Students
are the focal point of all district operations and must receive the primary
attention of the Board of Education and all staff members. Consequently, the Board will spend most of
its time in study, deliberation, and policy formulation on matters directly
related to student welfare.
The
Board recognizes the individual worth of each student. The Board and staff accept the
responsibility of helping each student to develop his/her capacity for
intellectual, physical, emotional, and social growth. The Board acknowledges that a student's growth is influenced by
his/her environment, both at home and in school. Therefore, the school district shall strive to create an
environment in which the student may learn to live and adapt successfully in an
ever-changing world, in order to become a responsible and productive member of
society.
The
Board and district staff shall work together to achieve the following goals:
1. to tailor the learning program to each
student's learning styles, interests, and aspirations;
2. to protect and observe the legal rights
of students;
3. to enhance the self-image of each
student by helping him/her feel respected and worthy through a learning
environment that provides positive encouragement through frequent success;
4. to provide an environment in which
students can learn personal and civic responsibility for their actions through
meaningful experiences as school citizens; and
5. to
promote faithful attendance and good work.
Adoption date: January 20, 1998
EQUAL EDUCATIONAL
OPPORTUNITIES
Every
individual should be encouraged to develop and achieve to his or her
potential. The district therefore shall
provide every student with equal educational opportunities regardless of race,
color, creed, sex, national origin, religion, age, economic status, marital
status, or disability.
An
educational environment will be fostered that provides equal educational
opportunity for all students.
Educational programs and services will be designed to meet the needs of
all students and shall not discriminate based upon any of the above-mentioned
factors. No student will be excluded on
such basis from participating in or having access to any course offerings,
student athletics, counseling services, employment assistance, extracurricular
activities or other school resources.
Ref: Americans with Disabilities Act of 1990,
42 USC §§12131-12134
Civil
Rights Act of 1964, as amended in 1972, Title VI, Title VII
Executive Order 11246, 1965, amended
by Executive Order 11375
Educational
Amendments of 1972, Title IX; 45 CFR, Parts 81, 86
Education
for all Handicapped Children Act (P.L. 94-142)
Vocational
Rehabilitation Act of 1973, §504
Brown v. Board of Education, 347 U.S. 483 (1954)
Adoption date: January 20, 1998
SEXUAL HARASSMENT OF STUDENTS
Sexual
harassment in an educational environment is illegal. Therefore, the Sachem Central School District’s Board of
Education condemns all sexual harassment and further forbids all students from
engaging in such activity. The Board
also strongly opposes and forbids any retaliatory behavior against complainants
and witnesses. The Board is committed
to maintaining a learning environment that is free from all forms of sexual
harassment.
The
Equal Employment Opportunity Commission’s (EEOC) definition of sexual
harassment will be applied by the Board to the educational environment as
follows:
Sexual
harassment consists of unwelcome sexual advances, requests for sexual favors,
and other verbal or physical conduct of a sexual nature when:
1. submission to such conduct is made
either explicitly or implicitly a term or condition of a student’s right to a
fair and equal educational opportunity;
2. submission to or rejection of such
conduct by a student is used as the basis for educational decisions affecting
such student; or
3. such conduct has the purpose or effect
of unreasonably interfering with a student’s performance or creating an
intimidating, hostile, or offensive learning environment.
Conduct
is deemed to be sexual harassment when it consists of unwelcome conduct of a
sexual nature. Sexual harassment is not
dependent upon the alleged harasser’s intention. The Board recognizes that sexual harassment can originate from a
person of either sex against a person of the opposite or same sex, and from
peers as well as district employees or visitors.
Students
who believe that they have been subjected to sexual harassment should report
the conduct immediately to the designated compliance office to handle such complaints, so that an investigation
can begin at once. In the absence of a
victim’s complaint, the Board, upon learning of or having a reasonable basis to
suspect the occurrence of sexual harassment, will cause an investigation to be promptly
commenced by appropriate individuals.
The
Superintendent of Schools shall notify all employees, students, and their
parents of the name, office address and telephone number of the district’s
compliance officer.
5020.1
If
during the building administrator’s informal attempt to resolve the complaint,
the alleged harasser admits the allegations but refuses to give assurance that
he/she will refrain from the unwelcome behavior, the administrator is to file a
report with the next appropriate level of administration. The report is to indicate the nature of the
complaint, a description of what occurred when the building administrator
informed the alleged harasser of the allegations against him/her, the harasser’s
response to the allegations, and a recommendation that stronger corrective
measures be taken. This report may be
accompanied by a formal complaint.
Should
the alleged harasser deny the allegation, the supervisor is to inform the
complainant of the denial and state that a formal written complaint will be
helpful for further formal investigation.
The building administrator will file a report indicating what has
transpired to date with the Assistant Superintendent for Instruction or the
Superintendent. If the complainant
submits a formal complaint, a copy of it should accompany the building
administrator’s report with a recommendation for further action.
Formal
Complaints
Formal
complaints may be submitted either to initially report any incidence of sexual
harassment, or as a follow-up to an unsatisfactory resolution of an informal
attempt to resolve a complaint. In the
latter case, the formal written complaint is to be submitted to the building
administrator originally consulted, who will then forward it to the next
appropriate level of administration, e.g., the Assistant Superintendent for
Instruction or the Superintendent, for appropriate action.
The
formal written complaint will consist of any appropriate forms and a copy of
any applicable supervisor reports. The
appropriate forms solicit the specifics of the complaint, e.g., date and place
of incident, description of sexual misconduct, statements of any witnesses, and
any previous action taken to resolve the matter.
Remedial
Action
If
the investigation reveals that sexual harassment has occurred, appropriate
sanctions will be imposed in a manner consistent with any applicable law. Depending on the gravity of the misconduct,
these may range from a verbal warning up to and including a suspension from
school or termination of employment.
Anyone
subjecting complainants or witnesses to any form of retaliation will also be
subject to disciplinary action in the manner prescribed by law and consistent
with any policy of school conduct and discipline.
5020.1
If
the investigation is inconclusive or reveals that no sexual harassment has
occurred, or if the complainant is not satisfied with the remedial action taken
after a finding of sexual harassment, the complainant may appeal to the next
appropriate level of administration, e.g., the Assistant Superintendent for
Instruction or the Superintendent. The
appeal must include a copy of the original complaint, if any, all relevant
reports, the specific action being appealed and an explanation of why the
complainant is appealing.
