2000 4510
Non-Instructional/Business
Operations
SUBJECT: FACILITIES PLANNING
The Board of Education is responsible for maintaining a quality education at a reasonable cost. For this reason, the Board shall concern itself with both short-range and long-range planning as it relates to the properties of the District. The Board shall rely on a comprehensive long-range facilities plan developed by the District Superintendent in accordance with the Commissioner’s Regulations to serve as a guide for capital improvements.
Such plan shall be reevaluated and made current at least annually, and shall include appraisal of the following:
The Board’s building/leasing program shall be designed to provide the highest quality education possible. The building/leasing program shall be based upon specific Board policies which have been and will continue to be modified to conform to changes in the curriculum, availability of funds, changes in student population to be served and changes in enrollments. The Board also feels that, whenever possible, parents/legal guardians and other school district representatives, as well as principals, teachers, and central office staff members should be involved in the planning process.
8 New York Code of Rules and Regulation (NYCRR)
Section 155.1
Education Law Section 1950
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2000 4511
Non-Instructional/Business
Operations
WFL/EB
SUBJECT: FACILITIES: INSPECTION, OPERATION AND MAINTENANCE
Operation and Maintenance
The District Superintendent is charged with the responsibility for administering plant operations in the most efficient and economical manner possible, while placing high priority on health and safety of students and staff and conservation of natural resources.
The Board of Cooperative Educational Services has the responsibility to provide equipment, supplies and contractual services of high quality.
The Board, through the District Superintendent and his/her staff, has the responsibility of protecting the BOCES investment in plant and facilities through a systematic maintenance program.
It is expected that the program shall include periodic preventive maintenance activities, long-range maintenance schedules and emergency repair procedures. It is further expected that all maintenance work will be carried out in a manner that will cause the least interference with the educational program.
Inspections
The administration of BOCES shall cooperate with officials conducting health, fire, asbestos, bus, and boiler inspections. The administration shall keep the Board informed of the results of such inspections in a timely fashion.
Fire Inspection: 8 New York Code of
Rules and Regulations (NYCRR) Section 155.4
Health Inspection: Education Law Section 906
Asbestos Inspection: Education Law, Article 9-A
40 Code of Federal Register (CFR) Part 763, Subpart E
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2000 4512
Non-Instructional/Business
Operations
SUBJECT: EVALUATING EXISTING BUILDINGS
All School District facilities will be evaluated annually to ensure that school building not only meet safety and building code requirements but also operate in such a manner as to achieve the desired educational programming and outcomes.
The District Superintendent or his/her designee will solicit input from building principals regarding facility changes and remodeling plans. Building principals, in turn, will seek staff input as they develop their recommendations. The District Superintendent shall present to the Board of Education, on an annual basis, an updated school facilities priority list reflecting major rehabilitation and remodeling requests.
Education Law Section 408, 409 and 1950
8 New York Code of Rules and Regulations (NYCRR)
Section 155.1
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2000 4513
Non-Instructional/Business
Operations
SUBJECT: SITE ACQUISITION
The District Superintendent, working with administrative staff and such other outside consultants as he/she may deem necessary, shall continuously monitor the availability of potential school sites within the District. Sites shall be large related activities. In determining the suitability of a site, reasonable consideration will be given to its educational adaptability, the environment, accessibility, and the initial and ultimate development costs.
Sites for the erection or enlargement of an educational facility shall comply with the requirements of, and be approved by the Commissioner, pursuant to Section 408(3) of the Education Law, and Article 1950 of the Education Law.
The Board will involve the BOCES Attorney in all stages leading to the acquisition of a school site.
8 New York Code of Rules and Regulations
(NYCRR) Section 155
Education Law Sections 401, 402, 408, 416,
1709(6), 1910, 1915 and 1950
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2000 4514
Non-Instructional/Business
Operations
SUBJECT: CLOSING OF FACILITIES
The Board of Education may find it necessary to consider closure and/or change of use of any school facility. At such time, the Board will seek professional advice and provide opportunities for staff and component district involvement.
The Board of Education shall appoint an advisory committee consisting of Board members, administrative staff, component district representatives, an architect(s) and/or other professionals qualified to evaluate facilities. The committee will provide an analysis as to the effect of the proposed school closure and will receive component district comment on any issues relating to such closure.
