Required Notifications

Code of Conduct

The Franklin‑Essex‑Hamilton BOCES Code of Conduct establishes expectations for behavior, outlines rights and responsibilities, and defines procedures for maintaining a safe, orderly, and supportive learning environment. It applies to all students, staff, parents, and visitors on school property or at school functions.

To view our Code of Conduct, its forms, and contact information, visit our Code of Conduct page.

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Internet Enabled Device Policy

The Board recognizes that students may have personal electronic devices that can perform different functions. Such devices include “internet-enabled devices” defined as any smartphone, tablet, smartwatch or other device capable of connecting to the internet and enabling the user to access content on the internet, including social media applications, but do not include any such device supplied by the BOCES for educational purposes. These devices can create significant distraction to the school environment, negatively impact student mental health, contribute to disciplinary infractions, and reduce student engagement. Additionally, in an emergency, the use of personal electronic devices can distract students from following the directions of staff or emergency responders, contribute to the spread of misinformation, create congestion in the emergency response system, and interfere with the BOCES’ emergency response protocols.

Generally, the BOCES is not responsible for stolen, lost, or damaged personal electronic devices brought to school.

Communication with Parents/Persons in Parental Relation

During the school day, to minimize distractions, parents (which, for purposes of this policy, includes persons in parental relation) may contact their children via calling the school office (518-891-1330 for the Adirondack Educational Center and 518-483-5230 for the North Franklin Educational Center), emailing their child’s teacher, or utilizing communication options through the BOCES’ communication app (Currently ParentSquare). The BOCES will notify parents in writing of the communication protocol at the beginning of each school year and upon enrollment.

Device Access and Storage

As required by Education Law §2803, this policy prohibits student use of internet-enabled devices during the school day (including all classes, homeroom periods, lunch, recess, study halls, and passing time) on school grounds (any building, structure, athletic playing field, playground, or land contained within the boundary of a BOCES facility), unless under an exception (e.g., IEP/Section 504 or as permitted below).

Student devices must be silenced and stored in the appropriate classroom-by-classroom device caddy.

Exceptions for Specific Purposes

Use of internet-enabled devices must be permitted where included in a student’s Individualized Education Program, Section 504 plan, or where required by law. Additionally, the BOCES permits the use of internet enabled devices in the event of an emergency, and under the following circumstances:

1. Where necessary to manage a student’s healthcare (e.g., diabetes, asthma, medication, etc.).
2. For translation services.
3. And/or for students who are routinely responsible for the care and well-being of a family member (on a case-by-case basis, upon review and determination by a school psychologist, school social worker, or school counselor).

Parents may request an exception for their children to use internet-enabled devices during the school day as listed above. Requests must be made to the Building Principal and, for healthcare exceptions, must include documentation from an appropriate healthcare professional.

Students may also be permitted to use their internet-enabled devices during the school day on school grounds for specific educational purposes, if the following criteria are met:

• With administrative approval, the teacher has authorized the use of specific devices for a particular activity, after which the devices must be stowed per this policy.
• The student uses the device to access the Internet or authorized applications through the BOCES’ network, under the terms of policy 4526, Computer Use in Instruction.

Under any of these exceptions, devices may only be used for the purposes outlined in the exception, and the device must be silenced and put away when not in use, to the extent compatible with the reason for the exception.

Enforcement, Consequences, and Reporting

Enforcement of this policy is chiefly the responsibility of building administrative staff; however, all designated employees are expected to assist in enforcement. Students will be reminded of this policy regularly and consistently, especially at the start of the school year and after returning from breaks.

For students out of compliance with this policy, the device will be held in the school office until the end of the school day. The first time this happens, the student may retrieve the device, and the parent will be notified. For subsequent instances, the parent must retrieve the device. Further instances will result in the device being held in the school office daily for longer periods of time. The BOCES will exercise reasonable care to maintain the security of devices that are held by the BOCES but cannot guarantee the devices will be secure. For students with exceptions under this policy, the BOCES will examine alternative ways to achieve the purpose of the exception, including different storage or access provisions.

Administrators will also discuss the aims of this policy with students and their parents, the benefits of a distraction-free environment, the reasons the student had difficulty following this policy, and how BOCES can help the student contribute to a distraction-free environment.

The BOCES may not impose a suspension from school if the sole grounds for the suspension are that the student accessed an internet-enabled device as prohibited by this policy. However, the BOCES may utilize non-suspension consequences under the BOCES’ Code of Conduct.

Some uses of personal electronic devices may constitute a violation of the school BOCES Code of Conduct or other BOCES policies, and in some instances, the law. The BOCES will cooperate with law enforcement officials as appropriate.

Beginning September 1, 2026, and annually thereafter, the BOCES will publish an annual report on its website detailing the enforcement of this policy over the past year, including nonidentifiable demographic information of students who have faced disciplinary action for noncompliance with this policy, and an analysis of any demographic disparities in enforcement of this policy. If a statistically significant disparate enforcement impact is identified, the report will include a plan to mitigate such disparate enforcement.

Electronic Devices and Testing

To ensure the integrity of testing, in accordance with state guidelines, students may not bring cell phones or other electronic devices into classrooms or other exam locations during state assessments. Teachers may grant specific permission for electronic device usage during tests other than state assessments.

Test proctors, monitors, and school officials have the right to collect cell phones and other prohibited electronic devices prior to the start of the test and to hold them for the duration of the test-taking time. Admission to the test will be prohibited to any student who has a cell phone or other electronic device in their possession and does not relinquish it.

Students with Individualized Education Plans, Section 504 Plans, or documentation from medical practitioners specifically requiring use of electronic devices may do so as specified.

Policy Distribution and Translation

Upon request by a student or parent, the BOCES will translate this policy into any of the twelve most common non-English languages spoken by limited-English proficient individuals in the state, as identified by the most recent American Community Survey published by the U.S. Census Bureau.

The BOCES will also include this information, or a plain language summary, in student/family handbooks.

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Data Privacy and Security

Information and Data Privacy Security, Breach, and Notification

The Board of the BOCES acknowledges the heightened concern regarding the rise in identity theft and the need for secure networks and prompt notification when security breaches occur. The Board adopts the National Institute of Standards and Technology Cybersecurity Framework Version 1.1 (NIST CSF) for data security and protection. The Data Privacy Officer is responsible for ensuring the agency’s systems follow NIST CSF and adopt technologies, safeguards and practices which align with it. This will include an assessment of the agency’s current cybersecurity state, its target future cybersecurity state, opportunities for improvement, progress toward the target state, and communication about cybersecurity risk.

The Board will designate a Data Protection Officer to be responsible for the implementation of the policies and procedures required in Education Law §2-d and its accompanying regulations, and to serve as the point of contact for data security and privacy district. This appointment will be made at the annual organizational meeting.