The
building administrator should refer the allegation of sexual harassment
directly to the Superintendent when the circumstances, severity of the
allegation or persons involved warrant a preliminary assessment by the
Superintendent. This referral should be
submitted immediately in writing from the building administrator learning of
the charge. No investigation or
interviewing of witnesses should be undertaken prior to the delivery of this
report to the Superintendent. The
Superintendent shall determine whether an investigation is in order and who
shall conduct the investigation. The
Superintendent shall also determine whether the allegations warrant the
immediate referral of the matter to any applicable governmental agency,
including, but not limited to, the police, prior to any implementation of this
procedure.
Ref: Education Amendments of 1972, Title IX, 20
U.S.C. §1681
Franklin v. Gwinnett County Public
Schools, 112 S. Ct. 1028 (1992)
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)
34
CFR §§106.8; 106.9
Adoption date: January 20, 1998
RACIAL HARASSMENT
OF STUDENTS
The
Board of Education is committed to safeguarding the rights of all students
within the school district to learn in an environment that is free from racial*
discrimination, including racial harassment.
The Board recognizes that racial harassment of students can originate
from a person of the same or different race of the victim including peers,
employees, board members or any individual who foreseeable might come in contact
with students on school grounds or at school-sponsored activities.
Racial
harassment of students consists of different treatment on the basis of race and
is recognized in two different forms:
1. when the district's employees or
agents, acting within the scope of official duties, treat a student differently
than other students solely on the basis of race; or
2. when the education environment is not
kept free from discrimination because the harassing conduct is so severe,
pervasive or persistent that it interferes with or limits the ability of a
student to participate in or benefit from the services, activities or
privileges provided.
The
Board also prohibits any retaliatory behavior against complainants or any
witnesses.
Any
student who believes that he/she has been subject to racial harassment should
report the alleged misconduct immediately, pursuant to 5020.2-R, so that
corrective action, up to and including discharge of an employee or suspension
of a student, may be taken at once. The
complainant shall not be discouraged from reporting an incident of alleged
racial harassment. In the absence of a
victim's complaint, the Board, upon learning of, or having reason to suspect
the occurrence of any racial harassment, will ensure that an investigation is
promptly commenced by appropriate individuals.
The
Superintendent of Schools is directed to develop and implement specific
procedures on reporting, investigating and remedying allegations of racial
harassment. Such procedures are to be
consistent with any applicable provisions contained in the district's policy
manual, collective bargaining agreements, the tenure laws as well as other
federal and state laws on racial harassment.
Training programs shall be established for students and employees to raise
awareness of the issues surrounding racial harassment and to implement
preventative measures to help reduce incidents of racial harassment.
*For the
sake of simplicity and clarity, the term "race" shall be used
throughout this policy to refer to all forms of discrimination prohibited by
Title VII - - that is, race, color, and national origin.
5020.2
A
copy of this policy and its accompanying regulation is to be distributed to all
personnel and students and posted in appropriate places.
Adoption date: January 20, 1998
STUDENT CONDUCT: HAZING
The District prohibits hazing. "Hazing" means any intentional knowing, or reckless act directed against a student by one person alone or acting with others, that endangers the mental or physical health or the safety of a student for the purpose of being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are or include other students. The term includes, but is not limited to:
1. Any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity.
2. Any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
3. Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
4. Any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame or humiliation, or that adversely affects the mental or physical health or dignity of the student or discourages the student from remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described above.
5. Any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of state law.
6. Any method of initiation or pre-initiation into a student club, organization or team that causes or is reasonably likely to cause, bodily danger or physical harm, serious mental or emotional harm, embarrassment or ridicule or personal degradation or loss of dignity to any student or other person associated with the school.
The following actions shall be included in the offense of hazing; student who commit any of them violate District policy:
1. Engaging in hazing.
2. Soliciting, encouraging, directing, aiding, attempting to aid another in engaging in hazing.
3. Intentionally, knowingly, or recklessly permitting hazing to occur.
4. Hazing firsthand knowledge of the planning of a specific hazing incident involving a student, or firsthand knowledge that a specific hazing incident has occurred, and knowingly failing to report that knowledge in writing to the Principal, Superintendent or designee.
REPORTING REQUIREMENTS
School personnel who become aware of hazing activity shall report such incidents immediately to school administrators. School personnel who fail to report incidents of hazing to school or district administrators will face disciplinary and/or adverse employment action.
Students who are aware of hazing activity and fail to report the hazing to school officials will face disciplinary action for conspiring or engaging in hazing which can include suspension, expulsion, exclusion and/or loss of participation in all extracurricular activities.
POLICY DISSEMINATION
A summary of this policy shall be posted in a prominent place in each District facility. The policy shall be published in student registration materials, student, parent, and employee hand books.
Each District principal, athletic coach, cheerleading advisor, and other extracurricular and club supervisors shall inform all students involved in such activities of this policy at the beginning of each school year, prior to the beginning of each team or group activities for the year. Each student participating in extracurricular activities shall sign a form stating that they agree to comply with this policy.
Adoption Date: September 21, 2004
Cross Ref: Code of Conduct #5300
5020.4 E1
STATEMENT OF COMMITMENT
I, ________________________have been informed by my coach of the school District’s policy prohibiting hazing and initiation activities, and I acknowledge that I have been provided with a copy of that policy. As a condition of my participation on my ________________team, I agree to abide by this policy and refrain from hazing or related initiation activities of any kind. I understand that my involvement in any hazing or initiation activity will result in disciplinary action, which can include suspension, expulsion, exclusion and/or loss of participation in all extracurricular activities.
---------------------------
Student Signature
---------------------------
Parent Signature
---------------------------
Date
Adoption Date: September 21, 2004
5020.4 E2
STATEMENT OF COMMITMENT
I, ________________________have been informed by _________________ of the school District’s policy prohibiting hazing and initiation activities, and I acknowledge that I have been provided with a copy of that policy. As a condition of my participation in any school activity, I agree to abide by this policy and refrain from hazing or related initiation activities of any kind. I understand that my involvement in any hazing or initiation activity will result in disciplinary action, which can include suspension, expulsion, exclusion and/or loss of participation in all extracurricular activities.
