Oneida Board of Cooperative Educational Services
Document Sample


Policy Statements
Formulated by:
Oneida Board of Cooperative
Educational Services
FOREWORD
Contained herein are the policy statements formulated by the Oneida Board of Cooperative
Educational Services.
Policy is defined as a basic plan of action. It establishes limits within which freedom of
judgment can be exercised.
Policy is a governing principle of management. It is a statement which has an effect on the
interests of those who come under its jurisdiction. A policy may originate from the constitution, from
statute, from local determinations and/or from customary patterns of formal behavior.
Policy should accomplish the following:
a) State a position taken by the Supervisory District;
b) Grant the authority to act;
c) Be sufficiently detailed to give adequate direction;
d) Be achievable within the real environment of the school and community;
e) Provide for impartial procedures.
The Board, in its development of policies, stands as a legislative body. Its resolutions have the
force of law. The District Superintendent is the Executive Officer of the Board and reports to the
Board the policies in operation and proposes changes. In addition to the adopted policies, the
operation of the Board of Cooperative Educational Services is governed by and subject to all
applicable Laws, Regulations of the Commissioner of Education, Civil Service requirements, Board
Resolutions, School Administrative Regulations and Contracts of Agreement.
This handbook has been developed to carry out, within the framework of the law, the operation
of the Board of Cooperative Educational Services of the Sole Supervisory District of Oneida,
Herkimer and Madison Counties. This handbook contains only the general policies that provide the
administrative staff with positive direction in developing regulations and procedures to implement the
policies. The regulations and procedures can be found in a separate handbook entitled Supervisor's
Procedure Manual for General Program Management.
If any part of this manual is made invalid by judicial decision or legislative or administrative
enactment, all other parts shall remain in full effect unless and until they are amended or repealed by
the Board. The official record of the adoption, amendment, or repeal of the by-laws and policies of
the Oneida BOCES shall be the minutes of the meetings of the Board.
PHILOSOPHY STATEMENT
The philosophy of the Board guides the staff in the administration of responsibilities assigned
under the law. BOCES undertakes or arranges only those educational programs or services that the
individual districts cannot more economically or efficiently carry out themselves.
The system of interaction among component districts and BOCES gives rise to the development
and production of programs and services that has as its basis a desire by all component districts to pool
their resources in the pursuit of student programs and services of high quality at reasonable cost.
All divisions of BOCES should provide students and other consumers of services the opportunity
to benefit as individuals and groups.
Upon request, BOCES will furnish services to neighboring boards of cooperative educational
services and other state approved agencies through contractual arrangements.
2003 1000
By-Laws
Oneida BOCES NUMBER
BY-LAWS
(Section 1000)
ORGANIZATION OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES
1.1 Organization and Authority ....................................................................................1110
1.2 Number of Members and Term of Office...............................................................1120
NOMINATION AND ELECTION OF BOARD MEMBERS
2.1 Board Members: Qualifications.............................................................................1210
2.2 Board Members: Nomination and Election ...........................................................1220
2.3 Vacancies on the Board ..........................................................................................1230
ROLE OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES
3.1 Powers and Duties of the Board and Its Officers....................................................1310
3.1.1 Duties of the President................................................................................1311
3.1.2 Duties of the Vice President .......................................................................1312
3.1.3 Duties of the Clerk of the Board.................................................................1313
3.1.4 Duties of the Treasurer ...............................................................................1314
3.1.5 Duties of the Internal Auditor.....................................................................1315
3.1.6 Duties of the School Attorney ....................................................................1316
3.1.7 Duties of the Purchasing Agent ..................................................................1317
3.1.8 Records Officers .........................................................................................1318
3.1.9 Designated Educational Official…………………………………………..1319
3.2 Methods of Operation .............................................................................................1320
3.3 Principles for School Board Members....................................................................1330
