Watervliet City School District > Board of Education > Policy Manual > Community Relations (Section 3000)

Community Relations (Section 3000)

All policies are listed in policy number order.

School Community Relations

Participation by the Public

District Records

Public Order on School Property

Emergency Situations

Policy 3110, Media/Municipal Governments/Senior Citizens

School District Media

The Principal of each building is responsible for the preparation of news releases concerning the activities within that building, and for reviewing them with the Superintendent prior to release. Copies of all final news releases will be sent to the Superintendent’s Office.

In addition, a periodic newsletter may be prepared and sent to each resident of the School District or posted on the District’s website. Included in the newsletter will be information regarding school activities, a monthly calendar and other items of interest to the community. The Board accepts the funding obligation for the necessary staff and production costs.

As the official spokesperson, the Superintendent or his/her designee shall issue all news releases concerning the District. All statements of the Board will be released through the Office of the Superintendent and/or the District Clerk.

Municipal Governments

It is the policy of the Board to establish and maintain a positive working relationship with the governing bodies of the municipality. The Board shall also cooperate with municipal, county and state agencies whose work affects the welfare of the children of the District, including but not limited to the County Social Services Department, the Board of Health, the Recreation Department, the Public Library, and all community emergency services agencies.

Senior Citizens

The Board of Education will consider school related programs for senior citizens in accordance with Education Law and/or Regulations of the Commissioner of Education. Such programs include special use of school buildings or school lunches and partial tax exemptions.

Education Law Sections 1501-b(1)(a), 1501-b(1)(b), and 1709(22)
Real Property Tax Law Section 467

Adopted: 6/19/12
Revised: 5/13/14

Policy 3120, School District Standards and Guidelines for Web Page

General Criteria

The availability of Internet access in the School District provides an opportunity for staff and students to access information and contribute to the School District’s presence on the World Wide Web. The District/school/classroom Websites must relate to curriculum or instructional matters, school authorized activities, or general information of interest to the public pertaining to the District or its schools. Staff and students are prohibited from publishing personal home pages or links to personal home pages as part of the District/school/classroom Web Page(s). Similarly, no individual or outside organization will be permitted to publish personal Web Pages as part of the District/school/classroom Web Page(s).

Internet access for the creation of Web Pages is provided by the District and all information must be reviewed by the Website Manager prior to publishing it on the Web. Personnel designing information for the Web Pages must familiarize themselves with and adhere to District standards and procedures. Failure to follow District standards or responsibilities may result in disciplinary sanctions in accordance with law and/or the applicable collective bargaining agreement.

The District shall provide general training on relevant legal considerations and compliance with applicable laws and regulations including copyright, intellectual property, and privacy of student records as well as relevant District procedures to those staff members and students who are allowed to develop or place material on the District/school/classroom Web Page(s).

Content Standards

a) Approval for posting a Web Page must be obtained from the Website Manager or his/her designee(s). If at any time, the Website Manager/designee(s) believes the proposed material does not meet the standards approved by the District, it will not be published on the Web. Decisions regarding access to active Web Pages for editing content or organization will be the responsibility of the Website Manager/designee(s).
b) A Web Page must be sponsored by a member of the District faculty, staff or administration who will be responsible for its content, design, currency and maintenance. The sponsor is responsible for ensuring that those constructing and maintaining the Web Page have the necessary technical training and that they fully understand and adhere to District policies and regulations. The Web Page must include the name of the sponsor.
c) Staff or student work should be published only as it relates to a school/classroom authorized project or other school-related activity.
d) The review of a Student Web Page (if considered a school-sponsored student publication) shall be subject to prior District review as would any other school-sponsored student publication.
e) An authorized teacher who is publishing the final Web Page(s) for himself/herself or for a student will edit and test the Page(s) for accuracy of links and check for conformance with District standards and practices.
f) A disclaimer statement about the content of Web Pages must be part of individual sites:
Example: “The District has made every reasonable attempt to ensure that our Web Pages are educationally sound and do not contain links to questionable material or material that can be deemed in violation of the School District’s Standards and Guidelines for Web Page Publishing Policy.”
g) Commercial advertising or marketing on the District/school/classroom Web Page(s) (or the use of school-affiliated Web Pages for the pursuit of personal or financial gain) shall be prohibited unless otherwise authorized in accordance with law and/or regulation. Decisions regarding Website advertising must be consistent with existing District policies and practices on this matter. School-affiliated Web Pages may mention outside organizations only in the context of school programs that have a direct relationship to those organizations (e.g., sponsorship of an activity, student community service project).
h) Web Pages may include faculty or staff names; however, other personal information about employees including, but not limited to, home telephone numbers, addresses, email addresses, or other identifying information such as names of family members may be published only with the employee’s written permission.
i) All Web Pages must conform to the standards for appropriate use found in the District’s Acceptable Use Policy(ies) and accompanying Regulations regarding standards of acceptable use; examples of inappropriate behavior; and compliance with applicable laws, privacy, and safety concerns.
j) All staff and/or students authorized to publish material on the District/school/classroom Web Page(s) shall acknowledge receipt of the District’s Web Page Standards and agree to comply with same prior to posting any material on the Web.

Release of Student Education Records/Directory Information

Release of Student Education Records

In accordance with the Family Educational Rights and Privacy Act (FERPA), unless otherwise exempted in accordance with law and regulation, the District may release personally identifiable information 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:
a) Identifies and authenticates a particular person as the source of the electronic consent; and
b) Indicates such person’s approval of the information contained in the electronic consent.

Student Directory Information

Per FERPA, Districts must publish an annual public notice informing parents or eligible students of their right to refuse the release of student directory information and indicating a time period for their response. Following such public notice and a reasonable response period, the District may release such information to an outside group without individual consent.

Parental/Eligible Student Consent Required and Privacy Concerns

Written parental/eligible student consent shall be obtained by the District before education records or personally identifiable information contained therein is released to any party unless:
a) Such release is authorized by the Family Educational Rights and Privacy Act, or its implementing regulations;
b) The information released is “directory information” as designated by the District in accordance with FERPA. The District shall provide parents and eligible students with annual notification of their rights under FERPA and designation of directory information (i.e., disclosure of personally identifiable information contained in student records);
c) For anything not specifically designated as “directory information” by the District, the District must receive a “signed and dated written consent” from the parent/eligible student prior to releasing such information (unless otherwise authorized per FERPA);
d) Web Pages shall not include a student’s full name, telephone number, address, email address or post such information of other family members or friends.

Use of Copyrighted Materials and “Fair Use” Exceptions/Intellectual Property and Works Made for Hire

Copyrighted Materials

All employees and students are prohibited from copying materials not specifically allowed by the copyright law, “Fair Use” guidelines, licenses or contractual agreements, or the permission of the copyright proprietor. Web Page publications must include a statement of copyright when appropriate and indicate that permission has been secured when including copyrighted materials or notice that such publication is in accordance with the “Fair Use” provisions of the Copyright Law.

Fair Use of Copyrighted Materials

Pursuant to Section 107 of the Copyright Law (“Fair Use” provisions), the use of copyrighted material for criticism, comment, news reporting, teaching, scholarship, or research may be permitted under certain circumstances.
However, any appropriation of someone else’s work on the Internet is a potential copyright infringement. “Fair Use” provisions may not apply when a project created by a teacher or student is accessed by others over the Internet. If there is a possibility that school-affiliated Web Page(s), which incorporate copyrighted works under the “Fair Use” provisions, could later result in broader dissemination, it will be necessary to seek the permission of the copyright holder. The complex interplay between copyright law and the “Fair Use” provisions in educational multimedia projects should be considered in development of Web Page publishing standards and reviewed by school counsel prior to District implementation for compliance with applicable law and regulations.
a) Unless otherwise noted, always assume that work on the web is copyrighted. It is NOT necessary that the copyright symbol — © — be displayed for the work to be protected by copyright laws.
b) Proper attribution must always be given.
c) Obtaining permission(s) from the copyright holder(s) (whether text, graphics or music) should occur during the developmental process or project, rather than waiting to seek permission upon completion of the project.
d) Unauthorized electronic transmission of copyrighted materials is illegal.

Intellectual Property/Works Made for Hire

All works completed by employees as part of their employment shall be considered “works made for hire” as described in the United States Code Annotated, Title 17, Copyrights to the extent permitted by law. This determination includes, but is not limited to, the following activities:
a) Work prepared by an employee within the scope of his/her employment, whether tangible or intangible;
b) Work specifically ordered or commissioned for use as a contribution to a collective work, as enumerated in law.

