

3. Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared; and

b) Obtain the parties’ voluntary, written consent to the informal resolution process.

 

Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)

 

The District prohibits retaliation against any individual for the purpose of interfering with his or her Title IX rights or because the individual made a report or complaint, testified, assisted, or participated or refused to participate in an investigation or proceeding under Title IX.  Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by title IX or this part, constitutes prohibited retaliation. 

 

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this part does not constitute retaliation prohibited under paragraph (a) of this section, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

 

Complaints alleging retaliation may be filed according to the grievance procedures for sex discrimination set forth in this policy.  If a Title IX Coordinator is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another Title IX Coordinator, if the District has designated another individual to serve in that capacity. If the District has not designated another Title IX Coordinator, the Superintendent will verify that another person with the appropriate training and qualifications is appointed to act as the Title IX Coordinator.  All complaints alleging retaliation will be handled in a manner consistent with the District's policies.

 

Confidentiality

 

Except where disclosure may be permitted or is required by law, regulation and/or this policy, the District will keep confidential the identity of any individual who has made a report or complaint of sex discrimination; individual who has made a report or filed a formal complaint of sexual harassment; complainant; individual who has been reported to be the perpetrator of sex discrimination; respondent; and witness.

 

Training

 

The District will verify that: 

a) All Title IX Coordinators, investigators, decision-makers, or persons who facilitate an informal resolution process receive training on:

1. The definition of sexual harassment as defined in Title IX;

2. The scope of the District's education program or activity;

3. How to conduct an investigation and grievance process including appeals and informal resolution processes, as applicable; and

4. How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

b) All decision-makers receive training on issues of relevance of questions and evidence, including when questions and evidence about a complainant's sexual predisposition or prior sexual behavior are not relevant.

c) All investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.

d) All District employees receive training on mandatory reporting obligations and any other responsibilities that they may have relative to Title IX.

 

Materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process will not rely on sex stereotypes and will promote impartial investigations and adjudications of formal complaints of sexual harassment. Training materials will be made publicly available on the District’s website.

 

Notification

 

The District will notify students, parents or legal guardians of students, employees, applicants for employment, and all unions or professional organizations holding collective bargaining or professional agreements with the District of this policy.

 

Further, the District will prominently publish this policy and the contact information for the Title IX Coordinator(s) on its website and in other publications, including in each handbook or catalog that it makes available to the individuals and parties referenced above.

 

Additional Documentation Requirements

 

In each instance, the District must document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the District’s education program or activity. If the District does not provide a complainant with supportive measures, then it must document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the District in the future from providing additional explanations or detailing additional measures taken.

 

Recordkeeping 

 

For a period of seven years, the District will retain the following:

 

1. Records of each sexual harassment investigation including any:
   1. Determination regarding responsibility;
   2. Disciplinary sanctions imposed on the respondent; and
   3. Remedies provided to the complainant designed to restore or preserve equal access to the District's education program or activity.
2. Any appeal and its result.
   1. Any informal resolution and its result.
   2. All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process.
3. Records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment or if no supportive measures were taken documentation regarding the reasons why such a response was not clearly unreasonable in light of the known circumstances. 
4. Document regarding the District’s basis for its conclusion that its response was not deliberately indifferent.
5. Documentation that the District has taken measures designed to restore or preserve equal access to the District's education program or activity. 

 

Also Reference:

• 3420: Non-Discrimination and Anti-Harassment in the District
• 6120: Equal Employment Opportunity 
• 6121: Sexual Harassment of District Personnel 
• 7549: Dignity for All Students
• The District’s Code of Conduct, Character and Support 

Refer to:

• 20 USC § 1092(f)(6)(A)(v)
• 20 USC § 1681, et. seq.
• 34 USC § 12291(a)(8, 10, and 30)
• 34 CFR Part 106
• Education Law § 13
• 8 NYCRR § 100.2(kk)

 

Anticipated Next Review: 2030

Diploma Or Credential Options For Students With Disabilities: BOE Policy 7222

Title: Diploma and/or Credential Options of Students with Disabilities 

Adopted: June 19, 2018

 

Diploma and/or Credential Options of Students with Disabilities
 

The District will provide students with disabilities appropriate opportunities to earn a diploma or non-diploma high school exiting credential in accordance with Commissioner's regulations. Students with disabilities may be eligible for one or more of the following:

 Diploma Options

 Including one or more of the following 

1. Regents Diplomas: with honors, an advanced designation, a career and technical education endorsement, and/or any other available designation or endorsement.
    
2. Local Diploma, as provided by relevant New York State law, including any available endorsement.

Existing Credentials Options

1. Career Development and Occupational Studies (CDOS) Commencement Credential, which may be earned as a supplement to a Regents or local diploma or as a student’s only exiting credential.
    
2. Skills and Achievement Commencement Credential. Specific requirements and detailed information for each diploma and non-diploma high school exiting credential are specified in the Commissioner's regulations and various guidance materials issued by the New York State Department of Education.

Graduation

The District allows any student with a disability to participate in the graduation ceremony of their high school graduating class and all related graduation activities if the student:

1. Met the eligibility criteria for a SA (Special Appeal) or CDOS commencement credential; or
    
2. Has not otherwise qualified to receive a Regents or local diploma; and
    
3. Has an IEP that prescribes special education, transition planning, transition services, or related services beyond the student's four academic years after entering high school.

The Superintendent will consider any recommendation of the student's Committee on Special Education as well as the student's own expressed preference regarding participation; a student with a disability may decline to participate in any or all graduation-related activities. The District will provide annual written notice of this policy to applicable students and their parents or guardians

Also Reference:

• 7220: Graduation Requirements/ Early Graduation/ Accelerated Programs
• 7221: Participation in Graduation Ceremonies
• 7641: Transition Services

Refer to:

• Education Law §§ 3202 and 4402
• 8 NYCRR §§ 100.1, 100.2, 100.5, and 100.6

 

Reviewed: January 15, 2019

Reviewed:  Winter 2024

Anticipated Next Review:  2029

 

 

 

Legal

Education Law §§ 3202 and 4402

8 NYCRR §§ 100.1, 100.2, 100.5, and 100.6

Cross References

#7220 -- Graduation Options/Early Graduation/ Accelerated

#7221 -- Participation in Graduation Ceremonies

#7641 -- Transition Services