3.4 Board Communications with Component Districts.........................................................1340
2003 1000
By-Laws
BY-LAWS (Cont'd.) NUMBER
(Section 1000)
METHODS OF OPERATION
4.1 Formulation and Adoption of Policy ......................................................................1410
4.2 Execution of Policy: Administrative Regulations .................................................1420
4.3 Meetings
4.3.1 Regular Meetings of the Board of Cooperative Educational Services .......1431
4.3.2 Order of Business at Regular Board Meetings ...........................................1432
4.3.3 Executive Sessions......................................................................................1433
4.3.4 Quorum .......................................................................................................1434
4.3.5 Minutes of the Board ..................................................................................1435
4.3.6 Special Meetings of the Board....................................................................1436
4.3.7 Annual Meeting ..........................................................................................1437
4.3.8 Reorganizational Meeting...........................................................................1438
4.4 Non-Discrimination ................................................................................................1440
INTERNAL BOARD OPERATIONS
5.1 Use of Parliamentary Procedure .............................................................................1510
5.2 Travel Reimbursement............................................................................................1520
5.3 Membership in Associations...................................................................................1530
5.4 Board Self-Evaluation.............................................................................................1540
5.5 Orienting New Board Members..............................................................................1550
5.6 Compensation and Expenses ..................................................................................1560
2002 1000
By-Laws
BY-LAWS (Cont'd.) NUMBER
(Section 1000)
INTERNAL BOARD OPERATIONS (Cont'd.)
5.7 Board Committees ..................................................................................................1570
5.7.1 Advisory Committees and Councils ...........................................................1571
5.7.2 BOCES Consortium of Continuing Education ...........................................1572
5.8 Objectives and Their Accomplishment...................................................................1580
5.9 Shared Decision Making Plan (Commissioner's Regulation).................................1590
2002 1110
By-Laws
SUBJECT: ORGANIZATION AND AUTHORITY
As a corporate body created under the Education Law of New York State, the Oneida BOCES
Cooperative Board has full authority, within the limitations of federal and state laws and the
Regulations of the Commissioner of Education and interpretations of them, to carry out its power and
duties in matters of education.
In all cases where laws or regulations of the State Commissioner of Education do not provide,
permit, or prohibit, the Board shall consider itself the agent responsible for establishing and appraising
educational matters and activities.
All authority rests with the Board as a whole and not with any individual member or any group
of members in any committee. Committee members may act on an individual basis only when
specifically delegated with the authority by the Board. All final policy decisions are placed in the
hands of the BOCES Cooperative Board.
Education Law Section 1950
Adopted: 7/10/02
2002 1120
By-Laws
SUBJECT: NUMBER OF MEMBERS AND TERM OF OFFICE
The Oneida BOCES Board of Cooperative Educational Services shall consist of twelve (12)
members elected to represent the twelve (12) component districts within the BOCES area.
Members of the Oneida BOCES Cooperative Board shall serve on the Board for a term of three
(3) years, commencing July 1 following election.
Education Law Section 1950(2)
Adopted: 7/10/02
2002 1210
By-Laws
SUBJECT: QUALIFICATIONS OF BOARD MEMBERS
Any eligible voter who resides within the boundaries of a component school district may be
elected to the Board of Cooperative Educational Services. A candidate need not be a member of a
board of education of the districts. A candidate must be eligible to hold office in a component district.
Employees of any of the BOCES component school districts, or employees of Oneida BOCES, are
ineligible for election to the Board of Cooperative Educational Services.
No more than one Board member may reside in a given component district unless otherwise
permitted in accordance with law. No more than one member of a family shall be a member of the
Board.
Educational Law Sections 1950(2-a) and 2103
Adopted: 7/10/02
2002 1220
By-Laws
SUBJECT: NOMINATION AND ELECTION OF BOARD MEMBERS
The component boards shall be notified by February 1st of each year of vacancies on the Board
to be filled at the Annual Election.
Nominations will occur by resolution of the board of education of one or more component school
districts and shall be transmitted in writing to the Clerk of the BOCES at least thirty (30) days prior to
the date designated by the President of the Oneida Board of Cooperative Educational Services for the
election.