The committee’s summary shall be provided to the Board of Education and available for review prior to the presentation of such report at a regular Board meeting.
After all essential information has been obtained and evaluated by the Board, the Board will retain the final decision regarding the school closure.
Education Law Sections 1709 and 1805
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2000 4520
Non-Instructional/Business
Operations
WFL/EB
SUBJECT: OWNED OR LEASED VEHICLES POLICY
Wayne-Finger Lakes BOCES owned or leased vehicles may be made available for official travel by BOCES personnel upon approval of the District Superintendent or designee.
Alternatively, the District Superintendent or designee may approve reimbursement for travel for professional purposes in a private vehicle at a rate approved by the BOCES or through negotiated contract.
In no case is a BOCES owned vehicle to be approved for personal use unless authorized by the Board of Cooperative Educational Services.
The Board will be kept apprised yearly of the inventory and status of BOCES owned and/or leased vehicles.
Maintenance of a Vehicle Inventory
The Assistant Superintendent for Administration, through the Purchasing Agent, will keep an inventory of all BOCES owned vehicles for the purpose of making recommendations regarding the maintenance of vehicles; and replacement by sale or disposal.
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2000 4530
Non-Instructional/Business
Operations
WFL/EB
SUBJECT: SAFETY/SECURITY
The Board of Cooperative Educational Services hereby declares that it is the policy of this BOCES to provide a safe and secure environment to all those persons, students, staff and visitors, who lawfully enter upon BOCES property.
It shall be the responsibility of the District Superintendent to establish and carry out written regulations which will:
a) Identify those staff members who will be responsible for the effective administration of the regulations, required safety drills and inspections;
b) Provide staff time and other necessary resources for the effective administration of the regulations;
c) Establish periodic (at least annually) written review of the activities of the staff to insure compliance with applicable laws and regulations;
d) Provide an on-going mechanism for the effective review of safety and security concerns of the staff, students and affected public;
e) Provide for periodic reports to the Board (at least annually) regarding the significant aspects of safety and security of the Wayne-Finger Lakes BOCES .
Labor Law Section 27-a
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2000 4531
Non-Instructional/Business
Operations
SUBJECT: HAZARD COMMUNICATION STANDARD
The Board of Cooperative Educational Services recognizes the rights of all personnel to work in a healthy and safe environment which is as free as practicable from recognized hazards and risks to their safety. Therefore, all personnel shall be provided with applicable training to comply with the New York State "Right-to-Know" Law and the Hazard Communication Standard. The District Superintendent/designee shall maintain a current record of the social security numbers of every employee who handles toxic substances.
Rules and regulations will be developed to insure implementation of this policy which shall include awareness information, employee training and record keeping.
New York State Labor Law
12 New York Code of Rules and Regulations
(NYCRR) Part 820 Article 28
Occupational Safety and Health Administration (OSHA)
29 Code of Federal Regulations (CFR) 1910.1200
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2000 4532
Non-Instructional/Business
Operations
SUBJECT: EMERGENCY MANAGEMENT PLAN
To be prepared for an emergency or crisis in the BOCES and to insure a prompt, thoughtful response, the District Superintendent will prepare guidelines for the development of an Emergency Management Plan. The plan shall make provision for:
a) Shelter,
b) Evacuation,
c) Early dismissal,
d) Annual written notification to students and staff,
e) An annual drill, and
f) Coordination with local emergency preparedness coordinators.
An Emergency Planning Committee may be established to supervise the plan, and an Emergency Management Plan Coordinator may be appointed with responsibility for overall coordination and decision-making should an emergency occur.
The Board may create and sustain a control center in anticipation of an emergency. Further, a survey shall indicate the location of potential emergency sites on BOCES property as well as within the community itself.
8 New York Code of Rules and Regulations
(NYCRR) Section 155.13
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2000 4540
Non-Instructional/Business
Operations
WFL
SUBJECT: SMOKING/TOBACCO USE
It is the intent of this policy to regulate and enforce Chapter 565 of the Laws of 1994 and Public Health Law 1399-o of the State of New York as well as the Federal Public Law 103-227, which prohibits or limits smoking, including all forms of tobacco use, in all pre-school, elementary, secondary and vocational education buildings and on the outdoor grounds within the property boundaries.