The Board directs the District Superintendent, in accordance with appropriate business and technology personnel, and the Data Protection Officer (where applicable), to establish regulations that address:

• The protections of “personally identifiable information” of students and teachers/principal under Education Law §2-d and Part 121 of the Commissioner of Education;
• The protections of “private information” under State Technology Law §208 and the NY SHIELD Act; and
• Procedures to notify persons affected by breaches or unauthorized access to protected information.

Student and Teacher/Principal “Personally Identifiable Information” under Education Law §2-d

General Provisions

PII as applied to student data is as defined in the Family Educational Rights and Privacy Act (Policy 5500), which includes certain types of information that could identify a student, and is listed in the accompanying regulation 8635-R. PII as applied to teacher and principal data means results of Annual Professional Performance Reviews that identify the individual teachers and principals, which are confidential under Education Law §§3012-c and 3012-d, except where required to be disclosed under state law and regulations.

The Data Protection Officer will see that every use and disclosure of personally identifiable information (PII) by the agency benefits students and the agency (e.g., improve academic achievement, empower parents and students with information, and/or advance efficient and

effective school operations). However, PII will not be included in public reports or other documents.

The agency will protect the confidentiality of student and teacher/principal PII while stored or transferred using industry-standard safeguards and best practices, such as encryption, firewalls, and passwords. The agency will monitor its data systems, develop incident response plans, limit access to PII to agency employees and third-party contractors who need such access to fulfill their professional responsibilities or contractual obligations, and destroy PII when it is no longer needed.

Certain federal laws and regulations provide additional rights regarding confidentiality of and access to student records, as well as permitted disclosures without consent, which are addressed in policy and regulation 5500, Student Records.

Under no circumstances will the agency sell PII. It will not disclose PII for any marketing or commercial purpose, facilitate its use or disclosure by any other party for any marketing or commercial purpose, or permit another party to do so. Further, the agency will take steps to minimize the collection, processing, and transmission of PII.

Except as required by law or in the case of enrollment data, the agency will not report the following student data to the State Education Department:

1. Juvenile delinquency records;
2. Criminal records;
3. Medical and health records; and
4. Student biometric information.

The agency has created and adopted a Parent’s Bill of Rights for Data Privacy and Security, which can be requested from the board clerk.

Third-party Contractor

The agency will ensure that contracts with third-party contractors reflect that the confidentiality of any student and/or teacher, or principal PII be maintained in accordance with federal and state law and the agency’s data security and privacy policy.

Each third-party contractor that will receive student data or teacher or principal data must:

1. Adopt technologies, safeguards, and practices that align with the NIST CSF;
2. Comply with the agency’s data security and privacy policy and applicable laws impacting the agency;
3. Limit internal access to PII to only those employees or sub-contractors that need access to provide the contracted services;
4. Do not use the PII for any purpose not explicitly authorized in its contract;
5. Do not disclose any PII to any other party without the prior written consent of the parent or eligible student (i.e., students who are eighteen years old or older):
   • Except for authorized representatives of the third-party contractor to the extent they are carrying out the contract; or
   • Unless required by statute or court order, and the third-party contractor provides notice of disclosure to the agency, unless expressly prohibited.
6. Maintain reasonable administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of PII in its custody;
7. Use encryption to protect PII in its custody; and
8. Do not sell, use, or disclose PII for any marketing or commercial purpose, facilitate its use or disclosure by others for marketing or commercial purposes, or permit another party to do so. Third-party contractors may release PII to subcontractors engaged to perform the contractor’s obligations, but such subcontractors must abide by data protection obligations of state and federal law and the contract with the agency.

If the third-party contractor has a breach or unauthorized release of PII, it will promptly notify the agency in the most expedient way possible without unreasonable delay but no more than seven calendar days after the breach’s discovery.

Third-party Contractors’ Data Security and Privacy Plan

The agency will ensure that contracts with all third-party contractors include the third-party contractor’s data security and privacy plan. This plan must be accepted by the agency.

At a minimum, each plan will:

1. Outline how all state, federal, and local data security and privacy contract requirements over the life of the contract will be met, consistent with this policy;
2. Specify the safeguards and practices it has in place to protect PII;
3. Demonstrate that it complies with the requirements of Section 121.3(c) of this Part;
4. Specify how those who have access to student and/or teacher or principal data receive or will receive training on the federal and state laws governing confidentiality of such data prior to receiving access;
5. Specify if the third-party contractor will utilize sub-contractors and how it will manage those relationships and contracts to ensure personally identifiable information is protected;
6. Specify how the third-party contractor will manage data security and privacy incidents that implicate personally identifiable information, including specifying any plans to identify breaches and unauthorized disclosures, and to promptly notify the agency;
7. Describe if, how and when data will be returned to the agency, transitioned to a successor contractor, at the agency’s direction, deleted or destroyed by the third-party contractor when the contract is terminated or expires.

Training

The agency will provide annual training on data privacy and security awareness to all employees who have access to student and teacher/principal PII.

Reporting

Any breach of the agency’s information storage or computerized data which compromises the security, confidentiality, or integrity of student or teacher/principal PII maintained by the agency will be promptly reported to the Data Protection Officer, the District Superintendent and the Board.

Notifications

The Data Privacy Officer will report every discovery or report of a breach or unauthorized release of student, teacher or principal PII to the State’s Chief Privacy Officer without unreasonable delay, but no more than 10 calendar days after such discovery.

The agency will notify affected parents, eligible students, teachers and/or principals in the most expedient way possible and without unreasonable delay, but no more than 60 calendar days after the discovery of a breach or unauthorized release or third-party contractor notification.

However, if notification would interfere with an ongoing law enforcement investigation, or cause further disclosure of PII by disclosing an unfixed security vulnerability, the agency will notify parents, eligible students, teachers, and/or principals within seven calendar days after the security vulnerability has been remedied, or the risk of interference with the law enforcement investigation ends.

The District Superintendent, in consultation with the Data Protection Officer, will establish procedures to provide notification of a breach or unauthorized release of student, teacher, or principal PII, and establish and communicate to parents, eligible students, and agency staff a process for filing complaints about breaches or unauthorized releases of student and teacher/principal PII.

“Private Information” under State Technology Law §208

“Private information” is defined in State Technology Law §208, and includes certain types of information, outlined in the accompanying regulation, which would put an individual at risk for identity theft or permit access to private accounts. “Private information” does not include information that can lawfully be made available to the general public pursuant to federal or state law or regulation.

Any breach of the agency’s information storage or computerized data which compromises the security, confidentiality, or integrity of “private information” maintained by the agency must be promptly reported to the District Superintendent and the Board.

The Board directs the District Superintendent of Schools, in accordance with appropriate business and technology personnel, to establish regulations which:

• Identify and/or define the types of private information that is to be kept secure;
• Include procedures to identify any breaches of security that result in the release of private information; and
• Include procedures to notify persons affected by the security breach as required by law.