Election of the Cooperative Board members will occur on a date selected by the President of the
Cooperative Board that is on or after April sixteenth and on or before April thirtieth. No component
district may have more than one member on the Cooperative Board. The ballot will be prepared by
the Clerk of the BOCES and mailed to each component district no later than fourteen (14) days prior
to the date designated as the day of the election by the President of the Board of Cooperative
Educational Services.
Each component district is entitled to cast one vote for each vacant Board position. A
component board may not cast more than one vote for any individual candidate.
The candidates receiving a plurality of the votes cast are elected. Any tie vote will be broken by
a runoff to be held within twenty (20) days of the initial vote.
Board members are elected for terms as indicated in Policy #1120 -- Number of Members and
Term of Office.
Education Law Section 1950(2-a)
Adopted: 7/10/02
2002 1230
By-Laws
SUBJECT: VACANCIES ON THE BOARD
Should a vacancy in the membership of the Board of Cooperative Educational Services occur
(as, for example, through the death, resignation, or removal from office of a member, or under such
other circumstances in which the office would otherwise be deemed vacant under applicable law), the
following procedures shall be followed to fill the vacancy:
a) If the vacancy occurs on or after January 1st and prior to the fifth day preceding the date
designated for submission of nominations of candidates, the Board of Cooperative
Educational Services may fill such vacancy by appointment. Such position may be filled
only by majority vote of the full Board membership. The individual so appointed shall
hold office until the next annual election.
b) If the vacancy occurs before January 1st in any school year, or, during the period beginning
five days prior to the date designated for submission of nominations of candidates and
ending on the last day of the school year, the vacancy shall be filled by special election, no
later than 45 days after the date the vacancy occurred.
A member of the BOCES who refuses or neglects to attend three successive meetings of the
BOCES of which he/she is duly notified, without rendering a good and valid excuse therefore to the
other members of the BOCES, vacates his/her office by refusal to serve.
Board Member Resignations/Removal From Office
Resignations
A member who resigns shall file a resignation with the District Superintendent of Schools who
shall file same with the Clerk of the Board.
Removal
A Board member or officer may be removed from office by the Commissioner of Education
and/or under specific conditions as enumerated in law or regulation.
Education Law Section 1950(2-a)(f)
Public Officers Law Section 30
Adopted: 7/10/02
2002 1310
1 of 3
By-Laws
SUBJECT: POWERS AND DUTIES OF BOARD MEMBERS
Board power is corporate power. Authority to exercise it rests with the Board as a whole and not
with any individual member or any group of members in committee. No member of the Board as an
individual has the right to exercise the authority of the Board. A Board member has authority only
when meeting with the full Board, unless specifically delegated authority to act on behalf of the Board.
The Board has the final responsibility for whatever takes place in the BOCES system. For that
reason all final decisions must be made by the Board.
In general, the BOCES Board is empowered to:
a) Appoint the District Superintendent/Executive Officer with the approval of the
Commissioner of Education.
b) Prepare separate tentative budgets of expenditure for program, capital and administrative
costs for the BOCES in accordance with the Commissioner's regulations. Adopt the final
program, capital and administrative budgets no later than May 15. After applicable state
aid has been deducted, component school districts are to be charged for their proportionate
shares of the budget.
c) Appoint unclassified and classified staff members upon the recommendation of the
Executive Officer.
d) Approve and establish programs and services and enter into necessary contracts.
e) Establish the policies for BOCES operations, personnel matters and programs.
f) Establish the policies for the financial management for the BOCES programs; receive all
reimbursement from public funds and allocate costs for services rendered to districts.
g) Approve the rental, leasing, or construction of facilities for programs and services.
h) Make such reports as are required by the Commissioner of Education.
i) Elect one of its members as President, one as Vice-President, appoint one of its members or
another qualified voter within the BOCES as Clerk, and another qualified voter within the
BOCES as Treasurer.
j) Borrow money in anticipation of revenue due to BOCES.