All BOCES buildings in which pre-school, elementary school, high school, special education for ages 5-21, and vocational education for elementary or secondary students is provided are declared smoke-free. Tobacco consumption of any kind is hereby prohibited in those buildings, on the grounds of those buildings, and in any remote buildings on those grounds which are owned by, leased by or under the control of BOCES. Smoking areas external to these buildings may be designated for adults, those persons legally able to purchase tobacco products, during non-instructional hours. In addition, smoking or tobacco use is prohibited at all BOCES sponsored activities and events.
All BOCES buildings including all offices, workplaces and BOCES vehicles used to transport students are hereby declared smoke free.
Employees who work in a School District shall be governed by those rules, regulations, and policies as established by the separate boards of education.
This policy shall be posted in the workplace and copies may be obtained upon request by existing or prospective employees. Signs stating "Smoking Area" shall be prominently displayed. Enforcement of this policy shall be by the Administration of the BOCES and shall be consistent with board policy, administrative regulations, contractual obligations and student discipline policies and procedures.
Students and employees in need of assistance where this policy negatively affects their performance or participation are encouraged to seek enrollment in a "smoking cessation program."
Goals 2000: Educate America Act,
(Pro-Children Act of 1994)
Public Health Law Article 13-E
Education Law Sections 409 and 3020-a
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2000 4550
Non-Instructional/Business
Operations
SUBJECT: EXPOSURE CONTROL PROGRAM
The BOCES shall establish an exposure control program designed to prevent and control exposure to bloodborne pathogens. According to the New York State Department of Labor's Division of Safety and Health and OSHA standards, the program shall consist of:
a) Guidelines for maintaining a safe, healthy school environment to be followed by staff and students alike.
b) Written standard operating procedures for blood/body fluid clean-up.
c) Appropriate staff education/training.
d) Evaluation of training objectives.
e) Documentation of training and any incident of exposure to blood/body fluids.
f) A program of medical management to prevent or reduce the risk of pathogens, specifically hepatitis B and HIV.
g) Written procedures for the disposal of medical waste.
h) Provision of protective materials and equipment for all employees who perform job-related tasks involving exposure or potential exposure to blood, body fluids or tissues.
Occupational Safety and Health Administration (OSHA)
29 Code of Federal Regulations (CFR) 1910.1030
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2000 4560
Non-Instructional/Business
Operations
SUBJECT: RECORDS MANAGEMENT
A records management officer shall be designated by the District Superintendent, subject to the approval of the BOCES Board. Such records management officer shall coordinate the development of and oversee a program for the orderly and efficient management of records, including the legal disposition or destruction of obsolete records, and be given the authority and responsibility to work with other local officials at all levels in the development and maintenance of the records management program.
In addition, a Records Advisory Board may be created to assist in establishing and supporting the records management program. BOCES’ legal counsel, the fiscal officer, and the District Superintendent/designee may comprise the Advisory Board.
Records Retention and Disposition Schedule ED-1, issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for the records of elementary and secondary educational institutions, is hereby adopted for use by all officers in disposing of BOCES records listed therein.
a) Only those records will be disposed of that are described in Records Retention and Disposition Schedule ED-1 after they have met the minimum retention period described therein;
b) Only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established time periods.
Appropriate regulations and procedures shall be developed.
8 New York Code of Rules and Regulations
(NYCRR) Section 185
Public Officers Law Section 65-b
Local Government Records Act of 1987
NOTE: Refer also to Policy #1318 -- Records Officers.
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2000 4570
Non-Instructional/Business
Operations
SUBJECT: DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
In accordance with federal regulations, employees in safety-sensitive positions as defined in regulations, including school bus drivers who are required to have and use a commercial drivers license (CDL), are now subject to random testing for alcohol, marijuana, cocaine, amphetamines, opiates (including heroin), and phencyclidine (PCP). The District shall adhere to federal law and regulations requiring the implementation of a drug and alcohol testing program for such employees in safety-sensitive positions.
The District shall either establish and manage its own program, by contract, or through a consortium for the provision of alcohol and drug testing of employees in safety-sensitive positions. Safety-sensitive employees (SSE), including school bus drivers who drive a vehicle which is designed to transport 16 or more passengers (including the driver), shall be subject to this requirement.