Employee “Personal Identifying Information” under Labor Law § 203-d

Pursuant to Labor Law §203-d, the agency will not communicate employee “personal identifying information” to the general public. This includes:

1. Social security number;
2. Home address or telephone number;
3. Personal email address;
4. Internet identification name or password;
5. Parent’s surname prior to marriage; and
6. Driver’s license number.

In addition, the agency will protect employee social security numbers in that such numbers will not be:

1. Publicly posted or displayed;
2. Visibly printed on any ID badge, card, or time card;
3. Placed in files with unrestricted access; or
4. Used for occupational licensing purposes.

Employees with access to such information will be notified of these prohibitions and their obligations.

Internet Safety

The Board for the BOCES is committed to undertaking efforts that serve to make safe for children the use of agency computers for access to the Internet and World Wide Web. To this end, although unable to guarantee that any selected filtering and blocking technology will work perfectly, the Board directs the District Superintendent to procure and implement the use of technology protection measures that block or filter Internet access by:

• Adults to visual depictions that are obscene or child pornography, and
• Minors to visual depictions that are obscene, child pornography, or harmful to minors, as defined in the Children’s Internet Protection Act.

Subject to staff supervision, however, any such measures may be disabled or relaxed for adults conducting bona fide research or other lawful purposes, in accordance with criteria established by the District Superintendent or his or her designee.

The District Superintendent or his or her designee also shall develop and implement procedures that provide for the safety and security of students using electronic mail, chat rooms, and other forms of direct electronic communications; monitoring the online activities of students using agency computers; and restricting student access to materials that are harmful to minors.

In addition, the Board prohibits the unauthorized disclosure, use, and dissemination of personal information regarding students; unauthorized online access by students, including hacking and other unlawful activities; and access by students to inappropriate matter on the Internet and World Wide Web. The District Superintendent or his or her designee shall establish and implement procedures that enforce these restrictions.

The computer network coordinator designated under the agency’s policy on the acceptable use of agency computers (policy 4526) shall monitor and examine all agency computer network activities to ensure compliance with this policy and accompanying regulation. He or she shall also be responsible for ensuring that staff and students receive training on their requirements.

All users of the agency’s computer network, including access to the Internet and World Wide Web, must understand that use is a privilege, not a right, and that any such use entails responsibility. They must comply with the requirements of this policy and accompanying regulation, in addition to generally accepted rules of network etiquette, and the agency’s policy on

the acceptable use of computers and the internet (policy 4526). Failure to comply may result in disciplinary action, including, but not limited to, the revocation of computer access privileges.

As part of this policy and the agency’s policy on acceptable use of agency computers (policy 4526), the agency shall also provide age-appropriate instruction regarding appropriate online behavior, including:

1. Interacting with other individuals on social networking sites and in chat rooms, and;
2. Cyberbullying awareness and response.

Instruction will be provided even if the agency prohibits students from accessing social networking sites or chat rooms on agency computers.

Media Opt-Out

FEH BOCES students who do not desire to be in photography, videography, and published media that will be shared on this website, social media, and printed publications, they can be added to our media opt-out list by filling out and submitting the North Franklin Educational Center Media Opt-Out form or Adirondack Educational Center Media Opt-Out form.

Parents’ Bill of Rights

Franklin-Essex-Hamilton BOCES, in recognition of the risk of identity theft and unwarranted invasion of privacy, affirms its commitment to safeguarding student personally identifiable information (PII) in educational records from unauthorized access or disclosure in accordance with State and Federal law. Franklin-Essex-Hamilton BOCES establishes the following parental bill of rights:
Student PII will be collected and disclosed only as necessary to achieve educational purposes in accordance with State and Federal Law.

The agency and its schools, and third-party contractors and subcontractors, will not sell student PII or use or disclose it for any marketing or commercial purposes or facilitate its use or disclosure by any other party for any marketing or commercial purpose or permit another party to do so;

Parents have the right to inspect and review the complete contents of their child’s education record (for more information about how to exercise this right, see 5500-R);

State and federal laws, such as NYS Education Law §2-d and the Family Educational Rights and Privacy Act, protect the confidentiality of students’ personally identifiable information. Safeguards associated with industry standards and best practices, including but not limited to encryption, firewalls, and password protection, must be in place when data is stored or transferred;

A complete list of all student data elements collected by the State Education Department is available for public review on the New York State Education Department website.

Parents have the right to have complaints about possible breaches and unauthorized disclosures of student data addressed. Complaints should be directed to our Data Privacy Officer. Complaints can also be directed to the New York State Education Department online or by mail to the Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234, or by telephone at 518-474-0937.

Parents have the right to be notified in accordance with applicable laws and regulations if a breach or unauthorized release of their student’s PII occurs.

All agency employees and officers with access to PII will receive annual training on applicable federal and state laws, regulations, agency policies, and safeguards, which will be in alignment with industry standards and best practices to protect PII.

In the event that the agency engages a third-party provider to deliver student educational services, the contractor or subcontractors will be obligated to adhere to State and Federal Laws to safeguard student PII. Parents can request information about third-party contractors by contacting the BOCES’ Data Privacy Officer.

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Dignity for All Students Act (DASA)

The BOCES seeks to create an environment free of harassment, bullying, and discrimination; to foster civility in its schools; and to prevent conduct that is inconsistent with its educational mission. The District, therefore, prohibits all forms of harassment and bullying of students by employees or other students on school property and at school functions. The district further prohibits discrimination against students, including, but not limited to, discriminatory acts based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex by school employees or other students on school property and at school functions that take place at locations off school property. In addition, other acts of harassment, bullying, or discrimination that can reasonably be expected to materially and substantially disrupt the education process may be subject to discipline or other corrective action.

For more information on the DASA, visit the New York State (NYS) Education Department website.

To submit a DASA report/incident, please fill out this form. Once you submit the form, the building administrator and DASA Contacts will receive the information.

Q&A About the Dignity Act

Q: Who is protected by the Dignity Act?

A: All public elementary and secondary school students are protected by the Dignity Act.

Q: What does the Dignity Act prohibit?

A: The Dignity Act prohibits the harassment and discrimination of students by students and by school personnel.

Q: How does the Dignity Act relate to bullying and hazing?

A: Bullying and hazing are forms of harassment and discrimination.

Q: What physical spaces are covered by the Dignity Act?

A: The Dignity Act applies to behavior on school property (including athletic fields, playgrounds, and parking lots), in school buildings, on a school bus/vehicle, as well as at school-sponsored events or activities.

Q: How does the Dignity Act relate to the school’s Code of Conduct?

A: The Code of Conduct must be amended to reflect the prohibition of discrimination and harassment of students by students or staff in age-appropriate plain language.