Any work created within the scope of such a relationship will be considered a work made for hire when a regular employment relationship exists.

Work covered under this policy is the property of the School District, not the creator of such work. The District shall own any and all rights to such works, or derivatives thereof, unless there is a written agreement to the contrary.

Student Free Speech Issues (School-sponsored Publications)

In general, School Districts can exercise editorial control over the style and content of student expression in school-sponsored publications, theatrical productions, and other expressive activities that students, parents and members of the public might reasonably perceive to bear the imprimatur of the school.

However, the school’s actions in such a case must be reasonably related to legitimate pedagogical concerns and may not amount to viewpoint discrimination.

Consequences for Non-Compliance

Web Pages that do not comply with the above criteria are subject to revocation of approval and removal from the District/school/classroom Websites.

Staff

Faculty or staff posting non-approved or inappropriate material on a school-affiliated Website are subject to the imposition of discipline, including possible suspension or revocation of access to the District’s computer network, in accordance with law and applicable collective bargaining agreements. In the case that a violation may constitute a criminal offense, it will be reported to the appropriate authorities.

Students

Students posting non-approved or inappropriate material on a school-affiliated Website are subject to the imposition of discipline, including possible suspension or revocation of access to the District’s computer network, in accordance with applicable due process procedures and the District Code of Conduct. In the case that a violation may constitute a criminal offense, it will be reported to the appropriate authorities.

Oversight

The Superintendent of Schools or his/her designee shall have the authority to approve or deny the posting of any proposed Web Pages on school-affiliated Websites based upon compliance with the terms and conditions set forth in this policy as well as applicable District practices and procedures.

Digital Millennium Copyright Act (DMCA), 17 USC Sections 101 et seq., 512 and 1201 et seq.
Family Educational Rights and Privacy Act of 1974, 20 USC Section 1232(g)
34 CFR Parts 99 and 201

Adopted: 6/19/12

Policy 3121, Use of Social Media Policy

The Board of Education of the Watervliet City School District recognizes the importance of District employees, students and parents engaging, collaborating, learning, and sharing in digital environments. To this aim, the Watervliet City School District has developed the following policy to provide direction for District employees, students and parents when participating in online school-based social media activities.

The Watervliet City School District “Use of Social Media” policy encourages employees and students to participate in the use of social computing for school-based learning and strives to create an atmosphere of trust and individual accountability, keeping in mind that information produced by the Watervliet City School District teachers and students is a reflection of the entire District and is subject to the District’s Acceptable Use Policy. By accessing, creating or contributing to any web authoring applications (blogs, podcasts, sites using digital or video imaging or other social media) for classroom or District use, all employees and students are required to abide by these guidelines.

Definitions

“Social media” from this point forward refers to Internet-based media that includes, but is not limited to blogs, podcasts, and sites using digital images and video. It refers to a wide variety of Internet-based sites that include, but is not limited, to Facebook/Instagram, Twitter, Google shared apps, YouTube, Snapchat TikTok and other media that involves the interaction and sharing of social information and employee/student work.

Personal Responsibility
a) Watervliet City School District employees and students are legally and personally responsible for the content they publish online.
b) Online behavior should reflect standards of honesty, respect, and consideration.
c) When web-authoring or posting relating to the District or education, it is to be stated in the posting that the information is representative of the author’s views and opinions and not necessarily the views and opinions of the Watervliet City School District.
d) Social media, when used in a constructive manner can be an extension of the classroom. What is inappropriate in a classroom should be deemed inappropriate online.
e) Employees and students should ensure that content associated with them is consistent with the goals of the Watervliet City School District.
f) All School Board members, educators, teachers, staff members and students are reminded that they are expected to abide by all applicable state and federal laws, professional and ethical codes of conduct, Board of Education Policies, administrative regulations, the District Code of Conduct, applicable employment handbooks/policies, and collective bargaining agreements. This statement does not replace or supersede any existing policy or procedure.
g) Confidential student and employee information may not be posted online on any social media tool.
h) Social media will not be used to harass or bully others in any way.
i) Individuals’ privacy shall be respected in the use of social media.
j) Violation of this policy may result in disciplinary action.

Copyright and Fair Use for Employees and Students

a) Users will respect the rights of copyright owners and shall also adhere to the laws, policies and rules governing computers including, but not limited to, copyright laws, rights of software publishers, license agreements, and rights of privacy created by federal and state law.
b)Hyperlinking to outside sources is recommended. When hyperlinking be sure that the content is appropriate.
c) Be sure to always give credit where it is due (proper attribution) and not to plagiarize.

Profiles and Identity

a) Be cautious on how you set up a profile, bio, avatar, etc. No addresses or phone numbers of students, employees, parents or community members should appear on school-based social media.
b) In accordance with the District’s opt-out of directory and media policy- pictures, videos, audio or digital reproductions of students, employees, parents or community members can be displayed on any school-based social media site without the consent of the individual student (if 18 or older, i.e., “eligible student”) or the parents or guardians of students (less than 18 years of age) unless the eligible student or parent/guardian chose to sign and return the District opt-out policy. Check with the Building Principals for the list of parents who have chosen to have their child opt-out.

Requests for Social Media Sites

The Watervliet City School District understands that technology is constantly changing and that many sites have pedagogical significance for teacher and student use.
a) If you would like to request that an online site (including one of your own creation) be accessible to use for teaching and learning, please fill out the Social Media Request Form and submit it to District Data Privacy Officer for review.
b) Requests will be reviewed and the District social media guidelines will be updated periodically.
c) A description should be provided of the intended use of the site and what tools on the site match your needed criteria.
d) A link to the site’s privacy policy should be included if possible.

Social Media Policy for Students
a) A student will not post identifying information such as address, age, email address, or telephone number.
b) The School District’s Code of Conduct on School Property applies to the use of District technology and Social Media.
c) A student may not use the school-based social media to violate the Watervliet City School District’s Code of Conduct on School Property by plagiarizing, cheating, forging, or using copyrighted material without permission.
d) A student may not publish links to inappropriate websites.
e) A student will use appropriate language. Offensive language will not be accepted.
f) A student will not use social media to harass or bully others in any way.
g) A student must respect the privacy of others at all times.
h) A student must understand that there will be consequences for misuse of the school- based social media as per the Acceptable Use Policy and the School District’s Code of Conduct on School Property.
i) Students must read and sign the Watervliet City School District’s Use of Social Media Policy before participating in any social media activity.
j) The misuse of personal or home-based social media, depending on its potential effect on the health, safety and welfare of students/others and the maintenance of the educational setting in school, may result in referral to law enforcement and/or student or employee discipline in accordance with law and regulation.

Social Media Policy for Teachers
a) A teacher will register his/her social media for school-based learning with the Watervliet City Office of Technology by contacting the District Data Privacy Officer.
b) A teacher will provide students with the Watervliet City School District’s Use of Social Media Policy and actively review the policy several times during the school year.
c) A teacher will teach students safe and appropriate behavior as social media authors and readers.
d) A teacher will recognize the social media as a closed conversation for members of the class and will not open the site to any person who is not a participant in the class, except for others whose presence on the site supports the educational goals and objectives of the lesson who have been pre-approved by the teacher.
e) A teacher will actively monitor the social media for cyber-bullying, offensive language or images, and other material that violates the Use of Social Media Policy or other policies of the District.
f) A teacher will protect student privacy at all times by not publishing identifying information such as address, email address, or telephone number.
g) All social media must have a direct correlation to subject material taught in class and will not be used for personal social networking.
h) Teachers must enforce consequences for social media misuse. They must report violations to the Building Principal.

ACKNOWLEDGMENT AND SIGNATURE PAGE
I have read and understand the Watervliet City School District’s Use of Social Media Policy.
Teacher
Printed Name
Signature
Date 

Student/Parent
Printed Name (student)
Signature
Date 

Printed Name (parent)
Signature
Date

Adopted by BOE 8/10/2017
Reviewed by Technology Sub Committee 7/8/2021
Reviewed by Technology Committee 4/8/2022
Adopted by BOE 6/9/2022

Policy 3140, Flag Display

In keeping with State Education Law and Executive Law, the Board of Education accepts its duty to display the United States flag upon or near each public school building during school hours, weather permitting, and such other times as the statutes may require or the Board may direct.

