2000 6310

Students

Each program enrolling students which is operated by BOCES shall have a clearly developed outline of activities, skills to be learned and appropriate projects to be completed by students. Emphasis will be placed on student outcomes. Each student’s evaluation will be made on the basis of the completion of his or her objectives, at the appropriate level of performance.

Competency standards will be used where appropriate and they will give guidance to instructors and administration on when certain students are qualified to exit the program.

Student promotion shall be offered when students have satisfactorily demonstrated competence based upon appropriate standards and criteria.

Advancement of students to higher levels shall be based upon achievement, performance, and skill development or other appropriate criteria. Records attending to the progress of students shall be maintained and interviews may be scheduled to share such information regarding the student’s progress.

A student may be advanced to the next higher level of instruction upon the recommendation of the classroom teacher and approval of the administrator in charge. Furthermore, a student may remain at one level for as long a period of time as is necessary to achieve success provided the recommendation of the teacher and the approval of the program administrator in charge are in general agreement.

In the event of a disagreement, the District Superintendent or his/her designee shall make a decision to resolve the conflict affecting retention or acceleration.

Examinations or tests may be used to assess the effectiveness of instruction or the skill development of a student of groups of students. Such examinations may be prepared by local educators, state officials or recognized publishers. Results on an examination or test should not serve as the sole criterion for promotion unless that instrument is a mastery or competency measure. An appropriate evaluation of a student or program should consist of a variety of measures that are designed to measure relevant objectives.

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2000 6311

Students

The Board of Cooperative Educational Services assures parents or persons in parental relationship who are hearing impaired the right to meaningful access to school initiated meetings or activities pertaining to the academic and/or disciplinary aspects of their children's education. School initiated meetings or activities are defined to include, but are not limited to, parent-teacher conferences, child study or building-level team meetings, planning meetings with school counselors regarding educational progress and career planning, suspension hearings or any conferences with school officials relating to disciplinary actions. The term "hearing impaired" shall include any hearing impairment, whether permanent or fluctuating, which prevents meaningful participation in school meetings or activities.

Parents or guardians shall be notified of the availability of interpreter services to be provided at no charge, provided that a written request is made to the BOCES within fourteen (14) days of the scheduled event. Exceptions to the time frame request may be made for unanticipated circumstances as determined by the appropriate administrator. The BOCES shall also notify appropriate school personnel as to the terms and implementation of this policy.

If interpreter services are requested, the BOCES shall appoint an interpreter for the hearing impaired to interpret during the meeting or activity. The BOCES will arrange for interpreters through a BOCES-created list or through an interpreter referral service.

In the event that an interpreter is unavailable, the BOCES shall make other reasonable accommodations which are satisfactory to the parents or persons in parental relationship. Examples of what constitutes reasonable accommodations in the event an interpreter cannot be located may include, but are not limited to, the use of:

Education Law Section 3230

8 New York Code of Rules and Regulations

(NYCRR) Section 100.2(aa)

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2000 6320

Students

WFL/EB

The Wayne-Finger Lakes BOCES shall comply with the provisions of the "Family Educational Rights and Privacy Act of 1974". Under its provisions, "parents/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 official records, files, and data, including all material that is incorporated into each student's cumulative record folder and intended for school use or to be available to parties outside the school or BOCES and specifically including, but not necessarily limited to, identifying data, academic work completed, level of achievement (grades, standardized achievement test scores), attendance data, scores on standardized intelligence, aptitude, and psychological tests, interest inventory results, health data, family background information, teacher or counselor ratings and observations, and verified reports of serious or recurrent behavior patterns".

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. The purpose of such regulations and procedures shall be to make available to the parents/guardians of students and noncustodial parent(s) whose rights are not limited by court order or formal agreement, or students who are eighteen (18) years of age or older or who are attending an institution of post-secondary education, student records, and files on students, and to insure the confidentiality of such records with respect to third parties.

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, shall have an opportunity for a hearing to challenge the content of the school records, to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.

Family Educational Rights and Privacy Act of 1974

20 United States Code (U.S.C.)

Section 1232(g)

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2000 6321

Students

Release of BOCES students in attendance at programs housed in buildings under the administrative control of Wayne-Finger Lakes BOCES component school districts, and access to their educational records, shall be in accordance with the applicable policies and/or procedures of the particular component school district.

In the event that the component school district has not adopted a policy or procedures on release of students or access to educational records by custodial/noncustodial parents, then Wayne-Finger Lakes BOCES staff shall act in accordance with the following:

When parents of a student are separated, involved in divorce proceedings, or are divorced, the building principal or program administrator may consider the rights of custodial and noncustodial parents to be equal with respect to access to the student’s educational records unless Wayne-Finger Lakes BOCES has been provided with a certified copy of a court order or other legally binding document relating to such matters as divorce, separation, or custody that specifically revokes these rights. This includes the right to inspect, review and receive copies of educational records, including progress reports.

The building principal or program administrator shall release such information upon request, in accordance with applicable law. If the custodial parent wishes to limit the noncustodial parent’s access to records, it would be his/her responsibility to obtain and present to the building principal or program administrator a legally binding instrument that prevents the release of such information.

The building principal or program administrator will consider the rights of custodial and noncustodial parents to be equal with respect to access to, and release of, their children except when a legally binding document has been presented which provides evidence to the contrary.

An agreement or court order which grants sole custody to one parent shall be sufficient to prohibit release of the student to the noncustodial parent. However, unless restricted by a final divorce decree which includes specific denial of access rights, a restraining order denying access rights, or other such legally binding document, both parents have the right to participate in the normal school activities of the child; to visit their child briefly at school; and to participate in parent-teacher conferences, although not necessarily together in the same conference.

It is the responsibility of the custodial parent to provide the building principal or program administrator with a certified copy of such court order or other legally binding document, if restricted access to the student or restrictions on release of the student are requested. In the alternative, written authorization from the custodial parent allowing the release of the child to the noncustodial parent will also be honored by the Wayne-Finger Lakes BOCES .

Copies of authorizations, or certified copies of all legally binding documents pertaining to child custody and visitation including, but not limited to, Judgments of Divorce and Separation, temporary and permanent court orders, and legally enforceable written agreements between the parties will be maintained in the appropriate school office.

The Board of Education directs the Superintendent or his/her designee to develop administrative regulations and procedures to implement this policy. Such regulations and procedures shall include:

1. Provisions for notification and instruction of BOCES staff regarding this policy, and corresponding responsibilities; and
2. Coordination of communication about the existence of applicable policies and procedures in component school districts.

Education Law Section 3210

Family Educational Rights and Privacy Act (FERPA)

20 United States Code (U.S.C.) Section 1232(g)

34 Code of Federal Regulations (C.F.R.) Part 99