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District-Wide Safety Plan

• 2025-2026 District-Wide Safety Plan

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Non-Discrimination Notice

The Franklin Essex Hamilton BOCES does not discriminate on the basis of an individual’s actual or perceived race, color, religion, creed, ethnicity, national origin, citizenship status, age, marital status, partnership status, disability, predisposing genetic characteristics, sexual orientation, gender (sex), military status, veteran status, domestic violence victim status or political affiliation, and additionally does not discriminate against students on the basis of weight, gender identity, gender expression, and religious practices or any other basis prohibited by New York State and/or federal non-discrimination laws in employment or its programs and activities. The District provides equal access to community and youth organizations.

Inquiries regarding the District’s non-discrimination policies should be directed to our Civil Rights Compliance Officer.

Non-Discrimination and Equal Opportunity

The Board of Education, its officers and employees, will not discriminate in its programs and activities on the basis of legally protected classes, such as, but not limited to: race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, national origin, creed, religion (including religious practices), marital status, sex (including pregnancy, childbirth, or related medical condition), gender identity and expression (i.e., actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including but not limited to the status of being transgender), age, sexual orientation, disability (physical or mental), predisposing genetic characteristic, military work or status, domestic violence victim status, citizenship/immigration status, or use of a guide dog, hearing dog, or service dog, as applicable. The BOCES will provide notice of this policy in accordance with federal and state law and regulation.

This policy of nondiscrimination includes access by students to educational programs, counseling services for students, course offerings, and student activities. It further applies to recruitment and appointment of employees, establishing employment pay, benefits, advancement, and/or terminations.

Employees also have protections under state law against discrimination on the basis of their familial status, reproductive healthcare decisions (their own or their dependents’), and certain prior criminal history.

Specific protections for students under the Dignity for All Students Act are addressed in policy 0115, Student Bullying and Harassment Prevention and Intervention. The BOCES will follow the guidance from the State Education Department on creating a safe, supportive, and affirming school environment for transgender and gender-expansive students consistent with legal requirements.]

As a condition of participation in federal meal programs, the BOCES will post the following statement: “In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.” The Discrimination complaint information is available and can be viewed on the U.S. Department of Agriculture (USDA) website.

A finding that an individual has engaged in conduct in violation of this policy may result in disciplinary action and/or filing of a report with third parties in the manner prescribed by the BOCES code of conduct, the law, or applicable contract.

Nothing in this policy will be construed to prohibit a denial of admission into, or exclusion from, a course of instruction or activity based on a person’s gender that would be permissible under the law, or to prohibit, as discrimination based on disability, actions that would be permissible under the law.

Website Accessibility

To promote the accessibility of the BOCES website and social media to persons with disabilities, and as required by federal regulations implementing the Americans with Disabilities Act, the BOCES’s website content and mobile apps will conform to accessibility requirements as required by law. If a technical or legal limitation prevents accessibility, conforming alternate versions of web content may be used. Exceptions to this requirement are outlined in federal regulations 28 CFR Part 35 and include certain archived web content, certain preexisting electronic documents, certain third-party content, individualized secured electronic documents, and preexisting social media posts. The BOCES’s Director of Technology is responsible for addressing the accessibility of the BOCES’s website content and mobile apps.

Annual Notification

At the beginning of each school year, the BOCES will publish a notice of the established grievance procedures for resolving complaints of discrimination to parents/guardians, employees, students, and the community. The public notice will:

1. Inform parents, employees, students, and the community that education programs, including but not limited to vocational programs, are offered without regard to actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression);
2. Provide the name, address, and telephone number of the person designated to coordinate activities concerning discrimination; and
3. Be included in announcements, bulletins, catalogues, and applications made available by the BOCES.

Complaints of sex discrimination and sex-based harassment are addressed by the BOCES Title IX grievance procedure and will also be addressed by other district policies if the conduct is not a violation of Title IX. Complaints of discrimination and harassment made by employees and applicants are also addressed by the process outlined in Policy 0110.2, Sexual Harassment in the Workplace. Complaints of discrimination and harassment by students are also addressed by the process outlined in Policy 0115, Student Bullying and Harassment Prevention and Intervention.

All complainants and those who participate in the investigation of a complaint in conformity with state law and district policies, who have acted reasonably and in good faith, have the right to be free from retaliation of any kind.

The Board authorizes the District Superintendent of Schools to establish such rules, regulations, and procedures necessary to implement and maintain this policy.

Student Harassment and Bullying Prevention and Intervention

The Board of Education is committed to providing an educational and working environment that promotes respect, dignity, and equality. The Board recognizes that discrimination, such as harassment, hazing, and bullying, is detrimental to student learning and achievement. These behaviors interfere with the mission of the BOCES to educate its students and disrupt the operation of the schools. Such behavior affects not only the students who are its targets but also those individuals who participate and witness such acts.

To this end, the Board condemns and strictly prohibits all forms of discrimination, such as harassment, hazing and bullying on school grounds, school buses and at all school-sponsored activities, programs and events. Discrimination, harassment, hazing, or bullying that takes place at locations outside of school grounds, such as cyberbullying, which creates or can be reasonably expected to create a material and substantial interference with the requirements of appropriate discipline in the operation of the school or impinge on the rights of other students, are prohibited and may be subject to disciplinary consequences.

Definitions

1. Bullying: Bullying, under the amended Dignity for All Students Act, has the same meaning as harassment (see below). The accompanying regulation provides more guidance regarding the definition and characteristics of bullying to help the school community recognize the behavior.
2. Cyberbullying: Cyberbullying is defined as harassment (see below) through any form of electronic communication.
3. Discrimination: Discrimination is the act of denying rights, benefits, justice, equitable treatment, or access to facilities available to all others to an individual or group of people because of the group, class, or category to which that person belongs (as enumerated in the Definitions section, under Harassment, below).
4. Hazing: Hazing is an induction, initiation, or membership process involving harassment that produces public humiliation, physical or emotional discomfort, bodily injury, or public ridicule, or creates a situation where public humiliation, physical or emotional discomfort, bodily injury, or public ridicule is likely to occur.
5. Harassment: Harassment has been defined in various ways in federal and state law and regulation. The Board recognizes that these definitions are important standards, but the Board’s goal is to prevent misbehavior from escalating in order to promote a positive school environment and to limit liability. The Dignity for All Students Act (§§10-18 of Education Law) defines harassment as the creation of a hostile environment by conduct or by threats, intimidation, or abuse, including cyberbullying, 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 or physical well-being;
   2. Reasonably causes or would reasonably be expected to cause a student to fear for their physical safety;
   3. Reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or
   4. Occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. The harassing behavior may be based on any characteristic, including but not limited to a person’s actual or perceived:
      • Race (including traits historically associated with race, including, but not limited to, hair texture and protective hairstyles such as but not limited to braids, locks, and twists),
      • Color,
      • Weight,
      • National origin,
      • Ethnic group,
      • Religion,
      • Religious practice,
      • Disability,
      • Sex,
      • Sexual orientation, or
      • Gender (including gender identity and expression).

