2000 6410

Students

WFL/EB

SUBJECT: IMMUNIZATION OF STUDENTS

Students shall be admitted to BOCES programs and a certificate of immunization, other acceptable evidence of immunity, or an exemption as allowed by law must be presented within two (2) weeks of admission.

The evidence of immunity must comply with Public Health Law Section 2164 subdivisions 5,6, and 7; and Part 66 of the Regulations of the New York State Department of Health.

Public Health Law Section 2164

Education Law Section 914

10 New York Code of Rules and Regulations

(NYCRR) Part 66

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2000 6420

Students

SUBJECT: ACCIDENTS/FIRST AID TREATMENT

Accidents

All accidents and injuries shall be immediately reported to the building principal who will take appropriate action to enable the student to obtain necessary assistance. All proper forms must be made out before the close of the same working day.

First Aid

The Board authorizes emergency first aid medical treatment to be rendered by appropriate personnel. A parent or guardian of the student will be promptly notified if any such measures are taken.

Accident Insurance

The Board of Cooperative Educational Services shall provide for student accident insurance for all school age students enrolled in BOCES programs and not covered by their home school district. The insurance will be in the form of a standard, non-duplicative policy covering students who are injured during school functions as well as traveling to and from home and school.

The Board does not provide insurance covering privately owned equipment, tools or personal belongings. Students are encouraged to review their own family insurance relative to off-premise coverage of valuable items.

Transporting an Ill or Injured Student

In the event of a serious illness or an injury to a student, an ambulance may be called if warranted.

NOTE: Refer also to Policy #6452 -- Administering Medication.

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2000 6430

Students

WFL/EB

SUBJECT: CHILD ABUSE AND NEGLECT

The Wayne-Finger Lakes BOCES subscribes to all of the provisions of Title 6 - Child Protective Services of the Social Services Law (Sections 411-428). Our purpose is to provide protective services to abused and maltreated school-aged children as described by the law, and to make all school personnel within the BOCES aware of our legal responsibilities under this law.

Regulations shall be developed, maintained and disseminated by administration regarding the:

a) Mandatory reporting of child abuse/neglect;

b) Reporting procedures and obligations of persons required to report;

c) Provisions for taking a child into protective custody;

d) Mandatory reporting of deaths;

e) Immunity from liability and penalties for failure to report; and

f) Obligations for provision of services and procedures necessary to safeguard the life of a child.

Additionally, an ongoing training program for all professional staff shall be established and implemented to enable such staff to carry out their reporting responsibilities.

Social Services Law Sections 411-428

Family Court Act Section 1012

Education Law Section 3209(a)

NOTE: Refer also to Policy #6440 -- Sexual Harassment.

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2000 6440

Students

SUBJECT: SEXUAL HARASSMENT OF STUDENTS

The Board of Education affirms its commitment to non-discrimination and recognizes its responsibility to provide for all District students an environment that is free of sexual harassment and intimidation. Sexual harassment is a violation of law and stands in direct opposition to District policy. Therefore, the Board prohibits and condemns all forms of sexual harassment by employees, school volunteers, students, and non-employees such as contractors and vendors which occur on school grounds and at all school-sponsored events, programs and activities including those that take place at locations off school premises. Generally, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or communication of a sexual nature when:

  1. Submission to or rejection of such sexually harassing conduct and/or communication by a student affects decisions regarding any aspect of the student’s education, including participation in school-sponsored activities;
  2. Conditions exist within the school environment that allow or foster obscene pictures, lewd jokes, sexual advances, requests for sexual favors or other harassing activities of a sexual nature; and
  3. Such conduct and/or communication has the purpose or effect of substantially or unreasonably interfering with a student’s academic performance or participation in an educational or extracurricular activity, or creating an intimidating, hostile or offensive learning environment; and/or effectively bars the student’s access to an educational opportunity or benefit.

The Board acknowledges that in determining whether sexual harassment has occurred the totality of the circumstances, expectations, and relationships should be evaluated including, but not limited to, the ages of the harasser and the victim; the number of individuals involved; and the type, frequency and duration of the conduct. The Board recognizes that sexual harassment can originate from a person of either sex against a person of the opposite or same sex, and from a third party such as a school visitor, volunteer, or vendor, or any other individual associated with the School District. Sexual harassment may occur from student-to-student, from staff-to-student, from student-to-staff, as well as staff-to-staff.

In order for the Board to enforce this policy, and to take corrective measures as may be necessary, it is essential that any student who believes he/she has been a victim of sexual harassment in the school environment, as well as any other person who is aware of and/or who has knowledge of or witnesses any possible occurrence of sexual harassment, immediately report such alleged harassment; such report shall be directed to or forwarded to the District’s designated complaint officer(s) through informal and/or formal complaint procedures as developed by the District. Such complaints are recommended to be in writing, although verbal complaints of alleged sexual harassment will also be promptly investigated in accordance with the terms of this policy. In the event that the complaint officer is the alleged offender, the report will be directed to the next level of supervisory authority.