---------------------------
Student Signature
---------------------------
Parent Signature
---------------------------
Date
Adoption Date: September 21, 2004
5100
ATTENDANCE
The Board of Education recognizes that regular school attendance is a major component of academic success. Through implementation of this policy, the Board expects to reduce the current level of unexcused absences, tardiness, and early departures, (referred to in this policy as unexcused ATEDs), encourage full attendance by all students, maintain an adequate attendance record keeping system, identify patterns of student attendance and develop effective intervention strategies to improve school attendance.
Notice
To be successful in this endeavor, it is imperative that all members of the school community are aware of this policy, its purpose, procedures and the consequences of non-compliance. To ensure that students, parents/guardians, teachers, and administrators are notified of and understand this policy, the following procedures shall be implemented:
• The attendance policy shall be included in student handbooks and will be reviewed with students at the start of the school year.
• Parents/guardians will receive a plain language summary of this policy by mail at the start of the school year.
• When a student is absent from school, a designated staff member will attempt to notify the students’ parents/guardians by phone.
• When a student has an unexcused absence from class, which includes leaving school grounds without permission, a designated staff member will attempt to notify the students’ parents or guardians.
• Each school will communicate the district’s attendance policy through various means, including orientation, open school nights, the school newspaper, etc.
• The district will provide a copy of the attendance policy and any amendments thereto to faculty and staff. New staff will receive a copy upon their employment.
• All faculty and staff will meet at the beginning of each school year to review the attendance policy and to clarify individual roles in its implementation.
• Copies of this policy will also be made available to any community member, upon request.
• The district will share this policy with local Child Protective Services (CPS) to ensure a common understanding of excused and unexcused ATEDs and to work toward identifying and addressing cases of educational neglect.
Excused and Unexcused Absences
• Excused ATEDs are defined as absences, tardiness and early departures from class or school when they are due to personal illness, death in the family, impassable roads or weather, religious observance/obligations, quarantine, required court appearances, medical appointments, approved college visits, approved cooperative work programs, military obligations, family emergencies, or such other reasons as may be approved by the Superintendent or his designee.
• Absences, tardiness, and early dismissals are unexcused ATEDs when they do not meet the above criteria.
• All absences must be accounted for. It is the parents’/guardians’ responsibility to notify the appropriate school office on the day of occurrence of the absence and to provide a written excuse upon the student’s return to school.
Tardiness
• Students who are tardy to school shall have this information recorded and reported to their parents/guardians.
• Students who develop a pattern of tardiness shall have their parents/guardians contacted, shall be reminded of the attendance policy, and will be told that the students are subject to the school disciplinary policy.
• Students who are late to school by a significant amount of time shall have their parents/guardians contacted.
General Procedures/Data Collection
• Attendance will be taken during each class period at the secondary level.
• At the conclusion of each class period or school day, all attendance information shall be compiled and provided to the designated staff member(s) responsible for attendance.
• The nature of an ATED shall be coded on a student’s record.
• Student ATED data and reports shall be available to and should be reviewed by the designated school personnel in an expeditious manner.
• Where additional information is received that requires corrections to be made to a student’s attendance records, such correction will be made immediately. Notice of such a change will be sent to appropriate school personnel subject to applicable confidentiality rules.
• Data will be monitored and analyzed periodically to identify trends in student attendance.
Attendance Incentives
• The district will design and implement systems to be approved by the Board of Education which are to acknowledge a student’s efforts to maintain or improve school attendance.
Disciplinary Consequences
• Unexcused ATEDs will result in disciplinary action consistent with the district’s code of conduct. Those penalties may include, for example, detention or in-school suspension. Students may also be denied the privilege of participating in or attending extracurricular events.
• In addition, designated staff member(s) will attempt to contact the student’s parents/guardians and the student’s guidance counselor. Such staff member(s) shall remind parents/guardians of the attendance policy, explain the ramifications of unexcused ATEDs, and stress the importance of class attendance and discuss appropriate intervention strategies to correct the situation.
• In addition, the designated staff member(s) will contact local Child Protective Services (CPS) if they suspect educational neglect.
Attendance/Grade Policy and Denial of Credit
• The Board of Education recognizes an important relationship between class attendance and student performance. Students are expected to attend all scheduled classes.
• Consistent with the importance of classroom participation, unexcused ATEDs may adversely affect a student’s class participation grade for the marking period.
• For high school level courses, more than nine (9) absences (five (5) for alternate day courses) in a semester will result in the denial of credit. However, students with properly excused absences may make up the work in a timely manner and those absences will not count toward the minimum attendance standard.
• An unexcused tardy to class of 15 minutes or more shall be considered for the purpose of this policy an unexcused absence.
• To ensure that parents/guardians and students are aware of the implications of this minimum attendance requirement, the teacher or other designated staff member(s) will advise the student and attempt to contact the parents/guardians by telephone and mail at appropriate intervals prior to the student reaching the maximum absences.
• In implementing the policy set forth above, students who are unable to attend school or class on a given day due to their participation in a school sponsored activity (i.e., music lessons, field trips), may arrange with their teachers to make up any work missed. This also applies to any student who is absent, tardy or leaves early from school or a class due to illness or any other excused reason.
• Upon their return to school, students with excused absences are expected to consult with their teachers regarding missed work.
• Only those students with excused absences will be given the opportunity to make up a test or other missed work to eliminate the absence from the calculations utilized in the denial of credit. Make up opportunities must be completed by a date specified by the student’s teacher for the class in question.
Annual Review
• The Board shall annually review building-level student attendance records, and, if such records show a decline in student attendance, the Board shall revise this comprehensive attendance policy and make any revisions to the plan it deems necessary to improve student attendance.
Cross Ref: 4710, Grading Systems
5300, Code of Conduct
5460, Child Abuse in a Domestic Setting
Ref: Education Law §§1709; 3024, 3025; 3202; 3205-3213; 3225
8 NYCRR §§104.1; 175.6
Social Service Law §34-a
Adoption Date: June 18, 2002
Revision Date: February 25, 2009
5130
COMPULSORY
ATTENDANCE AGES
All
children are required by New York State law to attend school full time, in a
public, private or parochial school, unless exempt from attendance in
conjunction with current law or regulation, and approved by the State Education
Department from the first day of session in September of the calendar year in
which the minor becomes six years of age through the last day of the school
year in which such minor becomes 16 years of age, unless he/she has completed a
four-year high school course of study.