When ordered by the President, Governor, or local official, to commemorate a tragic event or the death of an outstanding individual, the flag shall be flown at half-staff. The Superintendent’s approval shall be required for the flag to be flown at half-staff upon any other occasion. Regulations for seeking such approval shall be established in the Administrative Manual of the District.
The flag shall be displayed in every assembly room (i.e., the auditorium) including the room where the Board of Education meetings are conducted, as well as displayed in all rooms used for instruction.

4 USC Section 6
Education Law Sections 418 and 420
Executive Law Sections 402 and 403
8 NYCRR Sections 108.1-108.3

Adopted: 6/19/12

Policy 3150, School Volunteers

The Board recognizes the valuable contributions that school volunteers can make to the learning process and educational goals of the School District. Instructional programs are enabled through the participation of community members, local business and industry, and parents of the students. These volunteers contribute time, resources and expertise, and provide needed support to help ensure educational success for all children.

The Board encourages schools to develop and implement plans for the use of school volunteers. The Superintendent and his or her designees will be responsible for the implementation and supervision of the school volunteer programs. The school volunteer programs must provide the following:
a) Adequate screening of volunteers based upon the amount of contact they will have with students;
b) Direct supervision of volunteer by school personnel, in particular volunteers who are in contact with students; and
c) Adequate training of volunteers, including familiarizing volunteers with applicable laws, Board policies, administrative procedures and school rules.

All school volunteers will be expected to be professional and dependable in their volunteer activities.

Volunteer Protection Act of 1997, 42 USC Section 14501 et seq.
Education Law Sections 3023 and 3028
Public Officers Law Section 18

Adopted: 6/19/12

Policy 3160, Charter Schools

A charter school is a public school financed through public local, state and federal funds that is independent of local school boards. Although the New York Charter Schools Act of 1998 designates certain “charter entities,” only the local school district may approve the conversion of an existing public school to a charter school. Prior to any such conversion to a charter school, the parents/guardians of the majority of the students then enrolled in the public school must have voted in favor of the conversion.

For charter schools approved by the Board of Trustees of the State University of New York or the Board of Regents, the local school district within which the charter school is located has the right to visit, examine, and inspect the charter school for compliance with all applicable laws, regulations, and charter provisions.

Charter schools may be located in part of an existing public school building, a private work site, a public building, or any other suitable location. At the request of the charter school or prospective applicant, the School District shall make available a list of vacant and unused school buildings and vacant and unused portions of school buildings, including private school buildings, within the School District which may be suitable for the operation of a charter school.

The School District’s high school(s) may accept academic credit from students who transfer from the charter school as authorized and/or permitted in accordance with law, Commissioner’s Regulations, and local District standards. Either the charter school or the local School Board may issue a high school diploma upon students’ graduation from a charter school depending on the charter school’s relationship with the School Board.

For the purposes of the Textbook Loan Program defined in Education Law Section 701, the Library Materials Loan Program defined in Education Law Section 711, and the Computer Software Loan Program defined in Education Law Section 751, and Health and Welfare Services defined in Education Law Section 912, students attending a charter school have the same access to textbooks, software and library materials loaned by the School District as if enrolled in a nonpublic school. Within available School District inventory and budgetary appropriations for purchase of such materials, the School District is required to provide such materials on an equitable basis to all public school students and to all nonpublic school and charter school students who are residents of the District (Textbook Loan Program) or who attend a nonpublic or charter school in the School District (Software and Library Materials Loan Programs). The base year enrollment of students in the charter school may be claimed by the School District for the purposes of Textbook, Software and Library Materials Aids, in the same manner as nonpublic school enrollments are claimed.

For the purpose of transportation, charter schools are considered nonpublic schools, which means that students attending charter schools who reside within a fifteen (15) mile radius of the charter school (or a greater radius if the voters of the school district of residence have approved nonpublic transportation for more than fifteen [15] miles) will receive transportation from their school district of residence on the same basis as nonpublic school students; that is, subject to the applicable minimum mileage limits for transportation in the school district of residence, and the requirement of the timely filing of the request for transportation pursuant to Education Law Section 3635(2).

A student cannot be dually enrolled in the charter school and District schools. However, the school district of residence of students attending a charter school may, but is not required to, allow such students to participate in athletic and extracurricular activities.

Special Education programs and services shall be provided to students with disabilities attending a charter school in accordance with the individualized education program recommended by the Committee or Subcommittee of Special Education of the student’s school district of residence. The charter school may arrange to have such services provided by the school district of residence or by the charter school directly or by contract with another provider. Where the district of residence provides the special education programs or services, they will be provided in the same manner as provided to students in other public schools in the District. This includes the provision of supplementary and related services on site to the same extent the District’s policy and practices provide such services on the site of other public schools.

All employees of a public school converted to a charter school are included within the negotiating unit for the local school district, but the collective bargaining agreement of that negotiating unit may be modified by a majority vote of the members who work at the charter school, with the approval of the Board of Trustees of the charter school.

Instructional employees of a charter school which has not been converted from an existing public school and which has more than 250 students during the first year of instruction will be represented in a separate negotiating unit at the charter school by the same employee organization representing similar employees in the local school district. Employees may be included in the Teachers’ Retirement System and other retirement systems open to employees of the School District. Financial contributions for such benefits are the responsibility of the charter school and the charter school’s employees.

Teachers employed by the School District may apply for a leave of absence for purposes of teaching at a charter school. Approval for such leave of absence for a period of two (2) years or less shall not be unreasonably withheld. If such approval is granted to a teacher by the District, the teacher may return to teach in the School District during such period of leave without the loss of any right of certification, retirement, seniority, salary status, or any other benefit provided by law or by collective bargaining agreement. If an appropriate position is unavailable, the teacher’s name shall be placed on a preferred eligible list of candidates for appointment to a vacancy that may thereafter occur in an office or position similar to the one such teacher filled in the District immediately prior to the leave of service.

Charter School Finances

Charter school financing in the first year of operation shall be based on the number of students projected to be served by the charter school and the approved operating expenses of the district of residence of those students. Adjustments will be made in each subsequent year based upon the final report by the charter school of actual enrollment.

Federal and State aid attributable to students with disabilities are required to be paid to a charter school by the school district of residence for those students attending such charter school in proportion to the services the charter school provides such students directly or indirectly. The New York Charter Schools Act requires that the school district of residence forward such payments to the charter school, in six (6) substantially equal installments each year beginning on the first business day of the months of July, September, November, January, March, and May. Payment of federal aid attributable to a student with a disability attending a charter school must be made according to the requirements in 20 United States Code (USC) Sections 76.85-76.799 and Section 300.209 of Title 34 of the Code of Federal Regulations (CFR). Failure by the School District to make such required payments will result in the State Comptroller deducting the required amounts from State funds due to the District and paying them to the charter school.

Approved operating expenses include the essential operating cost of the School District. Excluded are costs for transportation, debt services, construction, tuition payments to other school districts, some BOCES payments, cafeteria or school lunch expenditures, balances and transfers, rental income from leased property, and certain other limited categories unless otherwise authorized pursuant to the federal grant program, State Charter School Facilities Incentive Program.

Amounts payable to a charter school by the School District will be determined by the Commissioner of Education.

Neither the School District, the charter entity, nor the State is liable for the debts of the charter school.

Notice and Hearing Requirements

The New York State Board of Regents is required to provide the School District information on the charter school process. If a charter school is proposed, the charter entity and the Board of Regents shall notify the school district in which the charter school is located and public and nonpublic schools in the same geographic area as the proposed charter school at each significant stage of the chartering process.

Such notification shall be provided by the charter entity within thirty (30) days of its receipt of an application for formation of a new charter school or for renewal of an existing charter school and at least forty-five (45) days prior to initial approval of the charter application by the charter entity.

Before a charter is issued, revised or renewed, the school district in which the charter school is located shall hold a public hearing to solicit comments from the community potentially impacted by the proposed charter school. When a revision involves the relocation of a charter school to a different school district, the proposed new school district shall also hold a hearing. The school district shall, at the time of its dissemination, provide the State Education Department with a copy of the public hearing notice.

No later than the business day next following the hearing, the school district shall provide written confirmation to both the charter entity and the State Education Department of the date and time the hearing was held. Copies of all written records or comments generated from the hearing shall be submitted to the charter entity and the State Education Department within fifteen (15) days of the hearing.

The school district shall also be given the opportunity to comment on the proposed charter to the charter entity. The charter entity shall consider any comments raised and submit them to the Board of Regents with the application for issuance, revision or renewal of a charter.

In the event the school district fails to conduct a public hearing, the Board of Regents shall conduct a public hearing to solicit comments from the community in connection with the issuance, revision or renewal of a charter.