For the purpose of this definition, the term “threats, intimidation or abuse” includes verbal and non-verbal actions. In some instances, bullying or harassment may constitute a violation of an individual’s civil rights. The BOCES is mindful of its responsibilities under the law and in accordance with district policy regarding civil rights protections. In order to streamline the wording of this policy and regulation, the term bullying will be used throughout to encompass harassment, intimidation, cyberbullying, and hazing behaviors.

Prevention

The school setting provides an opportunity to teach children and emphasize among staff that cooperation with and respect for others is a key district value. A program geared to prevention is designed not only to decrease incidents of bullying but to help students build more supportive relationships with one another by integrating the bullying prevention program into classroom instruction. Staff members and students will be sensitized, through district-wide professional development and instruction, to the warning signs of bullying, as well as to their responsibility to become actively involved in the prevention of bullying before overt acts occur.

Curricular material that raises awareness and sensitivity to discrimination or harassment and civility in the relationships of people of different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, sexes, or gender expression or identities will be included in the instructional program K-12.

In order to implement this program, the Board will designate at its annual organizational meeting a Dignity Act Coordinator (DAC) for each school in the BOCES. One of the DAC’s will be designated as the BOCES-wide coordinator whose responsibilities are described in the accompanying regulation. The role of each DAC is to oversee and enforce this policy in the school to which they are assigned.

In addition, the District Superintendent will establish regulations providing more detail on the specific programs and strategies implemented by the BOCES.

Intervention

Intervention by adults and bystanders is an important step in preventing escalation and resolving issues at the earliest stages. Intervention will emphasize education and skill-building.

Successful intervention may involve remediation. Remedial responses to bullying include measures designed to correct the problem behavior, prevent another occurrence of the behavior, and protect the target. Remediation may be targeted to the individual(s) involved in the bullying behavior or environmental approaches that are targeted to the school or district as a whole.

In addition, the intervention will focus on the safety of the target. Staff are expected, when aware of bullying, to report it in accordance with this policy, refer the student to designated resources for assistance, or to intervene in accordance with this policy and regulation.

Provisions for Students Who Do Not Feel Safe at School

The Board acknowledges that, notwithstanding actions taken by district staff, intervention may require a specific coordinated approach if the child does not feel safe at school. Students who do not feel safe at school are limited in their capacity to learn and reach their academic potential. Staff, when aware of bullying, should determine if accommodations are needed in order to help ensure the safety of the student and bring this to the attention of the Dignity Act Coordinator for their assigned building. The building principal, other appropriate staff, the student, and the student’s parent will work together to define and implement any needed accommodations.

The BOCES recognizes that there is a need to balance accommodations that enhance student safety against the potential to further stigmatize the targeted student. Therefore, each case will be handled individually. The student, parent/guardian, and school administration will collaborate to establish safety provisions that best meet the needs of the targeted student.

Follow-up discussions and/or meetings will be scheduled, as needed, to ensure that safety concerns have been adequately addressed and to determine when and if accommodations need to be changed or discontinued.

Incident Reporting and Investigation

Although it can be difficult to step forward, the BOCES can’t effectively address bullying if incidents are not reported. Students who have been bullied, parents whose children have been bullied, or other students who observe bullying behavior are encouraged and expected to make a verbal and/or written complaint to any school personnel in accordance with the training and guidelines provided. Staff who observe or learn of incident(s) of bullying are required, in accordance with State law, to make an oral report to DAC for their assigned building within one school day and to fill out the BOCES reporting form within two school days. Staff who are unsure of the reporting procedure are expected to ask their supervisors how to proceed. District employees may be deemed to have permitted unlawful discrimination or harassment if they fail to report an observed incident, whether or not the target complains.

At all times, complaints will be documented, tracked, and handled in accordance with the regulations and procedures accompanying this policy, or, if applicable, [0100, Equal Opportunity and Nondiscrimination, or 0110, Sexual Harassment] and the BOCES’s Code of Conduct. The DAC for their assigned building will prepare a quarterly report for the District Superintendent based on complaints filed in accordance with the District Superintendent’s regulations.

The BOCES is also required under the federal Title IX law and its implementing regulations to adopt a grievance procedure for addressing complaints of sex discrimination and sex-based harassment. The Title IX regulations contain a definition of sex discrimination and sex-based harassment, and a standard under which complaints must be assessed, that is different from the one in state law and this policy. The BOCES is required to address complaints that might constitute sex discrimination and sex-based harassment prohibited under Title IX pursuant to its grievance procedure. Because of this, any complaint of sexual harassment under this policy (covered by state law) should also be reviewed under the BOCES’s Title IX grievance procedure, either prior to or in tandem with this policy. See policy 0111 and regulation 0111-R.

An equitable and thorough investigation will be carried out by DAC in accordance with the accompanying regulation. In addition, the results of the investigation will be reported back to both the target and the accused as specified in the accompanying regulation. If either of the parties disagrees with the results of the investigation, they can appeal the findings in accordance with the regulations that accompany this policy. Verified bullying incidents that meet the criteria established by the state will be included in the statewide reporting system when applicable, in accordance with law and regulation.

The Board will receive the annual School Safety and Educational Climate (SSEC) Summary Data Collection Form, the state-required report relevant to bullying, violent, and disruptive incidents, and the school climate, for each building and for the BOCES as a whole.

Based on the review of the data, the Board may consider further action, including but not limited to modification of this policy and additional training.

Disciplinary Consequences/Remediation

While the focus of this policy is on prevention, acts of bullying may still occur. In these cases, offenders will be given the clear message that their actions are wrong and the behavior must improve. Student offenders will receive in-school guidance in making positive choices in their relationships with others. If appropriate, disciplinary action that is measured, balanced and age-appropriate will be taken by the administration in accordance with the BOCES’s Code of Conduct, as applicable. If the behavior rises to the level of criminal activity, law enforcement will be contacted.

Consequences for a student who commits an act of bullying will be unique to the individual incident and will vary in method and severity according to the nature of the behavior, the developmental age of the student, and the student’s history of problem behaviors and must be consistent with the BOCES’s Code of Conduct.

Non-Retaliation

All complainants and those who participate in the investigation of a complaint in conformity with state law and district policies, who have acted reasonably and in good faith, have the right to be free from retaliation of any kind.

Training

The Board recognizes that in order to implement an effective bullying prevention and intervention program, professional development is needed. The District Superintendent, the districtwide DAC, and the District Professional Development Team will incorporate training to support this program in new teacher orientation and the annual professional development plan, as needed. Training opportunities will be provided for all staff, including but not limited to bus drivers, cafeteria and hall monitors, and all staff who have contact with students. The DACs will be trained in accordance with state requirements and will continue their professional development so as to successfully support this policy and program.