A minor who has completed a four-year high school course of study is not
required to attend.
The
Board of Education, through the Superintendent of Schools as chief
administrative officer, is responsible for enforcement of the Compulsory
Education Law.
Cross-ref: 1741, Home Instruction
5155,
Student Withdrawal from School
Ref: Education Law §§1711; 3201; 3202(1-a);
3205; 3206; 3208; 3225
8
NYCRR §101
Family
Court Act §§711 et seq.
Adoption date: January 20, 1998
5140
ENTRANCE
AGE
Children
who reach their fifth birthday on or before December 1st of the year of
matriculation are entitled to attend school and may be admitted to
kindergarten. Proof of age must be
presented in the form of a birth certificate, baptismal certificate, or
passport.
A
child who has regularly attended and satisfactorily completed a year's work in
a kindergarten which is duly registered with the State Education Department
will be enrolled in the first grade.
If
a child has satisfactorily completed a year’s work in an unregistered nonpublic
kindergarten and his/her parents seek to have the child admitted to the first
grade of a district school, the Board of Education or its designee shall
appoint a panel of educators to evaluate the program of the unregistered
nonpublic kindergarten. The panel will
take into consideration the standards set forth in the Regulations of the
Commissioner of Education for registration of nonpublic kindergartens. If the panel determines that the
unregistered nonpublic kindergarten provides substantially equivalent
instruction, the child will be placed in the first grade.
The
Board of Education authorizes the Superintendent of Schools to establish any
and all rules, regulations, and procedures necessary to implement and maintain
this policy.
Ref: Education Law §§709; 1712; 2503; 2514;
2555; 3202; 3205; 3210
Matter of Lazar, 6 EDR 7 (1966)
Adoption date: January 20, 1998
5150
SCHOOL
ADMISSIONS
The
district shall provide a public education to all persons between the ages of
five and twenty-one who have not
received a high school diploma and are entitled to attend school. If such persons reside in the district, they
may attend without payment of tuition.
A
veteran of any age who has not yet received his/her high school diploma and who has been discharged under conditions
other than dishonorable is eligible to attend school.
A
non-veteran under twenty-one years of age who has received a high school
diploma shall be permitted to attend school or BOCES upon payment of tuition.
Upon
registration, all new students shall be required to present:
1. proof
of date of birth,
2. record of immunizations and a health
certificate from a licensed physician, and
3. proof
of residency.
Cross-ref: Student Withdrawal from
School
Ref: Education Law §§903; 904; 3202; 3208
Public
Health Law §2164
Adoption date: January 20, 1998
EDUCATION OF HOMELESS CHILDREN
The Board of Education shall make reasonable efforts to determine whether there are school-age homeless youth within the District, encourage their enrollment, and eliminate existing barriers to their education which may exist in district practices. The Board of Education will ensure that it maintains forms provided by the Commissioner of Education for designating a homeless child’s district of attendance, which shall be provided to any homeless child or parent or guardian who seeks to enroll a child or youth within a school of the District.
Definition of a Homeless Child
A “homeless child” means a child or youth who lacks a fixed, regular, and adequate night-time residence, including a child or youth who is:
1) sharing the housing of other persons due to a loss of housing, economic hardship or a similar reason;
2) living in motels, hotels, trailer parks or camping grounds due to the lack of alternative accommodations;
3) abandoned in hospitals;
4) awaiting foster care placement; or
5) a migratory child who qualifies as homeless in accordance with the Commissioner’s Regulations. As defined in the No Child Left Behind Act of 2001, the term “migratory child” includes a child who is, or whose parent or spouse is, a migratory agricultural worker, including a migratory dairy worker, or a migratory fisher, and who has moved from one school district to another in the preceding 36 months, in order to obtain, or accompanies such parent or spouse in order to obtain, temporary or seasonal employment in agricultural or fishing work.
or who has a primary night-time location that is:
1) a supervised, publicly or privately operated shelter designed to provide temporary living accommodations including, but not limited to, shelters operated or approved by the State or local Department of Social Services and residential programs for runaway and homeless youth established pursuant to Article 19-H of the Executive Law; or
2) a public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for human beings.
A “homeless child” shall not include a child in a foster care placement or receiving educational services pursuant to Education Law §3202 subsection four, five, six, six-a or seven or pursuant to Article eighty-one, eighty-five, eighty-seven, or eighty-eight. For example, a child in a family home at board, a school for the mentally retarded, a hospital or other institution for the care, custody and treatment of children, youths under the direction of the Division For Youth incarcerated in county correctional facilities or youth shelters, or children residing in child care institutions or schools for the deaf or blind would not be considered “homeless.”
Admission of Homeless Children
A homeless child has the right to attend school in either the district where he/she formerly resided, the district where the temporary housing arrangement is located, or a district participating in a regional placement plan. Where a homeless child or youth designates Sachem Central School District, he/she shall be educated as part of the school’s regular academic program.
Administrative Procedures
The Superintendent shall develop procedures necessary to expedite the homeless child’s access to the designated school. Such procedures shall include:
1. Admission: Upon designation, the district shall first admit the homeless child to school, then request the official records from the prior school district. The district shall not require that such records be forwarded from another district before that student may enroll.
2. Dispute Resolution: The district shall establish guidelines for the prompt resolution of disputes regarding school selection or enrollment of a homeless student and provide a written explanation, including a statement regarding the right to appeal to the parent or guardian if the district sends the student to a school other than the school of origin or the school requested by the parent or guardian. If there is a factual dispute over whether a student is homeless, the district will immediately enroll the student and then provide the parent/guardian the opportunity to submit verification of homelessness. The student will remain enrolled until a final determination is made by the district and for a minimum of thirty (30) days after the final determination to allow the parent/guardian opportunity to appeal to the Commissioner of Education.