20 USC Sections 76.785-76.799
State Charter School Facilities Incentive Program, 34 CFR Part 226
34 CFR Section 300.209
Education Law Article 56 and Sections 3602(11) and 3635
8 NYCRR Parts 100 and 119

Adopted: 6/19/12

Policy 3210, Visitors and Staff Identification Policy

To promote effective communication between the citizens of the community and the School System, the Board of Education encourages parents and other citizens to visit their schools periodically during the course of the school year.

The Board recognizes that many visitations that will occur are regularly scheduled events, e.g., parent-teacher organization meetings, public gatherings, registering of pupils, etc. There are also occasions when parents or guardians desire to visit their child’s classroom at other than regularly scheduled times. When such visitations occur, they shall be made on the basis of a defined need and shall be made only with the approval of their child’s teacher and/or Principal. The Board views these visits as constructive; however, no such visit shall be permitted to interfere with the educational process.

It shall be the policy of the Watervliet City Schools that all visitors and staff be identified before gaining access to school buildings and must wear identification badges while on school property. The purpose of the access control system is to enhance building security and to ensure that each visitor has legitimate business with the School District. The goal of the identification procedure is twofold:
a) So that school staff may be identified by responding agencies during times of crisis as a potential resource.
b) So that staff and visitors can be identified as belonging on campus by all those who occupy the facility.

Persons who are not student or staff shall report immediately to the sign in area upon entering a school building. Persons other than parents, guardians, students or staff, who desire to visit a school building, shall do so only with the permission of an appropriate administrative staff member.

Student visitors from other schools, unless they have a specific reason and prior approval of the Superintendent of Schools, shall not be given permission to enter school buildings. New students accompanied by their parents are always welcome.

A violation of the visitation policy shall be prosecuted pursuant to New York State Law.

The Superintendent of Schools shall promulgate and disseminate Superintendent’s Procedures to accomplish the goals stated in this policy.

Adopted: 6/19/12

Policy 3211, Service Animals

The Board of Education permits the use of a service animal by any individual with a disability, whether student, employee or visitor, who is qualified to attend or participate in any event or activity held on school premises and sponsored by the District, in compliance with this policy.

Definition of Service Animal

A service animal is any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purpose of this policy.

The work or tasks performed by a service animal+ must be directly related to the individual’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purpose of this policy.

Requirements for Service Animals

An individual requesting to use a service animal in the school building, on a school bus, or at a school activity must indicate (a) whether the animal is required because of a disability; (b) what task or work the animal has been trained to do; and (c) whether the service animal is housebroken. An individual requesting to use a service animal in connection with any school activity, program or service must provide evidence that the animal has received all vaccines required by State and local regulations, that the animal does not have fleas, ticks or other infestation, and that the animal is in good health. It is not necessary that a certificate of training be provided.

Where the service animal is a miniature horse, the individual requesting such use must also provide the District with information regarding the type, size and weight of the miniature horse so that the District may determine whether its facilities can accommodate these features.

Any service animal used in the school building, on a school bus, or at a school activity must be under the control of its handler. It must have a harness, leash, or other tether unless the handler is unable because of a disability to use the harness, leash or tether or unless the use of the harness, leash or tether would interfere with the service animal’s performance. In those circumstances, the animal must be under the handler’s control by way of voice control, signal or other means. The handler is solely responsible for the supervision and care of the animal, including feeding, exercising, and clean up. For students in a school setting, the handler generally is the student for whose use the service animal is requested, and may not be an employee of the District. For employees in a school setting, the handler generally is the individual employee requesting use of the service animal.

Service animals must be maintained under control at all times and are expected to be well-behaved and non-disruptive to the program, service or activity taking place. The service animal may be excluded if its presence results in the fundamental alteration to the nature of the program, activity, or service provided by the District.

A service animal may be excluded if it is out of control and the handler does not take effective action to immediately control it. A service animal may be excluded if it is out of control on a frequent and regular basis such that its presence is disruptive to the instruction, activity or program of the school. A service animal may be excluded if not housebroken. A service animal may be excluded if its presence compromises legitimate safety requirements necessary for the operation of the District’s program, activity or service.
The Superintendent of Schools or his/her designee may create regulations or building specific rules regarding appropriate areas designated for the handler’s care of the service animal, including waste disposal, taking into consideration the safety, hygiene, and welfare of others participating in the program, activity or service.

The District may charge an individual with a disability (or, in the case of a student, the student’s parents) for any damage to District property caused by his/her service animal, to the extent that the District would normally charge an individual for damage to District property.

Student Use of Service Animals

Parents must submit requests for their child’s use of a service animal to the applicable Building Principal or to the Director of Programs and Pupil Services. Such requests must indicate (a) whether the animal is required because of a disability; (b) what task or work the animal has been trained to do; and (c) whether the service animal is housebroken. It also must provide documentation that the animal is up to date with respect to all required vaccines, that it does not have fleas or other infestation, and that it is in good health.

If there is any question concerning the relationship of the specific task or work to be performed by the service animal to the student’s education program, including the student’s participation in general education academic and nonacademic activities, the District’s CSE or Section 504 team, as applicable, will convene to determine whether the service animal’s presence is necessary for the student to receive a FAPE or equal access to the District’s program, activity or service.

If there is any question concerning the student’s ability to perform the duties of the service animal’s handler, the District’s CSE or Section 504 team, as applicable will convene to review the student’s ability to perform those duties. Where it is determined that use of a service animal is necessary for a student to receive a FAPE or equal access to a District program, activity or service but that a student is not likely to be capable of performing the duties of the animal’s handler, the CSE/Section 504 team should determine whether other accommodations, supports or services might be provided to similarly assist the student. Nothing herein shall require that a service animal be specified on an IEP or on a Section 504 plan as a support, service, modification, supplementary aid or accommodation for a student. If a student has an IEP or a Section 504 plan, the student’s use of a service animal may be noted as a “special alert.”

Adopted: 8/20/13

Policy 3230, Public Complaints

Complaints by citizens regarding any facet of the school operation often can be handled more satisfactorily by the administrative officer in charge of the unit closest to the source of the complaint. In most instances, therefore, complaints will be made to the Building Principal and/or his/her assistant if the matter cannot be resolved by the teacher, coach, or other school employee.

If the complaint and related concerns are not resolved at this level to the satisfaction of the complainant, the complaint may be carried to the Superintendent and/or one of his/her assistants. Unresolved complaints at the building level must be reported to the Superintendent by the Building Principal. The Superintendent may require the statement of the complainant in writing.

If the complaint and related concerns are not resolved at the Superintendent level to the satisfaction of the complainant, the complaint may be carried to the Board of Education. Unresolved complaints at the Superintendent level must be reported to the Board of Education by the Superintendent. The Board of Education reserves the right to require prior written reports from appropriate parties.

NOTE: Refer also to Policies #3420 — Non-Discrimination and Anti-Harassment in the School District; #8330 — Objection to Instructional Materials; #8331 — Controversial Issues; District Code of Conduct on School Property

Adopted: 6/19/12

Policy 3240, Student Participation

Students provide an important channel of communication with parents and the entire community. Information concerning the schools may be properly disseminated through students. The School District’s administrators shall review all messages and materials prior to authorizing their dispersal through the student body.

Adopted: 6/19/12

Policy 3250, Parent-Teacher Association

The Board of Education recognizes that the goal of the Parent-Teacher Association is to develop a united effort between educators and the general public to secure for every child the highest achievement in physical, academic and social education. Therefore, staff members and parents are encouraged to join the Parent-Teacher Association and to participate actively in its programs.

Adopted: 6/19/12

Policy 3271, Solicitation of Charitable Donations

School Children

Direct solicitation of charitable donations from children in the District schools on school property during regular school hours shall not be permitted. It will be a violation of District policy to ask District school children directly to contribute money or goods for the benefit of a charity during the hours in which District students are compelled to be on school premises.

However, this policy does not prevent the following types of fund raising activities:
a) Fund raising activities which take place off school premises, or outside of regular school hours during before-school or after-school extracurricular periods;
b) Arms-length transactions, where the purchaser receives a consideration for his/her donation. For example, the sale of goods or tickets for concerts or social events, where the proceeds go to charity, shall not be prohibited as the purchaser will receive consideration – the concert or social event – for the funds expended;
c) Indirect forms of charitable solicitation on school premises that do not involve coercion, such as placing a bin or collection box in a hallway or other common area for the donation of food, clothing, other goods or money. However, collection of charitable contributions of food, clothing, other goods or funds from students in the classroom or homeroom is prohibited.