Upon receipt of an informal/formal complaint, the District will conduct a thorough investigation of the charges. To the extent possible, within legal constraints, all complaints will be treated as confidentially and privately as possible. However, disclosure may be necessary to complete a thorough investigation of the charges, and any disclosure will be provided on a "need to know" basis.

Based upon the results of the investigation, if the District determines that an employee and/or student has violated the terms of this policy and/or accompanying regulations, immediate corrective action will be taken as warranted. Should the offending individual be a student, appropriate disciplinary measures will be applied, up to and including suspension, in accordance with District policy and regulation, the Student Code of Conduct, and applicable laws and/or regulations. Should the offending individual be a school employee, appropriate disciplinary measures will be applied, up to and including termination of the offender’s employment, in accordance with legal guidelines, District policy and regulation, and the applicable collective bargaining agreement(s). Third parties (such as school volunteers, vendors, etc.) who are found to have violated this policy and/or accompanying regulations will be subject to appropriate sanctions as warranted and in compliance with law.

The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participated in the investigation of a complaint of sexual harassment. Follow-up inquiries shall be made to ensure that harassment has not resumed and that all those involved in the investigation of the sexual harassment complaint have not suffered retaliation.

Regulations will be developed for reporting, investigating and remedying allegations of sexual harassment. An appeal procedure will also be provided to address any unresolved complaints and/or unsatisfactory prior determinations by the applicable complaint officer(s).

Such regulations will be developed in accordance with federal and state law as well as any applicable collective bargaining agreement(s).

The Superintendent/designee(s) will affirmatively discuss the topic of sexual harassment with all employees and students, express the District’s condemnation of such conduct, and explain the sanctions for such harassment. Appropriate training and/or "awareness" programs will be established for staff and students to help ensure knowledge of and familiarity with the issues pertaining to sexual harassment in the schools, and to disseminate preventative measures to help reduce such incidents of prohibited conduct. Furthermore, special training will be provided for designated supervisors and managerial employees, as may be necessary, for training in the investigation of sexual harassment complaints.

A copy of this policy and its accompanying regulations will be available upon request and may be posted at various locations in each school building. The District’s policy and regulations on sexual harassment will be published in appropriate school publications such as teacher/employee handbooks, student handbooks, and/or school calendars.

Title IX of the Education Amendments of 1972,

20 United States Code (U.S.C.) Section 1681 et seq.

34 Code of Federal Regulations (C.F.R.)

Section 100 et seq.

Title VII of the Civil Rights Act of 1964,

42 United States Code (U.S.C.) Section 2000e et seq.

The Civil Rights Act of 1991

42 United States Code (U.S.C.) Section 1981(a)

29 Code of Federal Regulations (C.F.R.)

Section 1604.11(a)

Executive Law Sections 296 and 297

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2000 6451

Students

WFL/EB

SUBJECT: HUMAN IMMUNODEFICIENCY VIRUS (HIV) RELATED ILLNESSES (STUDENTS)

The Board of Education’s position is that a student shall not be denied the right to attend school or continue his/her education who has been diagnosed or identified as having a positive blood test for the antibodies to the Human Immunodeficiency Virus (HIV). The Board further contends that under current law and regulations, the disclosure of confidential HIV-related information shall be strictly limited.

Administrative regulations and procedures shall be developed and implemented by the administration based on recommendations from the New York State Education Department and from consultation with appropriate professional and medical staff in the District.

The District Superintendent shall also establish protocols for routine sanitary procedures for dealing with the cleaning and handling of body fluids in school, with special emphasis placed on staff awareness.

Confidentiality: Public Health Law,

Article 27-F

NOTE: Refer also to Policy #5141 -- Human Immunodeficiency Virus (HIV) Related Illnesses (Personnel).

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2000 6452

Students

SUBJECT: ADMINISTERING MEDICATION

Many students are on different types of medication for various reasons. Each teacher and aide should know which children they work with that are on medication and at what time they are to receive the medication. A list of these children who receive medication will be made available to the building administrator and the host building nurse by the special education teacher of each program and a proper process for use of the medication will be developed at each site.

Students who are required to take medication during school hours must provide the building administrator with a written parental/guardian request accompanied by written authorization by a licensed physician indicating frequency and dosage for such medication. Such written consent shall be on file with the school authorities. Medication is to be brought to the school health office in its original labeled container. Unless the student is properly designated, in accordance with State Education Department Guidelines, as being able to self-administer his/her own medication, students are to use the approved medication under direct supervision of an appropriate staff member.

Procedures for taking medications off school grounds or after school hours while participating in a school-sponsored activity will be in accordance with State Education Department Guidelines.

The Use Of Inhalers In Schools

BOCES permits students who have been diagnosed by a physician as having a severe asthmatic condition to carry and use a prescribed inhaler during the school day. Prior to permitting such use, the school health office must receive the written permission of the prescribing physician, and parental consent, based on such physician’s determination that the student is subject to sudden asthmatic attacks severe enough to debilitate that student.

A record of such physician/parental permission shall be maintained in the school office.