Federal regulations require that the District test school bus drivers and other SSEs for alcohol and drugs at the following times:
a) Drug testing will be conducted after an offer to hire, but before actually performing safety-sensitive functions for the first time. Such pre-employment testing will also be required when employees transfer to a safety-sensitive position.
b) Safety-sensitive employees are also subject to a random drug and/or alcohol test on an unannounced basis just before, during or just after performance of safety-sensitive functions.
c) In addition, testing will be ordered if a trained supervisor has a "reasonable suspicion" that an employee has engaged in prohibited use of drugs and/or alcohol.
d) There will also be post accident testing conducted after accidents on employees whose performance could have contributed to the accidents.
e) Finally, return-to-duty and follow-up testing will be conducted when an individual who has violated the prohibited alcohol and/or drug conduct standards returns to performing safety-sensitive duties. Follow-up tests are unannounced and at least 6 tests must be conducted in the first 12 months after an employee returns to duty. Follow-up testing may be extended for up to 60 months following return-to-duty.
All employee drug and alcohol testing will be kept confidential and shall only be revealed without the driver's consent to the employer, a substance abuse professional, drug testing laboratory, medical review officer and any other individual designated by law.
The following alcohol and controlled substance-related activities are prohibited by the Federal Highway Administration's drug use and alcohol misuse rules for drivers of commercial motor vehicles and other SSEs:
a) Reporting for duty or remaining on duty to perform safety-sensitive functions while having an alcohol concentration of 0.04 or greater.
b) Being on duty or operating a commercial motor vehicle (CMV) while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment. This includes the possession of medicines containing alcohol (prescription or over-the-counter), unless the packaging seal is unbroken.
c) Using alcohol while performing safety-sensitive functions.
d) Using alcohol 4 hours or less before duty.
e) When required to take a post-accident alcohol test, using alcohol within eight hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.
f) Refusing to submit to an alcohol or controlled substance test required by post-accident, random, reasonable suspicion or follow-up testing requirements.
g) Reporting for duty or remaining on duty, requiring the performance of safety-sensitive functions, when the SSE uses any controlled substance. This prohibition does not apply when instructed by a physician who has advised the SSE that the substance does not adversely affect the SSE's ability to safely operate a CMV.
h) Reporting for duty, remaining on duty or performing a safety-sensitive function, if the SSE tests positive for controlled substances.
Drivers and other SSEs who are known to have engaged in prohibited behavior with regard to alcohol misuse or use of controlled substances are subject to disciplinary action and penalties pursuant to District policy and collective bargaining agreements, as well as the sanctions provided for in federal law. SSEs who have engaged in such prohibited behavior shall not be allowed to perform safety-sensitive functions until they are:
a) Evaluated by a substance abuse professional (SAP).
b) Complete any requirements for rehabilitation as set by the District and the SAP.
c) Pass a return-to-duty test with the result below 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved controlled substance use.
d) The SSE shall also be subject to unannounced follow-up alcohol and controlled substance testing. The number and frequency of such follow-up testing shall be as directed by the SAP, and consist of at least 6 tests in the first 12 months.
The District Superintendent shall ensure that each SSE receives a copy of District policy, educational materials that explain the requirements of the alcohol and drug testing regulations, and any regulations and/or procedures developed by the District with respect to meeting those requirements. The District Superintendent or his/her designee shall ensure that a copy of these materials is distributed to each SSE, who shall sign for receipt of all of the above documents, as well as other appropriate personnel, prior to the start of alcohol and controlled substance testing as well as at the beginning of each school year or at the time of hire for any safety-sensitive employees. Representatives of applicable collective bargaining units shall be notified of the availability of this information.
The District Superintendent or his/her designee shall arrange for training of all supervisors who may be utilized to determine whether "reasonable suspicion" exists to test a driver for prohibited conduct involving alcohol or controlled substance use/abuse.
Any violation of this policy, administration regulations and/or procedures, and applicable federal and state laws by a covered employee shall be grounds for disciplinary action including, but not limited to, fines, suspension, and/or discharge in a manner consistent with District policy, collective bargaining agreements and applicable law.
Regulations shall be established as necessary to implement this policy.
Omnibus Transportation Employee Testing Act
of 1991 (P.L.102-143)
49 United States Code (USC) Section 521(b)
49 Code of Federal Regulations (CFR) Parts
40, 382, 391, 392 and 395