The Board of Education shall ultimately decide which organizations, groups, etc. can solicit charitable donations and for what purposes, as long as the activities comply with the terms of this policy and the Rules of the Board of Regents.

Regulations shall be developed by the administration to implement this policy.

School Personnel

Soliciting of funds from school personnel by persons or organizations representing public or private organizations shall be prohibited. The Superintendent of Schools shall have the authority to make exceptions to this policy in cases where such solicitation is considered to be in the District’s best interest. The Board of Education shall be notified of these instances.

Distribution of information about worthwhile area charities may be made through the Office of the Superintendent of Schools as a service to School District personnel.

New York State Constitution Article 8, Section 1
Education Law Section 414
8 NYCRR Section 19.6

NOTE: Refer also to Policy #7450 — Fund Raising by Students

Adopted: 6/19/12

Policy 3272, Advertising in the Schools

Neither the facilities, the staff, nor the students of the School District shall be employed in any manner for advertising or otherwise promoting the interests of any commercial, political, or other non-school agency, individual or organization, except that:
a) Schools may cooperate in furthering the work of any non-profit, community-wide, social service agency, provided that such cooperation does not restrict or impair the educational program of the schools or conflict with the Rules of the Board of Regents Section 19.6;
b) The schools may use films or other educational materials bearing only simple mention of the producing firm;
c) The Superintendent of Schools may, at his/her discretion, announce or authorize to be announced, any lecture or other community activity of particular educational merit;
d) The schools may, upon approval of the Superintendent of Schools, cooperate with any agency in promoting activities in the general public interest that are non-partisan and non-controversial, and that promote the education and other best interests of the students.

No materials of a commercial nature shall be distributed through the children in attendance in the Watervliet City School District except as authorized by law or the Commissioner’s Regulations.

New York State Constitution Article 8, Section 1
8 NYCRR Section 19.6

Adopted: 6/19/12

Policy 3280, Use of School Facilities, Materials and Equipment

School Facilities

It is the policy of the Board to encourage the greatest possible use of school facilities for community-wide activities. This is meant to include those uses permitted by New York State law. Groups wishing to use the school facilities must secure written permission from the Board of Education or its designee and abide by the rules and regulations established for such use including restrictions on alcohol, tobacco and drug use.

The District reserves the right to charge a fee for the use of its facilities in a manner consistent with law, and on terms specified in regulation or by agreement with such organizations.

Materials and Equipment

Except when used in connection with or rented under provisions of Education Law Section 414, school-owned materials or equipment may be used for school related purposes only. Private and/or personal use of school-owned materials and equipment is strictly prohibited. The loan of equipment and materials for public purposes that serve the welfare of the community is allowed, as long as the equipment is not needed at that time for school purposes and that the proposed use will not disrupt normal school operations.

The Board will permit school materials and equipment to be loaned to staff members when such use is directly or peripherally related to their employment, and to students when the material and equipment is to be used in connection with their studies or extracurricular activities. Community members will be allowed to use school-owned materials and equipment only for educational purposes that relate to school operations. The Board will also allow the loan of equipment to local governments and other entities that benefit the welfare of the surrounding community. The Board supports such inter-municipal cooperation as it saves taxpayer monies and is a more efficient use of scarce or costly equipment and resources.

The District will develop administrative regulations to assure that use of school-owned materials and/or equipment complies with the letter and spirit of this policy, including a description of the respective rights and responsibilities of the School District/lender and borrower in relation to such materials and equipment.

Education Law Section 414
NY Constitution Article 8
NOTE: Refer also to Policies #3281 — Use of Facilities by the Boy Scouts of America and Patriotic Youth Groups; #3410 — Code of Conduct on School Property; #5640 — Smoking/Tobacco Use; #7320 — Alcohol, Tobacco, Drugs and Other Substances (Students); #7410 — Extracurricular Activities
District Code of Conduct

Adopted: 6/19/12
Revised: 6/18/13; 2/11/14

Policy 3281, Use of Facilities by the Boy Scouts of America and Patriotic Youth Groups

To the extent the District receives funds made available through the United States Department of Education and maintains a “designated open forum” or a “limited public forum,” as those terms are defined in federal regulation, it will not deny any group officially affiliated with the Boy Scouts of America or any other patriotic youth group listed in Title 36 of the United States Code equal access or a fair opportunity to meet. Likewise, the District will not discriminate against any such group that requests to conduct a meeting within the District’s designated open forum or limited public forum, including denying such access or opportunity or discriminating for reasons based on the group’s membership or leadership criteria or oath of allegiance to God and country.

The District will provide groups officially affiliated with the Boy Scouts of America or other Title 36 patriotic youth group access to facilities and the ability to communicate using school-related means of communication on terms that are no less favorable than the most favorable terms provided to other outside youth or community groups.

The District is not required to sponsor any group officially affiliated with Boy Scouts or any other Title 36 patriotic youth group.

20 USC Section 7905
36 USC Subtitle II
34 CFR Parts 75, 76 and 108
NOTE: Refer also to Policy #3280 – Use of School Facilities, Materials and Equipment

Adopted: 2/11/14

Policy 3290, Operation of Motor-Driven Vehicles on District Property

The use of motor-driven vehicles, including cars, snowmobiles, mini-bikes, motorcycles, all-terrain vehicles (ATV’s) and other such vehicles is prohibited on any school grounds or areas except for authorized school functions or purposes.

A school function shall mean a school-sponsored or school-authorized extracurricular event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state.

All student vehicles are to be registered with the High School Principal and parked in authorized areas only.

Education Law Section 2801(1)
Vehicle and Traffic Law Section 1670

Adopted: 6/19/12

Policy 3310, Public Access to Records

Section 1. Records Access Officer

For the purpose of these regulations, a Records Access Officer shall be designated by the Superintendent of Schools, subject to Board approval. This officer shall be the District Clerk of the Watervliet City School District (“District”), 1245 Hillside Drive, Watervliet, NY 12189. The District shall provide copies of records in the format and on the medium requested if the district can reasonably do so. The District may charge a reasonable fee for requests that require a large volume of material and/or time to fully comply.

Section 2. Submission of Requests for Inspection or Copies of Records

All requests for inspection or copies of records shall be made to the Records Access Officer at the address set forth in Section 1 hereof. The District shall accept requests for records submitted via electronic mail and respond to such requests using the forms required by the district (Appendix A). Electronic mail requests should be sent to: bboardman@vlietschools.org. The district does not respond to FOIL requests via Dropbox, portals, or links determined to be suspicious. Download Appendix A: Application for Public Access to Records

Section 3. Times When Records are Available

Requests to inspect or secure copies of records may be made on any business day between the hours of 8:00 am. and 3:00 p.m. The Records Access Officer or her authorized representative must be in attendance during the inspection or copying of records. Should the designated Records Access Officer and her authorized representative be unavailable due to professional commitment, then at the very earliest convenience, an appointment shall be made with the person or persons who have requested to inspect or copy records.

Section 4. Procedures

The following procedures shall be followed in connection with requests to
inspect or secure copies of records:

A. Requests to inspect or secure copies of records pursuant to Section 3 hereof shall be submitted to the Records Access Officer on the FOIL request form; a copy of which is annexed hereto as Appendix “A.” These forms shall be available in the Office of the Records Access Officer.

B. The Records Access Officer will determine and advise the requester
whether the records specified in the request are available for inspection and copying, within five (5) business days of the receipt of the written request thereof.

If for any reason more than five (5) business days are required to produce records, the District shall acknowledge receipt of the request within 5 working days after the request is received. The acknowledgment will include a brief explanation of the reason for the delay and an estimate of the date production or denial will be forthcoming, which will be within 20 working days unless otherwise noted.

C. Access will be denied to records or portions thereof that:

1. are specifically exempted from disclosure by State or Federal statute;

2. if disclosed would constitute an unwarranted invasion of personal privacy;

3. if disclosed would impair present or imminent contract award or collective bargaining negotiations;

4. if disclosed would endanger the life or safety of any person;

5. are interagency materials which are not: statistical or factual tabulations or data; instructions to staff that affect the public; or final agency policy or determinations;

6. are examination questions or answers which are requested prior to the final administration of such questions.

An unwarranted invasion of personal privacy as set forth in paragraph C.2 hereof, includes, but shall not be limited to:

1. disclosure of employment, medical or credit histories or personal references of applicants for employment;

2. disclosure of items involving the medical or personal records of students;

3. sale or release of lists of names and addresses if such lists would be used for commercial or fund-raising purposes;

4. disclosure of information of a personal nature when disclosure would result in economic or personal hardship to the subject party and such information is not relevant to the work of the agency requesting or maintaining it; or

5. disclosure of information of a personal nature reported in confidence to District personnel and not relevant to the ordinary work of the District.