3. Transportation: When a school district of current location is designated as the school district of attendance, that school district must provide transportation to the homeless child on the same basis as it is provided to resident students. Any homeless child or youth not entitled to receive transportation from the Department of Social Services or Office of Children and Family Services must be transported by the designated school district on the same basis provided to resident students. Such transportation shall not be in excess of 50 miles each way except where the Commissioner of Education certifies that transportation in excess of 50 miles is in the best interest of the child.
4. School Records: For homeless students attending school out of district, the district shall, within five days of receipt of a request for records, forward a complete copy of the homeless child’s records including proof of age, academic records, evaluation, immunization records and guardianship paper, if applicable.
5. School District Liaison for Homeless Children: The McKinney-Vento Act requires every local educational agency to designate an appropriate staff person to serve as liaison. The selected liaison will ensure that homeless youth and children are identified by school personnel and through coordination activities with other entities and agencies. The selected liaison must further ensure that homeless students and youth enroll in, and have full and equal opportunity to succeed in, the schools of the local education agency.
6. Reporting Requirements: The School District shall collect and transmit to the Commissioner of Education, at such time and in the manner as the Commissioner may require, a report containing such information as the Commissioner determines is necessary to assess the educational needs of homeless children and youths within the State.
Ref: McKinney-Vento Homeless Education Assistance Act, 42 U.S.C. §11434a
Education Law §§ 3202; 3209
Executive Law §§ 532-b; 532-e
Social Services Law §§ 17, 62, 397
8 NYCRR §§ 100.2; 175.6
Adoption date: January 20, 1998
Revision date: December 16, 2009
ADMISSION OF
NON-RESIDENT STUDENTS
The Board of Education affirms that its primary responsibility is to provide the best possible educational opportunities for all children who are legal District residents and who are of legal age to attend school.
However, a non-resident student may be admitted to the District's schools upon payment to the District of the appropriate tuition charge if, and only if, in the judgment of the Superintendent of Schools:
1. there is sufficient space to accommodate the non-resident student;
2. the non-resident student meets the District's criteria for admission; and
3. the admission of such non-resident student is and continues during the enrollment period to be in the best interest of the District. In the event a determination is made that the student's continuous attendance is no longer in the best interest of the District, such student may be immediately removed upon written notice to the parent/guardian.
4. for purposes of Paragraph 3 above, a non-resident's attendance will not be in the best interests of the District if the costs to provide the educational services to the student exceeds the tuition the District is able to charge.
Future Residents
Children of families who have signed a contract to buy or build a residence in the school district may be enrolled during the semester in which they expect to become residents, upon approval of the Superintendent of Schools. In such event, the first month of such semester shall be without payment of tuition. After the first month, such families shall be required to pay tuition until it is established that they have become bona fide residents of the District. Billing will automatically occur after the first month unless proof of residence is provided. No transportation shall be provided by the District prior to the students actually establishing residency.
Former Residents
Regularly enrolled children of families who move out of the school district during the school year, after having attended District schools from the start of the school year, may complete that academic quarter they are currently in without payment of tuition. With respect to high school seniors in which it is the anticipated graduation year and who have started their senior year (September) as residents and move out of the District during this year, such students may complete their senior year without the payment of tuition. The benefits of this section of the policy shall not apply to those students who previously attended the Sachem schools as residents when they were actually non-residents. In all events, transportation shall cease upon the family's relocation from the District.
Transportation
Parents are responsible for the transportation of tuition pupils to and from their individual schools. No transportation will be provided by the school district for any tuition student.
Establishment of Fees
Tuition fees for non-resident students shall be determined annually in accordance with the formula established by Part 174 of the Commissioner's Regulations. Such rates shall be promulgated following the determination of the tax warrant, will be pro-rated to the month of entrance, will be billed monthly, and must be paid in advance. If a student becomes a resident within an already billed month, reimbursement will be made accordingly.
Ref: Education Law §3202
Adoption date: January 20, 1998
Revised: December 19, 2006
5152.1
ADMISSION OF FOREIGN EXCHANGE STUDENTS
The Board of Education recognizes the cultural enrichment derived from welcoming foreign exchange students into the educational program and encourages district participation in a foreign student program. Foreign exchange students covered by this policy are generally in the district for a one-year academic program.
The district retains the sole discretion to deny admission to any student not meeting all the requirements set forth in this policy and regulation. It may also terminate any approval of a foreign exchange student program when the Board believes that it would be in the best interest of the district.
1.The district recognizes only those organizations designated as “Exchange-Visitor Programs” by the United States Information Agency, pursuant to federal regulations, as sponsoring organizations for the exchange of students. Any such organization must supply proof of designation prior to recognition.
2.No foreign exchange students subject to this policy and regulation shall be brought into the district by a foreign student program unless he or she has been accepted in writing as a student by the Superintendent of Schools or a designee.
3.Foreign exchange students will be allowed to attend school and will be provided bus transportation to and from school free of charge. When a foreign student is accepted for admission pursuant to this policy and regulation, the letter of acceptance shall include a statement that tuition shall be waived for the student, except when payment of tuition is required pursuant to federal immigration law.
Ref: 22 CFR Part 514, Exchange-Visitor Program
Education Law § 1709(13)
Matter of Jones, 24 EDR 110 (1984)
Adoption date: January 20, 1998
5154
ASSIGNMENT OF STUDENTS
TO CLASSES
In
assigning students to classes, the following criteria shall be considered: age,
social and emotional maturity, and achievement in relation to individual
ability, in order to assure appropriate assignments.
Transfers
in regular attendance at a prior school will usually be placed at the level to
which they were previously assigned.
However, in addition to prior grade level, the Board of Education may
utilize testing to ascertain proper grade level.
Choice
of Studies
All
students, regardless of race, color, creed, sex, national origin, religion,
age, economic status, marital status, or disability shall have equal access to
any course which is offered in district schools. Guidance counselors and other personnel directly involved in
course selection shall take positive steps to ensure that all students are
aware of Board policy on this matter.
The
Building Principal will investigate any situation where there is a possibility
that there has been discrimination in determining the composition of any class
and will be required to demonstrate that a disproportionate composition of a
class does not stem from discrimination by counselors, teachers or materials
used in the course.