Dissemination, Monitoring and Review

This policy, or a plain language summary, will be published in student registration materials, student, parent, and employee handbooks. A bullying complaint form will be available. The BOCES will ensure that the process of reporting bullying is clearly explained to students, staff, and parents on an annual basis.

Each year, as part of the annual review of the Code of Conduct, this policy will be reviewed to assess its effectiveness and compliance with state and federal law. If changes are needed, revisions will be recommended to the Board for its consideration.

The BOCES will ensure that reporting of information to the public in conjunction with this policy will be in a manner that complies with student privacy rights under the Family Educational Rights and Privacy Act (FERPA).

• Bullying Complaint Form

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Records Access Officer (FOIL)

Fulfilling FOIL Requests

The BOCES Records Access Officer will provide copies of records in the format and on the medium requested by the person filing the FOIL request if the BOCES can reasonably do so, regardless of burden, volume, or cost of the request. The BOCES may charge a fee for copies as permitted by law and regulation.

The BOCES may require a person requesting lists of names and addresses to provide a written certification that they will not use the lists of names and addresses for solicitation or fundraising purposes and will not sell, give, or otherwise make available the lists of names and addresses to any other person for the purpose of allowing that person to use the lists of names and addresses for solicitation or fundraising purposes.

Requests for Records via Email

If the BOCES has the capability to retrieve or extract electronic records with reasonable effort, it will provide the records electronically upon request. The BOCES will accept requests for records submitted in the form of email and respond to those requests by email using forms supplied by the BOCES.

When the BOCES maintains requested records on the Internet, the response will inform the requester that the records are accessible via the Internet and in printed form, either on paper or other information storage medium.

Student Records Policy

The Board of the BOCES recognizes its legal responsibility to maintain the confidentiality of student records. As part of this responsibility, the Board will ensure that eligible students and parents/guardians have the right to inspect and review education records, the right to seek to amend education records, and the right to have some control over the disclosure of information from the education record. The procedures for ensuring these rights will be consistent with state and federal law, including the Family Educational Rights and Privacy Act of 1974 (FERPA) and its implementing regulations.

The Board also recognizes its responsibility to ensure the orderly retention and disposition of the agency’s student records in accordance with Schedule LGS-1 as adopted by the Board in policy 1120.

The agency will use reasonable methods to provide access to student educational records only to those authorized under the law and to authenticate the identity of the requestor. The agency will document requests for and release of records, and retain the documentation in accordance with law. Furthermore, pursuant to Education Law §2-d (“§2-d”) and its implementing regulations 8 NYCRR Part 121 (“Part 121”), the agency will execute agreements with third-party contractors who collect, process, store, organize, manage, or analyze student personally identifiable information (PII) to ensure that the contractors comply with the law in using appropriate means to safeguard the data.

Additionally, pursuant to §2-d and Part 121 the agency will only use or disclose student personally identifiable information (including directory information described below) if it benefits students and the agency (e.g., improves academic achievement, empowers parents and students with information, and/or advances efficient and effective school operations), except for disclosure required by federal law of the names, addresses and telephone numbers of secondary students to the military and institutions of higher education.

The Superintendent of Schools is responsible for ensuring that all requirements under law and the Commissioner’s regulations are carried out by the agency.

Definitions

• Authorized Representative: An authorized representative is any individual or entity designated by a State or local educational authority or a Federal agency headed by the Secretary, the Comptroller General, or the Attorney General to carry out audits, evaluations, or enforcement or compliance activities relating to educational programs.
• Education Record: means those records, in any format, directly related to the student and maintained by the agency or by a party acting on behalf of the agency, except:
  • Records in the sole possession of the individual who made it and not accessible or revealed to any other person except a substitute (e.g., memory joggers);
  • Records of the agency’s law enforcement unit;
  • Grades on peer-graded papers before they are collected and recorded by a teacher.
• Eligible student: a student who has reached the age of 18 or is attending postsecondary school.
• Legitimate educational interest: a school official has a legitimate educational interest if they need to review a student’s record in order to fulfill their professional responsibilities.
• Personally identifiable information (PII): as it pertains to students, is information that, alone or in combination, would allow a reasonable person in the school or its community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty. Such data includes, but is not limited to, a student’s: name, address, date and place of birth, mother’s maiden name, family member’s name and address, Social Security number, student identification number, a biometric record, etc. This term is fully defined in federal regulations at 34 CFR section 99.3. The State Chief Privacy Officer has determined that student and parent phone numbers are considered PII.
• School official: a person who has a legitimate education interest in a student record who is employed by the agency as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); a member of the Board of Education; a person or company with whom the agency has contracted to perform a special task (such as attorney, auditor, medical consultant or therapist); or a parent or student serving on an official committee, such as disciplinary or grievance committee, or assisting another school official performing their tasks.
• Third party contractor: is any person or entity, other than an educational agency (which includes schools, school districts, BOCES, or the State Education Department), that receives student or teacher/principal PII from an educational agency pursuant to a contract or other written agreement for purposes of providing services to such educational agency, including but not limited to data management or storage services, conducting studies for or on behalf of such educational agency, or audit or evaluation of publicly funded programs. This includes educational partnership organizations that receive student or teacher/principal PII from a school district to carry out responsibilities under Education Law §211-e (for persistently lowest-achieving schools or schools under registration review) and are not educational agencies. This also includes not-for-profit corporations or other nonprofit organizations, other than an educational agency.

Annual Notification

At the beginning of each school year, the agency will publish a notification that informs parents, guardians, and students currently in attendance of their rights under FERPA and New York State Law and the procedures for exercising those rights. A ‘Parents’ Bill of Rights for Data

Privacy and Security’ will be posted on the agency website and included in any agreements with third-party contractors (see 8635-E). The notice and ‘Bill of Rights’ may be published in a newspaper, handbook, or other school bulletin or publication. The notice and ‘Bill of Rights’ will also be provided to parents, guardians, and students who enroll during the school year.

The notice and Parents’ Bill of Rights will include a statement that the parent/guardian or eligible student has a right to:

1. Inspect and review the student’s education records;
2. Request that records be amended to ensure that they are not inaccurate, misleading, or otherwise in violation of the student’s privacy rights;
3. Consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent; and
4. File a complaint with the United States Department of Education alleging failure of the agency to comply with FERPA and its regulations; and/or file a complaint regarding a possible data breach by a third-party contractor with the agency and/or the New York State Education Department’s Chief Privacy Officer for failure to comply with state law.
5. The annual notice and Parents’ Bill of Rights will inform parents/guardians and students:
6. It is the agency’s policy to disclose personally identifiable information from student records, without consent, to other school officials within the agency whom the agency has determined to have legitimate educational interests. The notice will define ‘school official’ and ‘legitimate educational interest.’
7. That, upon request, the agency will disclose education records without consent to officials of another school agency in which a student seeks to or intends to enroll or is actually enrolled.
8. That personally identifiable information will be released to third-party authorized representatives for the purposes of educational program audit, evaluation, enforcement, or compliance.
9. that the agency, at its discretion, releases directory information (see definition below) without prior consent, unless the parent/guardian or eligible student has exercised their right to prohibit release of the information without prior written consent. The agency will not sell directory information.
10. That, upon request, the agency will disclose a high school student’s name, address and telephone number to military recruiters and institutions of higher learning unless the parent or secondary school student exercises their right to prohibit release of the information without prior written consent.
11. Of the procedure for exercising the right to inspect, review, and request amendment of student records.
12. The agency will provide information as a supplement to the ‘Parents’ Bill of Rights’ about third parties with which the agency contracts that use or have access to personally identifiable student data.