D. With respect to records that are determined to be available, the Records Access Officer will direct the requester to the place where the requested records may be inspected and will arrange for the preparation and certification of copies upon tender of a required fee as permitted by state law.

E. With respect to records that are determined not to be available, the Records Access Officer will certify upon request form that the District does not possess the record or that it could not be found after diligent search and return one copy of the form to the requester.

F. Records may be inspected only at the office or location where they are regularly maintained.

G. Requests by mail for copies of available records may be addressed to the Records Access Officer and will be honored upon payment of the regular fee (see Section 6-Fees), provided the requested record is sufficiently identified to make compliance practical.

Section 5. Appeals

  1. A. In the event that the Records Access Officer shall deny a request,
    requestor may appeal such denial to the Superintendent of Schools.
  2. All such appeals must be delivered to the Office of the Superintendent within thirty (30) days after the denial from which such appeal is taken.
  3. Appeals will be determined by the Superintendent or his/her authorized representative. This representative shall within seven (7) days of receipt of such appeal, fully explain in writing the reasons for the denial or provide access to the record.

Section 6. Fees

A. The fees for copies of available records shall be as follows:

  1. Pages not larger than 9 inches by 14 inches: 25 cents per page.
  2. Pages larger than 9 inches by 14 inches: 35 cents per page.
  3. Other permissible fees for requests that require a large volume of material and/or time to fully comply.
     
    B. Fees shall be paid by cash, check, or money order payable to the Watervliet City School District. Receipts will be issued to those paying the required fee.

Legal Reference: Public Officers Law, Sec. 87-90
Revised and Adopted: December 13, 2022

Policy 3320, Confidentiality of Computerized Information

The development of centralized computer banks of educational data gives rise to the question of the maintenance of confidentiality of such data while still conforming to the New York State Freedom of Information Law. The safeguarding of confidential data from inappropriate use is essential to the success of the District’s operation. Access to confidential computerized data shall be limited only to authorized personnel of the School District.

It shall be a violation of the District’s policy to release confidential computerized data to any unauthorized person or agency. Any employee who releases or otherwise makes improper use of such computerized data shall be subject to disciplinary action.

However, if the computerized information sought is available under the Freedom of Information Law and can be retrieved by means of existing computer programs, the District is required to disclose such information.

Family Educational Rights and Privacy Act of 1974, 20 USC Section 1232(g)
34 CFR Part 99
Public Officers Law Section 84 et seq.

Adopted: 6/19/12

Policy 3410, Code of Conduct on School Property

The District has developed and will amend, as appropriate, a written Code of Conduct for the Maintenance of Order on School Property, including school functions, which shall govern the conduct of students, teachers and other school personnel, as well as visitors and/or vendors. The Board of Education shall further provide for the enforcement of such Code of Conduct.

For purposes of this policy, and the implemented Code of Conduct, school property means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of the District’s elementary or secondary schools, or in or on a school bus; and a school function shall mean a school-sponsored extracurricular event or activity regardless of where such event or activity takes place, including those that take place in another state.

The District Code of Conduct has been developed in collaboration with student, teacher, administrator, and parent organizations, school safety personnel and other school personnel.

The Code of Conduct shall include, at a minimum, the following:
a) Provisions regarding conduct, dress and language deemed appropriate and acceptable on school property and at school functions, and conduct, dress and language deemed unacceptable and inappropriate on school property; provisions regarding acceptable civil and respectful treatment of teachers, school administrators, other school personnel, students and visitors on school property and at school functions; the appropriate range of disciplinary measures which may be imposed for violation of such Code; and the roles of teachers, administrators, other school personnel, the Board of Education and parents/persons in parental relation to the student;
b) Provisions prohibiting discrimination, bullying and/or harassment against any student, by employees or students on school property, at a school function, or off school property when the actions create or would foreseeably create a risk of substantial disruption within the school environment or where it is foreseeable that the conduct might reach school property, that creates a hostile environment by conduct, with or without physical contact, threats, intimidation or abuse (verbal or non-verbal), of such a severe nature that:

1. Has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional and/or physical well-being; or
2. Reasonably causes or would reasonably be expected to cause a student to fear for his/her physical safety.

When the term “bullying” is used, even if not explicitly stated, such term includes cyberbullying, meaning such harassment or bullying that occurs through any form of electronic communication.

Such conduct shall include, but is not limited to, threats, intimidation, or abuse based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender as defined in Education Law Section 11(6), or sex; provided that nothing in this subdivision shall be construed to prohibit a denial of admission into, or exclusion from, a course of instruction based on a person’s gender that would be permissible under Education Law Sections 3201-a or 2854(2) (a) and Title IX of the Education Amendments of 1972 (20 USC Section 1681, et seq.), or to prohibit, as discrimination based on disability, actions that would be permissible under 504 of the Rehabilitation Act of 1973;

c) Standards and procedures to assure security and safety of students and school personnel;
d) Provisions for the removal from the classroom and from school property, including a school function, of students and other persons who violate the Code;
e) Provisions prescribing the period for which a disruptive student may be removed from the classroom for each incident, provided that no such student shall return to the classroom until the Principal (or his/her designated School District administrator) makes a final determination pursuant to Education Law Section 3214(3-a)I or the period of removal expires, whichever is less;
f) Disciplinary measures to be taken for incidents on school property or at school functions involving the use of tobacco, the possession or use of illegal substances or weapons, the use of physical force, vandalism, violation of another student’s civil rights, harassment and threats of violence;
g) Provisions for responding to acts of discrimination, bullying and/or harassment against students by employees or students on school property, at a school function, or off school property when the actions create or would foreseeably create a risk of substantial disruption within the school environment or where it is foreseeable that the conduct might reach school property, pursuant to clause (b) of this subparagraph;
h) Provisions for detention, suspension and removal from the classroom of students, consistent with Education Law Section 3214 and other applicable federal, state and local laws, including provisions for school authorities to establish procedures to ensure the provision of continued educational programming and activities for students removed from the classroom, placed in detention, or suspended from school, which shall include alternative educational programs appropriate to individual student needs;
i) Procedures by which violations are reported and determined, and the disciplinary measures imposed and carried out;
j) Provisions ensuring the Code of Conduct and its enforcement are in compliance with state and federal laws relating to students with disabilities;
k) Provisions setting forth the procedures by which local law enforcement agencies shall be notified of Code violations which constitute a crime;
l) Provisions setting forth the circumstances under and procedures by which parents/persons in parental relation to the student shall be notified of Code violations;
m) Provisions setting forth the circumstances under and procedures by which a complaint in criminal court, a juvenile delinquency petition or person in need of supervision (“PINS”) petition as defined in Articles 3 and 7 of the Family Court Act will be filed;
n) Circumstances under and procedures by which referral to appropriate human service agencies shall be made;
o) A minimum suspension period for students who repeatedly are substantially disruptive of the educational process or substantially interfere with the teacher’s authority over the classroom, provided that the suspending authority may reduce such period on a case-by-case basis to be consistent with any other state and federal law. For purposes of this requirement, as defined in Commissioner’s Regulations, “repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom” shall mean engaging in conduct which results in the removal of the student from the classroom by teacher(s) pursuant to the provisions of Education Law Section 3214(3-a) and the provisions set forth in the Code of Conduct on four (4) or more occasions during a semester, or three (3) or more occasions during a trimester, as applicable;
p) A minimum suspension period for acts that would qualify the student to be defined as a violent student pursuant to Education Law Section 3214(2-a)(a). However, the suspending authority may reduce the suspension period on a case-by-case basis consistent with any other state and federal law;
q) A Bill of Rights and Responsibilities of Students which focuses upon positive student behavior and a safe and supportive school climate, which shall be written in plain-language, publicized and explained in an age-appropriate manner to all students on an annual basis; and
r) Guidelines and programs for in-service education programs for all District staff members to ensure effective implementation of school policy on school conduct and discipline, including but not limited to, guidelines on promoting a safe and supportive school climate while discouraging, among other things, discrimination, bullying and/or harassment against students by students and/or school employees; and including safe and supportive school climate concepts in the curriculum and classroom management.

The District’s Code of Conduct shall be adopted by the Board of Education only after at least one (1) public hearing that provided for the participation of school personnel, parents/persons in parental relation, students, and any other interested parties.