Ref: Education Law §§1709, 2503(4); 3202
Adoption date: January 20, 1998
5155
STUDENT WITHDRAWAL
FROM SCHOOL
Before
a student may be dropped from enrollment, he/she must have been absent for 20
consecutive school days and statutory procedures must be followed. It is the responsibility of the Building
Principal to ensure that the procedures set forth below are followed:
1. The Building Principal and/or the
Superintendent of Schools shall schedule and notify in writing both the student
and his/her parents or guardians of an informal conference.
2. At such conference, the Principal
and/or the Superintendent shall determine the reasons for the student's absence
and ascertain whether reasonable changes in the student's educational program
would encourage and facilitate his or her re-entry or continuance of study.
3. The student and his/her parents or
guardians shall be informed orally and in writing of the student's right to
re-enroll at any time in the school, if qualified under law.
4. If the student or his/her parents or
guardians fail after reasonable notice to attend the informal conference, the
student will be dropped from the rolls of the school, provided that he or she
and the parents/guardians have been notified that they may re-enter at any time
if qualified under the law.
Cross-ref: 5130, Compulsory
Attendance Ages
5150,
School Admissions
Ref: Education Law §3202(1-a)
Adoption date: January 20, 1998
STUDENT DISMISSAL
PRECAUTIONS
No
student may be released from school to anyone other than the parent, guardian
or child protective services personnel and law enforcement officers pursuant to
law, unless the individual's name seeking release of the student appears on a
list provided by the parent or guardian.
Parents
are urged to make appointments with physicians, dentists, special tutors, etc.,
after school hours. If a request
is necessary, parents should make note of the date, time and reason for the
release. Children cannot be excused
without advanced written request by parent/guardian, and must be released in
care of parent/guardian, unless otherwise noted.
A
student may be released to either parent unless a custodial parent supplies the
Superintendent of Schools/Principal with a certified copy of a court order or
divorce decree to the contrary.
The
Superintendent shall develop procedures to enable parents and guardians to
amend the list of persons authorized to obtain the release of their children.
Cross-ref: 1240, Visitors to the
Schools
8135,
Safe Schools
Ref: Education Law §3210(1)(c)
Adoption date: January 20, 1998
STUDENTS WITH
HIV-RELATED ILLNESS
The
Board of Education recognizes and shares the public concern over the health
issues surrounding Acquired Immune Deficiency Syndrome (AIDS) and Human
Immunodeficiency Virus Infection (HIV). The Board also recognizes, based upon
the current state of medical knowledge, that the virus associated with AIDS is
not easily transmitted and there is no evidence that AIDS or the HIV virus can
be transmitted by casual social in the open school setting.
The
Board acknowledges the rights of those students diagnosed as having AIDS or HIV
infection to continue their education as well as the rights of all students in
the school district to learn and participate in school activities without being
subjected to significant risks to their health. The Board also takes notice
that under current law and regulations the disclosure of confidential AIDS
and/or HIV-related information must be strictly limited.
Accordingly,
it is the policy of the Board that no student shall be denied the opportunity
to attend school, continue his/her education or take part in school-related
activities solely on the basis of being diagnosed as having AIDS or HIV
infection.
In
accordance with current state law and regulations, it is also the policy of the
Board to prevent any student from being subjected to adverse or discriminatory
treatment or stigma because he or she has been diagnosed as having AIDS or
being HIV-infected.
The
Superintendent of Schools is hereby directed to develop administrative
regulations in regard to the education of students diagnosed as having AIDS or
being HIV-infected.
The
Superintendent also shall establish and implement, and all school personnel
shall comply with, guidelines and routine sanitary hygiene procedures for
dealing with all spills of blood and other body fluids in or on school premises
and grounds. The Superintendent should
consult public health officials and/or the school physician, as appropriate,
for the most current methods and information pertaining to such procedures.
In
addition, the Superintendent shall develop and immediately implement inservice
education and training for all school personnel concerning AIDS and HIV
infection and the routine sanitary hygiene procedures to be followed in the
case of all spills of blood and other body fluids.
Cross-ref: 4315.1, AIDS Instruction
5420,
Student Health Services
8123,
Hygiene Precautions and Procedures
5191
Ref: Public Health Law, Article 27-F
Education Law §§4401; 4401-a
8
NYCRR §200
10
NYCRR §63
Adoption date: January 20, 1998
STUDENT
ORGANIZATIONS
The Board of Education recognizes the educational values inherent in student participation in the extracurricular life of the school, and supports the concept of the formation of student groups for such purposes as building sound social relationships, developing interests in an academic area, and gaining an understanding of the elements and responsibilities of good citizenship.
The Superintendent of Schools, with the aid of students, faculty and administration, is charged with developing procedures for registering and regulating student groups or clubs. Such procedures shall ensure that the district will register any group organized for a purpose not prohibited by Board policy or by law, if such group submits a list of its members designated as contacts, a copy of its constitution and/or bylaws, and the constitution and bylaws of any off-campus organization with which it may be affiliated. The Superintendent shall maintain a current list of all student organizations in the district. Each club shall have a club charter indicating the name of the club, the club advisor, building principal signature, the purpose of the club, the student officers and Superintendent/Administrator and Board of Education approval. The building principal shall determine the use of year-end balances. It is required that all school treasurers maintain ledgers and accounting records in computerized software.
Student groups may not restrict membership on the basis of race, sex, national origin or other arbitrary criteria.
The Board may prohibit the formation of any clubs, including fraternities or sororities, or any other secret society, whose deliberations and activities have caused or created, or are likely to cause or create, a disruption of or interference with the school program.
Administrative regulations governing the use of school facilities shall abide by the Equal Access Act in the creation of a “limited open forum.” All noncurricular-related student activities, regardless of religious or political content, shall have the same opportunities as any other such activity to operate on school grounds.