The agency may also release student education records or the personally identifiable information contained within, without consent, where permitted under federal and state law and regulation. For a complete list of exceptions to FERPA’s prior consent requirements, see accompanying regulation 5500-R, Section 5.

The agency will effectively notify parents, guardians, and students who have a primary or home language other than English.

In the absence of the parent or secondary school student exercising their right to opt out of the release of information to the military or institutions of higher education, the agency is required to, under federal law, release the information indicated in number five (5) above.

Directory Information

The agency has the option under FERPA of designating certain categories of student information as “directory information.” The Board directs that “directory information” may include a student’s

• Name
• Address (except information about a homeless student’s living situation, as described below)
• Telephone number
• Major course of study
• Participation in school activities or sports
• Dates of attendance
• Degrees and awards received
• Most recent school attended
• Grade level
• Photograph
• E-mail address
• Enrollment status

Information about a homeless student’s living situation will be treated as a student educational record and will not be deemed directory information. A parent/guardian or eligible student may elect, but cannot be compelled, to consent to the release of a student’s address information in the same way they would for other student education records. The agency’s McKinney-Vento liaison will take reasonable measures to provide homeless students with information on educational, employment, or other postsecondary opportunities and other beneficial activities. The agency permits the parent/guardian to select the school’s address as the student’s address for purposes of directory information.

Social security numbers or other personally identifiable information will not be considered directory information.

Students who opt out of having directory information shared may still be required to wear, display or disclose a student ID badge depending on their program requirements.

Once the proper FERPA notification is given by the agency, a parent/guardian or student will have 14 days to notify the agency of any objections they have to any of the “directory information” designations. If no objection is received, the agency may release this information without prior approval of the parent/guardian or student for the release, as long as such release is permitted by §2-d and Part 121. Once the student or parent/guardian provides the “opt-out,” it will remain in effect after the student is no longer enrolled in the agency.

The agency may elect to provide a single notice regarding both directory information and information disclosed to military recruiters and institutions of higher education.

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SHELL Emergency Response Procedure

We use the S.H.E.L.L. Emergency Response Procedure to understand which protocol to follow in a potential emergency.

• Shelter in Place: Shelter students and staff inside the building when it is safer inside the building than outside.
  • Ex: Gas leak, tornado
• Hold in Place: Restrict the movement of students and staff within the building while dealing with short-term emergencies.
  • Ex: Medical emergency, fighting
• Evacuation: Evacuate students and staff from the building when it is safer outside than inside the building.
  • Ex: Fire, bomb threat, intruder
• Lockout: Secure all students and staff inside the building, away from outside danger.
  • Ex: Nearby armed robbery, fire close by
• Lockdown: Immediate threat of violence. Secure students and staff inside locked classrooms.
  • Ex: Active shooter, intruder

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Title IX/504/Civil Rights/Age Discrimination Policy

The Franklin-Essex-Hamilton BOCES advises students, parents, employees, and the general public that it offers employment and educational opportunities without regard to race, creed, color, national origin, age, marital status, disability, or sex.

Inquiries or complaints alleging discrimination based on race, creed, color, national origin, age, marital status, disability, or sex should be directed to our Title IX Compliance Officers by filling out a Record for Complaint form.

Policies

General Policy Regarding Employment and Personnel

1. The Board of Cooperative Educational Services of Franklin-Essex-Hamilton Counties (hereinafter referred to as the BOCES) shall not limit, segregate, or classify applicants or employees in any way that could cause adverse effects on the basis of race, creed, color, national origin, age, marital status, disability, or sex.
2. The BOCES shall not administer or operate any tests or other criteria for employment opportunity which have a disproportionately adverse effect on persons on the basis of race, creed, color, national origin, age, marital status, disability, or sex.
3. The BOCES shall make no distinction on the basis of race, creed, color, national origin, age, marital status, disability, or sex in recruitment, hiring, training, job assignment, fringe benefits, or compensation; nor shall any employee be discriminated against or excluded from employment on the basis of pregnancy or related circumstances which shall be treated as temporary illnesses.

Policy Regarding Clubs and School Activities

1. No club or school activity that discriminates on the basis of race, creed, color, national origin, age, marital status, disability, or sex shall be approved by the BOCES.
2. Future construction or renovation undertaken by the BOCES shall provide comparable facilities where such facilities are segregated by sex or disability in accordance with the Regulations.

Policy Regarding Insurance

The BOCES hereby affirms that where insurance is provided by the district, such insurance shall be equal regardless of race, creed, color, national origin, age, marital status, disability, or sex.

Policy Regarding Career and Technical Education Classes

Access to Career & Technical Education classes shall not be limited on the basis of race, creed, color, national origin, age, marital status, disability, or sex, nor shall separate standards of dress for sanitation and safety be required on the basis of race, creed, color, national origin, age, marital status, disability, or sex.

Policy Regarding Pupil Programming, Guidance, and Curriculum

1. The BOCES hereby affirms that it shall not provide any course or otherwise carry out any of its education programs or activities separately on the basis of race, creed, color, national origin, age, marital status, disability, or sex, or require or refuse participation therein by any of its students on such basis, including Health, Business, Career & Technical Education, and Adult Education courses.
2. No person shall, on the basis of race, creed, color, national origin, age, marital status, disability, or sex, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, career and technical training, or other education program or activity operated by the BOCES.
3. The BOCES hereby affirms that in providing any aid, benefit, or service to a student, it shall not, on the basis of race, creed, color, national origin, age, marital status, disability, or sex:
   • Treat one person differently from another in determining whether such person satisfies any requirement or condition for the provision of such aid, benefit, or service.
   • Provide different aid, benefit, or service, or provide aid, benefit, or service in a different manner.
   • Deny any person any such aid, benefit, or service.
   • Subject any person to separate or different rules of behavior, sanctions, or other treatment.
   • Discriminate against any person in the application of any rules of appearance.
   • Aid or perpetuate discrimination against any person by providing significant assistance to any agency, organization, or person that discriminates on the basis of race, creed, color, national origin, age, marital status, disability, or sex in providing any aid, benefit, or service to students.
   • Otherwise, limit any person in the enjoyment of any right, privilege, advantage, or opportunity.
4. The BOCES hereby affirms that no honors, awards, or privileges shall be made on the basis of race, creed, color, national origin, age, marital status, disability, or sex.
5. The use of school facilities shall not be approved or refused solely on the basis of race, creed, color, national origin, age, marital status, disability, or sex.