The Code of Conduct shall be reviewed on an annual basis, and updated as necessary in accordance with law. The District may establish a committee pursuant to Education Law Section 2801(5)(a) to facilitate review of its Code of Conduct and the District’s response to Code of Conduct violations. The School Board shall reapprove any updated Code of Conduct or adopt revisions only after at least one (1) public hearing that provides for the participation of school personnel, parents/persons in parental relation, students, and any other interested parties. The District shall file a copy of its Code of Conduct and any amendments with the commissioner, in a manner prescribed by the Commissioner, no later than thirty (30) days after their respective adoptions.

The Board of Education shall ensure community awareness of its Code of Conduct by:
a) Posting the complete Code of Conduct on the Internet website, if any, including any annual updates and other amendments to the Code;
b) Providing copies of a summary of the Code of Conduct to all students in an age-appropriate version, written in plain language, at a school assembly to be held at the beginning of each school year;
c) Providing a plain language summary of the Code of Conduct to all parents or persons in parental relation to students before the beginning of each school year and making the summary available thereafter upon request;
d) Providing each existing teacher with a copy of the complete Code of Conduct and a copy of any amendments to the Code as soon as practicable following initial adoption or amendment of the Code. New teachers shall be provided a complete copy of the current Code upon their employment; and
e) Making complete copies available for review by students, parents or persons in parental relation to students, other school staff and other community members.

Privacy Rights

As part of any investigation, the District has the right to search all school property and equipment including District computers. Rooms, desks, cabinets, lockers, computers, etc. are provided by the District for the use of staff and students, but the users do not have exclusive use of these locations or equipment and should not expect that materials stored therein will be private.

Education Law Article 2, Sections 801-a, 2801 and 3214
Family Court Act Articles 3 and 7
Vehicle and Traffic Law Section 142
8 NYCRR Section 100.2
NOTE: Refer also to District Code of Conduct on School Property

Adopted: 6/19/12
Revised: 5/13/14

Policy 3411, Prohibition of Weapons on School Grounds

With the exception of law enforcement officers, as permitted by law, and individuals who have the express written permission of the Board of Education or its designee, no person may have in his/her possession any weapon on school grounds, in any District building, on a school bus or District vehicle, or at any school sponsored activity or setting under the control and supervision of the District. This prohibition shall include, but not be limited to: any of the objects or instruments referred to in Section 265.01 of the New York State Penal Law; any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring, air, piston or CO2 cartridge; and any object that could be considered a reasonable facsimile of a weapon.

Penal Law Sections 265.01-265.06
NOTE: Refer also to Policies #3410 — Code of Conduct on School Property; 
#7313 — Suspension of Students; #7360 — Weapons in School and the Gun-Free Schools Act

Adopted: 6/19/12
Revised: 7/1/14

Policy 3412, Threats of Violence in School

The School District is committed to the prevention of violence against any individual or property in the schools, on school property or at school activities whether such acts and/or threats of violence are made by students, staff, or others. Threats of violence against students, school personnel and/or school property will not be tolerated whether or not such threats occur on school grounds or during the school day.

Any person who commits an act or threatens an act of violence, including bomb threats, whether made orally, in writing, by email, or by any other electronic format, shall be subject to appropriate discipline in accordance with applicable law, District policies and regulations, as well as the Code of Conduct on School Property and collective bargaining agreements, as may be necessary.

While acknowledging an individual’s constitutional rights, including applicable due process rights, the District refuses to condone acts and/or threats of violence which threaten the safety and well-being of staff, students, visitors and/or the school environment. Employees, students, agents and invitees shall refrain from engaging in threats or physical actions which create a safety hazard for others.

All staff who are made aware of physical acts and/or threats of violence directed to students or staff are to report such incidents to the Building Principal/designee, who shall report such occurrences to the Superintendent. Additionally, the Building Principal/designee will also report occurrences of violence, whether involving an actual confrontation or threat of potential violence, to the school psychologist and/or Director of Special Education if applicable. Local law enforcement agencies may be called as necessary upon the determination of the Superintendent/designee.

Students are to report all acts and/or threats of violence, including threats of suicide, of which they are aware by reporting such incidents to the school hotline, a faculty member, or the Building Principal.

The District reserves the right to seek restitution, in accordance with law, from the parent/guardian and/or student for any costs or damages which had been incurred by the District as a result of the threats or acts of violence in the schools.

This policy will be enforced in accordance with applicable laws and regulations, as well as collective bargaining agreements and the Code of Conduct as may be necessary. Additionally, this policy will be disseminated, as appropriate, to students, staff, and parents and will be available to the general public upon request.

Appropriate sanctions for violations of this policy by students will be addressed in the Code of Conduct.

Adopted: 6/19/12
Revised: 6/18/13

Policy 3420, Non-Discrimination and Anti-Harassment in the School District

Overview

The District is committed to creating and maintaining an environment which is free from discrimination and harassment. This policy addresses complaints of discrimination and/or harassment made under applicable federal and state laws and regulations, as well as any applicable District policy, regulation, procedure, or other document such as the District’s Code of Conduct. It is just one component of the District’s overall commitment to maintaining a discrimination and harassment-free educational and work environment.

In accordance with applicable federal and state laws and regulations, the District does not discriminate on the basis of any legally protected class or category in its education programs and activities or when making employment decisions. Further, the District prohibits discrimination and harassment on school property and at school functions on the basis of any legally protected class including, but not limited to:

  1. Race;
  2.  Color;
  3. Religion;
  4. Disability;
  5. National origin;
  6. Sexual orientation;
  7. Gender identity or expression;
  8.  Military status;
  9. Sex;
  10.  Age; and
  11. Marital status

The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of discrimination and/or harassment. The District will promptly respond to reports of discrimination and/or harassment, 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)).

Scope and Application

This policy outlines the District’s general approach to addressing complaints of discrimination and/or harassment. This policy applies to the dealings between or among the following parties on school property and at school functions:

  1.  Students;
  2.  Employees;
  3.  Applicants for employment;
  4.  Paid or unpaid interns;
  5.  Anyone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or other person providing services pursuant to a contract in the workplace;
  6.  Volunteers; and
  7.  Visitors or other third parties.

Further, discrimination and/or harassment that occurs off school property and somewhere other than a school function can disrupt the District’s educational and work environment. This conduct can occur in-person or through phone calls, texts, emails, or social media. Accordingly, conduct or incidents of discrimination and/or harassment that create or foreseeably create a disruption within the District may be subject to this policy in certain circumstances.

Other District policies and documents such as regulations, procedures, collective bargaining agreements, and the District’s Code of Conduct may address misconduct related to discrimination and/or harassment and may provide for additional, different, or more specific grievance procedures depending on a number of factors including, but not limited to, who is involved, where the alleged discrimination and/or harassment occurred, and the basis of the alleged discrimination and/or harassment. These documents must be read in conjunction with this policy.

The dismissal of a complaint under one policy or document does not preclude action under another related District policy or document.

Definitions

For purposes of this policy, the following definitions apply:

  1. “School property” means in or within any building, structure, athletic playing field, playground, parking lot, or land contained within the real property boundary line of any District elementary or secondary school, or in or on a school bus or District vehicle.
  2.  “School function” means a school-sponsored or school-authorized extracurricular event or activity regardless of where the event or activity takes place, including any event or activity that may take place virtually or in another state.

What Constitutes Discrimination and Harassment

Determinations as to whether conduct or an incident constitutes discrimination and/or harassment will be made consistent with applicable federal and state laws and regulations, as well as any applicable District policy, regulation, procedure, or other document such as the District’s Code of Conduct. These determinations may depend upon a number of factors, including, but not limited to: the particular conduct or incident at issue; the ages of the parties involved; the context in which the conduct or incident took place; the relationship of the parties to one another; the relationship of the parties to the District; and the protected class or characteristic that is alleged to have been the basis for the conduct or incident. The examples below are intended to serve as a general guide for individuals in determining what may constitute discrimination and/or harassment. These examples should not be construed to add or limit the rights that individuals and entities possess as a matter of law.

Generally stated, discrimination consists of the differential treatment of a person or group of people on the basis of their membership in a legally protected class. Discriminatory actions may include, but are not limited to: refusing to promote or hire an individual on the basis of his or her membership in a protected class; denying an individual access to facilities or educational benefits on the basis of his or her membership in a protected class; or impermissibly instituting policies or practices that disproportionately and adversely impact members of a protected class.