Cross-Ref: 5252, Student Activities Funds Management
Ref: Education Law §§ 207; 1709-a; 2503-a; 2554-a
Equal Access Act, 20 U.S.C.A. §§4071-4074
8 NYCRR Part 172
Board of Education of the Westside Community Schools v. Mergens, No. 88- 1597 (U.S. June 4, 1990)
Garnett By Smith v. Renton School Dist. No. 403, 865 F.2d 1121 (9th Cir., 1989)
Thompson v. Waynesboro Area School Dist., 673 F.Supp. 1379 (1987)
Student Coalition v. Lower Merion School Dist. Bd., 633 F.Supp. 1040 (1986)
Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 89 S.Ct. 733 (1969)
Healy v James, 408 U.S. 169, 92 S.Ct. 2338 (1972)
Adoption Date: January 20, 1998
Revision Date: December 21, 2011
SCHOOL-SPONSORED STUDENT EXPRESSION
The Board of Education encourages student expression in its many forms, including, but not limited to, student newspapers, yearbooks, concerts, shows, and art exhibits. The Board believes these activities are an important part of student learning and enrich the life of the school community. The school newspaper, for example, is an important part of the school not only because it offers an educational activity through which students gain experience in reporting, writing, editing, and understanding responsible journalism, but also because it provides an opportunity for students to express their views in a responsible manner. Each school-sponsored activity offers unique opportunities for students to engage in creative and educational modes of expression.
All school-sponsored opportunities for student expression will comply with the rules set forth in this policy and in the Code of Conduct. Libelous statements, unfounded charges and accusations, obscenity, false statements, materials or performances advocating racial or religious prejudice, hatred, violence, the breaking of laws and school policies and/or regulations, or materials or performances designed to disrupt the educational process will not be permitted. Expressions of personal opinion must be clearly identified as such, and bear the name of the author.
In addition, school-sponsored activities, many of which are listed above, are not considered public forums. The Board reserves the right to edit or delete such school sponsored student expression which it believes is inconsistent with the district's basic educational mission.
When a student(s) presents material for inclusion in a school-sponsored publication to a school official with authority over the school publication, the school official must review and make a decision on inclusion in the publication within five (5) school days of submission of the material to him/her. If publication is denied, the student(s) may appeal the decision to the Building Principal. If the principal agrees with the decision to withhold approval, the principal must state the reasons in writing and provide the students with a copy of the reasons within five (5) school days of the receipt of the appeal. The aggrieved student(s) may within five (5) school days appeal in writing to the Superintendent of Schools. The Superintendent of Schools must issue a written decision within five (5) schools days after receiving the appeal.
Cross-Ref: 5300, Code of Conduct
5225, Student Personal Expression
Ref: Morse v. Frederick, 127 S.Ct. 2618 (2207)
Hazelwood School District v. Kuhlmeier, 484 US 260, 108 S Ct 562 (1988) (limits on student free speech rights in school-sponsored student publications)
Bethel School District v. Fraser, 478 US 675 (1986)
Tinker v. DesMoines Independent Community School Dist., 393 US 503, (1969) (limits on student free speech rights in school setting)
Thomas v. Board of Education, Granville Central School Dist., 607 F 2d 1043 (1979)
Trachtman v. Anker, et al., 563 F 2d 512 (1977)
Frasca v. Andrew et al., 463 F Supp 1043 (1979)
Matter of Beil and Scariati, 26 EDR 109(1986)
Adoption date: January 20, 1998
Revised date: May 8, 2008
STUDENT PERSONAL EXPRESSION
The Board of Education recognizes the importance and value of student personal expression and recognizes that students do not shed their first amendment right of free expression at the schoolhouse gate. As in broader American society, The Board also understands that there is a balancing of an individual's rights under the First Amendment with the rights of the community. Student personal expression in this context refers to student verbal and written communication using any medium (paper, e-mail, website postings, etc.) including, but not limited to, poetry, prose, art, video and music composition that is intended to be shared with the boarder school community.
Although students retain their right to free expression in school, that right is not unfettered. School officials may regulate expression as to time, place and manner. Students' speech which causes a substantial disruption or which materially interferes with school activities or rights of others or might reasonably lead the school administration to forecast substantial disruption of or material interference with school activities is not constitutionally protected speech.
When students wish to personally express themselves in the broader school community, they must seek prior approval from the building principal or his/her designee. No literature may be distributed unless a copy is submitted in advance to the Building Principal or his/her designee and approval is given. The building principal or his/her designee will render his/her decision within five (5) school days of receiving the request. The building principal shall give due consideration to the constitutionally protected right of freedom of expression, the maintenance of the normal operation of school and its activities, the protection of persons and property and the need to assist students in learning appropriate ways to exercise their rights. Unless such student expression takes place within the confines of a school-sponsored event/activity (see policy 5220 for guidance on School-Sponsored Student Expression), authorization will be granted if:
•The material is distributed as directed by the Principal or designee in such a manner as to not materially or substantially interfere with the rights of others or substantially disrupt the normal operation of the school;
•The material is not considered to be obscene, lewd, indecent, libelous, an invasion of the privacy of other individuals, or an expression that attacks a person's character, family, race, religion, sex, ethnic origin, physical appearance, sexual orientation, or disabling condition.
•The material is free from advertisements or promotion of cigarettes, liquor, illegal or illicit drugs, or drug paraphernalia or other products or services harmful to minors and/or not permitted to minors by law.
Procedural Due Process
If a student(s) seeks to distribute material within school buildings or at school events, he/she must present such material for prior review by the Building Principal who must make a decision regarding distribution within five (5) school days of receipt of the request and provide the reason for the denial in writing. The aggrieved student(s) may within five (5) school days appeal in writing to the Superintendent of Schools. The Superintendent of Schools must issue a written decision within five (5) school days after receiving the appeal.
Generally school administrative authority regarding student expression does not extend beyond school grounds or school-sponsored functions. However, with the advent of new technologies, the line between off and on campus expression can be blurred. Students are advised that if off campus personal expression substantially disrupts or materially interferes with school activities or might reasonably lead the school administration to forecast substantial disruption of or material interference with school activities or interrupts another individual's access to school, such as when the speech is threatening in nature, they may be subject to discipline under the Code of Conduct.
Violation of Policy
Students who violate this policy will be subject to the appropriate disciplinary action, which may include short or long-term suspension, in accordance with the Code of Conduct.