Policy Regarding Guidance

1. The BOCES hereby affirms that there shall be no discrimination against any person on the basis of race, creed, color, national origin, age, marital status, disability, or sex in the counseling or guidance of students or applicants for admission.
2. The BOCES hereby affirms that non-biased materials in the use of testing or other materials for appraising or counseling students will be used.
3. The BOCES hereby affirms that there shall be no discrimination in the operation of or participation in work-study programs operated by the BOCES.

Responsibilities Regarding Compliance

1. To implement the Compliance Policy, a Compliance Officer is designated annually and authorized to coordinate and carry out the responsibilities of the BOCES under this section and to assure necessary compliance with the regulations, and to process any grievances which may be filed in accordance with the Title IX, Section 504 (HEW), the Civil Rights Act of 1964 and the Age Discrimination Act of 1975 procedures adopted by the school district.
2. The BOCES hereby directs the Compliance Officer to ensure the continuation of publication of its Notice of Compliance in course announcements, bulletins or catalogues, application forms, student and employee recruitment materials, student handbooks, and official policy statements.
3. The BOCES hereby directs the Compliance Officer to review all future purchases of textbooks, instructional materials, audio-visual aids, etc., to avoid textual or illustrative references to biased treatment that discriminates on the basis of race, creed, color, national origin, age, marital status, disability, or sex.
4. The BOCES hereby directs the District Superintendent or his/her designee to conduct a periodic district self-evaluation to assure compliance with Title IX, Section 504 (HEW), Civil Rights, and Age Discrimination regulations. Such self-evaluation shall include the following procedures:
   • Review of regulations in specific areas.
   • A delineation of required activities and procedures.
   • A policy directive for staff.
   • The collection of data for compliance review.
   • An analysis of reports relating to self-evaluation activities.
   • Preparation of self-evaluation documentation.
   • Provision to monitor the modifications mandated.
   • Regular progress reports on self-evaluation.
   • Provisions to maintain a file for 3 years (with reference to remedial steps taken).

Definitions

1. Recipient: The agency or educational institution receiving federal funds used for all or part of educational programs or activities; in this instance, the BOCES.
2. Aggrieved Party: The student or employee who alleges to have been discriminated against on the basis of race, creed, color, national origin, age, marital status, disability, or sex in educational programs or activities.
3. Compliance Officer: The person designated by the BOCES to coordinate efforts to comply with Title IX Rules and Regulations, Section 504 of the Rehabilitation Act of 1973, the Civil Rights Act of 1964, and the Age Discrimination Act of 1975.
4. Grievance: Shall mean a dispute between the student or employee and the BOCES.
5. Hearing: Will provide an opportunity for the aggrieved student or employee to present his/her grievance and all facts surrounding it to the appropriate hearing officer or Board of Education. All facts, questions, and opinions will be presented openly to ensure a prompt and equitable resolution to this dispute.
6. Day: Shall mean a day when school is in session.
7. Full Statement: Shall mean a written grievance including all alleged events and conditions constituting a complaint.
8. Title IX: Is that portion of the Education Amendments of 1972 which forbids discrimination on the basis of sex in educational programs or activities that receive federal funds.
9. Section 504 (HEW): Is that portion of the Rehabilitation Act of 1973 which forbids discrimination on the basis of a handicap or disability in educational programs or activities that receive federal funds.
10. Civil Rights Act of 1964: Protects the rights of personal liberty guaranteed to United States citizens by the 13th and 14th Amendments to the Constitution and by the Acts of Congress.
11. Age Discrimination Act of 1975: Prohibits discrimination against individuals on the basis of age.

Grievance Procedure for Alleged Violations

Procedural Steps

1. All decisions under this procedure shall be rendered in writing and shall include findings of fact, conclusions, and supporting reasons therefor.
2. The normal school or work day will not be interrupted by the preparation and processing of such matters.
3. A “Record for Complaint” for filing such grievances may be obtained from the Office of the District Superintendent of Schools.
4. The District Superintendent of the BOCES or his/her designee shall be responsible for maintaining a record of all proceedings which will be available for inspection and review at any subsequent stage of the process.
5. The time limits specified for either party may be extended only by mutual agreement.
6. If a decision at one stage is not appealed to the next stage within the time limit or if the intent of the aggrieved is not communicated, it will be assumed that the grievance has been satisfactorily settled.
7. Any employee or student of the school district believing him or herself aggrieved because of discrimination based on sex under Title IX, discrimination based on a disability under Section 504, or discrimination based on a disability under the Civil Rights Act of 1964 or the Age Discrimination Act of 1975 may file a grievance. All grievances should be initiated through the procedure set forth below.
8. Informal resolution should be sought by the aggrieved student or employee at the building level with their direct BOCES supervisor.

Stage 1: Compliance Officer

1. The aggrieved student or employee shall submit his/her grievance, in writing, on the “Record for Complaint” to the Compliance Officer. The written grievance shall be in the form of a full statement containing the nature of the alleged events or conditions constituting the grievance, the identity of the responsible party, and the redress sought.
2. Upon receipt of the full statement, the Compliance Officer or his/her designee shall investigate the circumstances of the complaint within one week (5 days).
3. Render a decision within two weeks (10 days) after receipt of the grievance statement and notify the aggrieved student or employee, in writing.

Stage 2: District Superintendent or His/Her Designee

1. The Compliance Officer requests the District Superintendent or his/her designee to review the grievance.
2. Within one week (5 days) of the request for appeal, the District Superintendent or his/her designee will schedule a hearing with the aggrieved student or employee and the Compliance Officer.
3. Within one week (5-days) after the hearing, the District Superintendent or his/her designee shall render a decision in writing on the grievance to the aggrieved student or employee, which shall be final. The aggrieved student or employee and the Compliance Officer will receive copies of the decision.
4. The aggrieved student or employee will accept the decision, in writing, addressed to the Compliance Officer; or
5. Disagree with the decision, in writing, addressed to the Compliance Officer within one week (5 days). N.B. In the event that the aggrieved student or employee is not satisfied with the decision rendered by the District Superintendent, he or she may pursue the issue by filing an appeal with:
   
   The New York State Commissioner of Education
   New York State Education Department
   Washington Avenue
   Albany, NY 12234
   
   The aggrieved student or employee may also file a complaint with the agency listed below:
   
   United States Department of Education
   New York Office for Civil Rights – Enforcement Office
   32 Old Slip, 26th Floor
   New York, NY 10005
   Phone: 646-428-3900

None of the above is intended to deny the right of complaint at any stage to the Secretary of the Department of Health, Education and Welfare.

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