Generally stated, harassment consists of subjecting an individual, on the basis of his or her membership in a legally protected class, to unwelcome verbal, written, or physical conduct which may include, but is not limited to: derogatory remarks, signs, jokes, or pranks; demeaning comments or behavior; slurs; mimicking; name calling; graffiti; innuendo; gestures; physical contact; stalking; threatening; bullying; extorting; or the display or circulation of written materials or pictures.

This conduct may, among other things, have the purpose or effect of: subjecting the individual to inferior terms, conditions, or privileges of employment; creating an intimidating, hostile, or offensive environment; substantially or unreasonably interfering with an individual’s work or a student’s educational performance, opportunities, benefits, or well-being; or otherwise adversely affecting an individual’s employment or educational opportunities. Petty slights or trivial inconveniences generally do not constitute harassing conduct.

Civil Rights Compliance Officer

*The District has designated the following District employee(s) to serve as its CRCO(s):

  • David Wareing, Assistant Principal Watervliet Jr Sr High School, 1245 Hillside Drive Watervliet NY 12189, dwareing@vlietschools.org
  • Kirsten DeMento, Director of Educational Programs, Accountability & UPK, Watervliet Elementary School, 2557 10th Ave, Watervliet NY 12189, kdemento@vlietschools.org

The CRCO(s) will coordinate the District’s efforts to comply with its responsibilities under applicable non-discrimination and anti-harassment laws and regulations including, but not limited to: the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and the Age Discrimination Act of 1975.

Where appropriate, the CRCO(s) may seek the assistance of other District employees, such as the District’s Title IX Coordinator(s) or Dignity Act Coordinator(s) (DAC(s)), or third parties in investigating, responding to, and remedying complaints of discrimination and/or harassment.

Reporting Allegations of Discrimination and/or Harassment

Any person may report discrimination and/or harassment regardless of whether they are the alleged victim or not. Reports may be made in person, by using the contact information for the CRCO, or by any other means that results in the CRCO 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 CRCO.

Reports of discrimination and/or harassment may also be made to any other District employee including a supervisor or building principal. All reports of discrimination and/or harassment will be immediately forwarded to the CRCO. Reports may also be forwarded to other District employees depending on the allegations.

All District employees who witness or receive an oral or written report of discrimination and/or harassment must immediately inform the CRCO. Failure to immediately inform the CRCO may subject the employee to discipline up to and including termination.

In addition to complying with this policy, District employees must comply with any other applicable District policy, regulation, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct. Applicable documents include, but are not limited to, the District’s policies, regulations, and procedures related to Title IX, sexual harassment in the workplace, and the Dignity for All Students Act (DASA).

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.

Grievance Process for Complaints of Discrimination and/or Harassment

The District will act to promptly, thoroughly, and equitably investigate all complaints, whether oral or written, of discrimination and/or harassment based on any legally protected class and will promptly take appropriate action to protect individuals from further discrimination and/or harassment. The CRCO will oversee the District’s investigation of all complaints of discrimination and/or harassment. In the event an anonymous complaint is filed, the District will respond to the extent possible.

If an investigation reveals that discrimination and/or harassment based on a legally protected class has occurred, the District will take immediate corrective action as warranted. This action will be taken in accordance with applicable federal and state laws and regulations, 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.

Knowingly Makes False Accusations

Any employee or student who knowingly makes false accusations against another individual as to allegations of discrimination and/or harassment will face appropriate disciplinary action.

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 and/or harassment.

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 and/or harassment has not resumed and that those involved in the investigation have not suffered retaliation.

Confidentiality

To the extent possible, all complaints will be treated as confidential. Disclosure may be necessary in certain circumstances such as to complete a thorough investigation and/or notify law enforcement officials. All disclosures will be in accordance with law and regulation.

Training

In order to promote familiarity with issues pertaining to discrimination and harassment in the District, and to help reduce incidents of prohibited conduct, the District will provide appropriate information and/or training to employees and students. As may be necessary, special training will be provided for individuals involved in the handling of discrimination and/or harassment complaints.

Notification

Prior to the beginning of each school year, the District will issue an appropriate public announcement or publication which advises students, parents or legal guardians, employees, and other relevant individuals of the District’s established grievance process for resolving complaints of discrimination and/or harassment. This announcement or publication will include the name, office address, telephone number, and email address of the CRCO(s). The District’s website will reflect current and complete contact information for the CRCO(s).

A copy of this policy and its corresponding regulations and/or procedures will be available upon request and will be posted and/or published in appropriate locations and/or District publications.

Additional Provisions

Regulations and/or procedures will be developed for reporting, investigating, and remedying allegations of discrimination and/or harassment.

42 USC § 1324b
Age Discrimination Act of 1975, 42 USC § 6101 et seq.
Age Discrimination in Employment Act of 1967 (ADEA), 29 USC § 621 et seq.
Americans with Disabilities Act (ADA), 42 USC § 12101 et seq.
Equal Educational Opportunities Act of 1974, 20 USC § 1701 et seq.
Genetic Information Non-Discrimination Act (GINA), 42 USC § 2000ff et seq.
National Labor Relations Act (NLRA), 29 USC § 151 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 VII of the Civil Rights Act of 1964, 42 USC § 2000e et seq.
Title IX, 20 USC § 1681 et seq.
USERRA, 38 USC § 4301 et seq.
28 CFR Part 35
29 CFR Chapter I – National Labor Relations Board
29 CFR Chapter XIV – Equal Employment Opportunity Commission
34 CFR Parts 100, 104, 106, 110, and 270
Civil Rights Law §§ 40, 40-c, 47-a, 47-b, 48-a, and 115
Correction Law § 752
Education Law §§ 10-18, 313, 313-a, 2801, 3201, and 3201-a
Labor Law §§ 194-a, 201-d, 201-g, 203-e, 206-c, 215
New York State Human Rights Law, Executive Law § 290 et seq.
Military Law §§ 242, 243, and 318
8 NYCRR § 100.2
9 NYCRR § 466 et seq.

NOTE: Refer also to Policies #3421 — Title IX and Sex Discrimination
#6120 — Equal Employment Opportunity
#6121 — Sexual Harassment in the Workplace
#6122 — Employee Grievances
#7550 — Dignity for All Students
#7551 — Sexual Harassment of Students
#8130 — Equal Educational Opportunities
District Code of Conduct

Adoption Date: BOE Adopted March 11, 2021

Policy 3430, Uniform Violent and Disruptive Incident Reporting System (VADIR)

In compliance with the Uniform Violent and Disruptive Incident Reporting System (VADIR), the District will record each violent or disruptive incident that occurs on school property or at a school function. School property shall mean in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school; or in or on a school bus as defined in Vehicle and Traffic Law Section 142. A school function shall mean a school-sponsored or school-authorized extracurricular event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state.

In accordance with the manner prescribed, the District will submit an annual report of violent and disruptive incidents (on the Summary of Violent and Disruptive Incidents form) from the previous school year to the Commissioner of Education. Summary data will be used to determine the rate of violent and disruptive incidents in each school and to identify schools as persistently dangerous, as required by the No Child Left Behind Act.

The District will utilize the Individual Violent and Disruptive Incident Report form for the reporting of individual incidents by each building and/or program under its jurisdiction and for the tally count of incidents into the Summary Form. Copies of such incident reports will be retained for the time prescribed by the Commissioner in the applicable records retention schedule. These reports will be available for inspection by the State Education Department upon request.

All personally identifiable information included in a violent or disruptive incident report will be confidential and will not be disclosed to any person for any purpose other than that specified in Education Law Section 2802, except as otherwise authorized by law.

The District will include a summary of the District’s annual violent or disruptive incident report in its School District Report Card in the format prescribed by the Commissioner.

Reporting Guidelines

The District will utilize the New York State Education Department’s website to obtain copies of the forms, directions, glossary and additional information.

Education Law Sections 2801(1) and 2802
Vehicle and Traffic Law Section 142
8 NYCRR Section 100.2 (gg)

Adopted: 6/19/12

Policy 3510, Emergency School Closings

In the event it is necessary to close school for the day, activate a delayed starting time or early dismissal (as well as information relating to cancellation of after-school activities/late bus runs), due to inclement weather, impassable roads, or other emergency reasons, announcement thereof shall be made over local radio and television stations and the Internet/District Website as designated by the Board of Education.

When school is closed, all related activities, including athletic events and student activities, will ordinarily be suspended for that day and evening.
The attendance of personnel shall be governed by their respective contracts.

Education Law Section 3604(7)

Adopted: 6/19/12