Cross-Ref: 5300, Code of Conduct
0115, Harassment, Hazing and Bullying
4526, Computer Use in Instruction
520, School-Sponsored Student Expression
Ref: Morse v. Frederick, 127 S Ct 2618 (2207)
Bethel School District v. Fraser, 478 US 675 (1986)
Tinker v DesMoines Independent Community School Dist., 393 US 503, (1969) (Limits on student free speech rights in school setting)
Eisner v Stamford Board of Educ., 314 F. Supp 832, modf'd 440 F2nd 802 (1971)
Adoption Date: May 8, 2008
STUDENT ACTIVITIES FUNDS
MANAGEMENT
The
Board of Education shall have the responsibility for the protection and
supervision of the financial affairs of student clubs and extracurricular
activities. The Principal of each
school concerned will appoint a competent or qualified faculty advisor for each
club or organization. An independent
and impartial audit of all accounts will be made annually by the school auditor
in conjunction with the annual audit of the district’s fiscal records.
Cross-ref: 2210, Board
Reorganizational Meeting
5210,
Student Organizations
Ref: Education Law §207
8
NYCRR Part 172
Adoption date: January 20, 1998
INTERSCHOLASTIC
ATHLETICS
Interscholastic
athletics for boys and girls is an integral and desirable part of the
district's secondary school educational program. Individual and team sports shall be based upon comprehensive
physical education instruction and intramural activities, seeking broad
participation from all eligible secondary students. Lifetime or carry-over sports are to be particularly encouraged
and supported.
Parity
in the number and kind of sports activities for girls and boys is a clear
objective of the district. The district
will select sports and levels of competition which accommodate the interests
and abilities of members of both sexes.
There shall be no discrimination on the basis of sex in providing
necessary equipment or supplies.
Facilities such as gymnasiums, tennis courts, playing fields, etc. shall
be equally accessible to both male and female teams.
Student
eligibility for participation on interscholastic teams shall include:
1. authorization by the school physician;
2. written parent or guardian consent; and
3. endorsement by the Building Principal
based on established rules and various league and State Education Department
regulations.
A
student may be barred from participating in interscholastic athletics if the
school physician, after a medical exam, determines that a student may not
participate in an athletic program because of a physical impairment. The district will afford such a student an
opportunity to discuss and/or contest the findings of the physician and the
action taken by district administration.
Students who wish to contest the district’s action may be able to
initiate a special proceeding under section 3208-a of the Education Law.
A
student may also be barred from participating in interscholastic athletics due
to discipline problems after the student and his/her parent(s)/guardian(s) are
afforded the opportunity for an informal hearing with the disciplinarian. The Board has the authority to establish reasonable
academic standards as a prerequisite for eligibility for athletics.
In
accordance with existing Regulations of the Commissioner of Education, the
Board of Education will permit students in grades 10-12 to receive credit
towards high school graduation equivalent to physical education for
participation in interscholastic athletics.
Such credit will, in addition to other requirements, be contingent upon
proven cardiovascular and physical fitness and competency in lifetime or
carry-over sports. Standards for such
fitness and competency shall be developed by the administration.
Ref: Education
Law §§414; 1502; 1604(7-b); 1708(3)(8-a); 1718(2); 3001-b; 4409
8
NYCRR §135.4
Adoption date: January 20, 1998
UNIFORMS FOR ATHLETIC TEAMS
Uniform Design and Style
The Athletic Director shall have the final decision with regards to any and all uniforms purchased for the Sachem Central School District athletic teams to be used during athletic competition. To enable the Athletic Department to project uniform purchases over a span of years and to insure each team the best possible uniforms, the department has established the following guidelines:
A. Uniforms shall reflect school colors. Sachem North's school colors are Black and Gold with Red as an accent. Sachem East's school colors are Red and Gold with Black as an accent.
B. Members of the coaching staff much make requests and receive approval to purchase uniforms through the Athletic Director or as directed by the Athletic Director.
C. coaches are required to meet with the Athletic Director and review all aspects of creating and designing uniforms.
D. Coaches shall provide the Athletic Director with all necessary information to insure the uniform bid is properly prepared.
E. Once a vendor has been awarded the uniform, coaches are prohibited from contacting the vendor to change the uniform unless approved by the Athletic Director.
Purchasing of Uniforms/Equipment by Booster Clubs and Athletic Teams/Program
Head Coaches must submit to the Athletic Director their request to purchase uniforms/equipment with booster club funds before submitting their requests to the booster clubs. Coaches should not approach booster clubs or individuals without first informing the Athletic Director. Any part of or team uniforms (including warm-ups) or equipment purchased without seeking Athletic Director guidance and Board of Education approval will not be permitted for use in school sanctioned athletic activities.
At the discretion of the Athletic Director, a meeting may be deemed necessary between booster club representation, the head coach and the athletic director to insure that uniforms/warm-up/equipment purchased for athletic programs is appropriate and meets district expectations.
Adoption Date: March 20, 2007
STUDENT ELIGIBILITY FOR BOCES OCCUPATIONAL PROGRAMS
The Board of Education recognizes the importance of occupational and technical training for those students who choose to pursue this course of study. Students wishing to prepare for a specific career may enroll in District sponsored Career Training Programs, or, beginning in grade 11, occupational programs offered at BOCES Technical Centers. A student who elects to pursue a career training program offered at BOCES must be a student in good standing, who adheres to the high school attendance policy, and who has met certain core requirements for high school graduation. In order to be eligible to attend BOCES in grade 11, a student currently enrolled in grade 10 must have successfully completed, and/or currently be passing, the following courses by the end of the second marking period:
•English 9
•Global History 9
•English 10 or Global History 10
•Two math and one lab science course or two lab science and one math course
•Physical Education 9 and Physical Education 10
•Health Education (completed by June of the 10th grade year)
•Art/Music (one credit by June of the 10th grade year)
•Language Other Than English (one credit by June of the 10th grade year)
Additionally, any student denied credit in any tenth (10th) grade course, in accordance with the district's high school attendance policy, shall be deemed ineligible to participate in a BOCES vocational training program in eleventh (11th) grade. Similarly, a student denied credit in eleventh (11th) grade shall be ineligible for BOCES in twelfth (12th) grade.
The Board of Education shall charge the administration with the task of reviewing which BOCES programs are academically appropriate to be offered to our students. A list of the available programs shall be published annually in the guidance handbook.
All students interested in attending a BOCES occupational program shall have their application reviewed by the Administrative Assistant for Guidance.
Ref: Education Law §4602
8 NYCRR §112
Adopted Date: November 20, 2007