Health office personnel will maintain regular parental contact in order to monitor the effectiveness of such self-medication procedures and to clarify parental responsibility as to the daily monitoring of their child to ensure that the medication is being utilized in accordance with the physician’s instructions. Additionally, the student will be required to report to the health office on a periodic basis as determined by health office personnel so as to maintain an ongoing evaluation of the student’s management of such self-medication techniques, and to work cooperatively with the parents and the student regarding such self-care management.

Students who self-administer medication without proper authorization, under any circumstances, will be referred for counseling by school nursing personnel. Additionally, school administration and parents will be notified of such unauthorized use of medication by the student, and school administration may also be involved in determining the proper resolution of such student behavior.

New York State Bureau of Health Service

Education Law Section 916

NOTE: Refer also to Policy #6420 -- Accidents/First Aid Treatment.

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2000 6460

Students

WFL/EB

SUBJECT: EQUAL EDUCATIONAL OPPORTUNITY (STUDENTS)

It is the policy of this BOCES to provide, through a positive and effective program, equal educational opportunities for all students in admittance to and/or participation in educational courses, programs or activities; school services; and extracurricular events regardless of race, color, creed, religion, national origin, political affiliation, sex, age, marital status, or disability.

The District Superintendent shall designate one or more BOCES employees as Civil Rights Compliance Officer(s) whose responsibility will be to ensure compliance with the various federal and state statutes and regulations prohibiting discrimination in educational programs, including Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Americans With Disabilities Act (ADA).

The BOCES shall establish and implement regulations and procedures in accordance with applicable law that provide for the prompt and equitable resolution of any and all complaints alleging discrimination on the basis of race, color, creed, religion, national origin, political affiliation, sex, age, marital status or disability.

The BOCES shall take appropriate annual and continuing steps to notify students and their parents or guardians of this policy of non-discrimination. This shall include provision for the publication and dissemination, internally and externally, of this policy to ensure its availability, to interested citizens and groups. Included in this notification shall be the name(s), address(es) and telephone number(s) of the Civil Rights Compliance Officer(s) responsible for handling complaints regarding discrimination, and a description of the BOCES established grievance procedures.

Title VII of the Civil Rights Act of 1964,
42 United States Code Section 2000-e et seq. -
Prohibits discrimination on the
basis of race, color, religion, sex or national origin.

Title VI of the Civil Rights Act of 1964,
42 United States Code Section 2000-d et seq. -
Prohibits discrimination on the
basis of race, color or national origin.

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

The Americans with Disabilities Act,
42 United States Code Section 12101 et seq. -
Prohibits discrimination on the basis of disability.

Title IX of the Education Amendments of 1972,
20 United States Code Section 1681 et seq.-
Prohibits discrimination on the basis of sex.

New York State Executive Law
Section 290 et seq. - Prohibits discrimination on the
basis of age, race, creed, color, national
origin, sex, disability or marital status.

Age Discrimination in Employment Act,
29 United States Code Section 621

NOTE: Refer also to Policy #1440 -- Non-Discrimination.

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2000 6461

Students

SUBJECT: COMPLAINTS AND GRIEVANCES BY STUDENTS

While students have the responsibility to abide by the policies and regulations of the BOCES, they shall also be afforded opportunity to present complaints and grievances free from interference, coercion, restraint, discrimination or reprisal. Administration shall be responsible for:

a) Establishing rules and regulations for the redress of complaints or grievances through proper administration channels;

b) Developing an appeals process;

c) Ensuring that students have full understanding and access to these regulations and procedure; and

d) Providing prompt consideration and determination of student complaints and grievances.

Civil Rights Compliance Officer

In addition, students and parents/guardians will receive annual notification of the BOCES’ established grievance procedures for resolving complaints of discrimination based on sex or disability. This notice shall include the name, address and telephone number of the Title IX/Section 504/ADA Coordinator (i.e., the "Civil Rights Compliance Officer").

The Civil Rights Compliance Officer shall also be responsible for handling complaints and grievances regarding discrimination based on race, color, creed, national origin, political affiliation, age or marital status.

Title VII of the Civil Rights Act of 1964,
42 United States Code (U.S.C.)
Section 2000-e, et seq. - Prohibits
discrimination on the basis of race,
color, religion, sex or national origin.

Title VI of the Civil Rights Act of 1964,
42 United States Code (U.S.C.)
Section 2000-d, et seq. – Prohibits discrimination on the
basis of race, color or national origin.

Section 504 of the Rehabilitation Act of 1973,
29 United States Code (U.S.C.) Section 794 et seq.;
The Americans With Disabilities Act,
42 United States Code (U.S.C.) Section 12101 t seq. –
Prohibits discrimination on the basis of disability.

Title IX of the Education Amendments of 1972,
20 United States Code (U.S.C.) Section 1681 et seq. –
Prohibits discrimination on the basis of sex.

New York State Executive Law
Section 290 et seq. - Prohibits discrimination on the
basis of age, race, creed, color, national
origin, sex, disability or marital status.

Age Discrimination in Employment Act,
29 United States Code Section 621.

NOTE: Refer also to Policy #1440 -- Non-Discrimination.