(Continued)
2002 1310
2 of 3
By-Laws
SUBJECT: POWERS AND DUTIES OF BOARD MEMBERS (Cont'd.)
k) Make or cause to be made surveys to determine the need for cooperative educational
services in the supervisory district and present the findings of their surveys to local school
authorities.
l) To fill any vacancy which may occur on the Board of any member or officer of said Board.
See Policy #1230 -- Vacancies on the Board.
m) Provide requested transportation for pupils to and from classes maintained by BOCES
either by means of its own vehicles or through contracting with other school districts or
approved private contractors.
n) With the approval of the District Superintendent and the Commissioner of Education, to
furnish contracted educational services to school districts outside the supervisory district
and to contract with other BOCES on a regional basis.
o) To provide workmen's compensation coverage as provided in the workmen's compensation
law to all employees for injuries sustained during the performance of their duties.
p) To purchase necessary furniture, equipment, implements, apparatus and supplies.
q) To accept gifts of real and personal property.
r) To sell, when approved by the qualified voters of the BOCES district, any real property the
title for which is held by the BOCES. The resolution of sale shall stipulate the conditions
of the sale. Proceeds of such sale shall be applied as provided by the resolution authorizing
the sale; also when so authorized, to exchange real property belonging to the BOCES for
purposes of improving or changing school sites.
s) When authorized by the qualified voters of the BOCES district, to purchase or otherwise
acquire buildings, sites or additions thereto, to purchase or otherwise acquire real property
for any lawful purpose and to construct buildings thereon.
Number of Members of the Board
The BOCES Board has twelve members, at least four of whom shall be elected each year at the
annual meeting in April, for a three-year term of office to start July first.
(Continued)
2002 1310
3 of 3
By-Laws
SUBJECT: POWERS AND DUTIES OF BOARD MEMBERS (Cont'd.)
Orientation of New BOCES Board Members
Newly elected BOCES Board members shall be invited to attend meetings prior to taking office.
They shall be encouraged to attend county, state, and national school board meetings; the annual
statewide BOCES conference, if operated; and other appropriate meetings. They shall be furnished
with written policy statements, regulations, copies of employee negotiation contracts, law handbooks,
etc. They shall be taken on conducted tours of BOCES facilities; additional orientation is provided by
the District Superintendent and other staff members.
Education Law Sections 1701 and 1950(4)
NOTE: Refer also to Policy #5360 -- Defense and Indemnification of Board Members and
Employees.
Adopted: 7/10/02
2002 1311
By-Laws
SUBJECT: DUTIES OF THE PRESIDENT
The President shall be a member of the Board, and be elected by the Board at its Annual
Reorganizational Meeting. The term of office for President shall be one year. The duties of the
President are to:
a) Preside at all meetings of the Board;
b) Call special meetings of the Board when necessary or on request;
c) Appoint all committees and fill any committee vacancies with the advice of other Board
members;
d) Act as an ex-officio member of all committees;
e) Execute documents on behalf of the Board;
f) Perform the usual and ordinary duties of the office of President.
Education Law Section 1950(4)(j)
Adopted: 7/10/02
2002 1312
By-Laws
SUBJECT: DUTIES OF THE VICE PRESIDENT
The Vice President shall be a member of the Board, elected by the Board at its Annual
Reorganizational Meeting, and shall serve for a period of one year. The Vice President shall perform
such duties as the President or the Board of Cooperative Educational Services may prescribe. The
Vice President shall perform the normal duties of the President in case of the absence or disability of
the President.
In case of vacancy in the office of the President, the Vice President shall act as President until a
President is elected.
Education Law Section 1701
Adopted: 7/10/02
2002 1313
By-laws
SUBJECT: DUTIES OF THE CLERK OF THE BOARD
a) The Clerk of the Board of Cooperative Educational Services shall be appointed by the Board at
its Annual Reorganizational Meeting and shall perform the duties prescribed by Education Law
and the Regulations of the Commissioner of Education. The term of office of the Clerk shall be
one year.
b) All official records and proceedings of the Board of Cooperative Educational Services shall be
recorded and kept by the Clerk of the Board.
c) The Clerk shall, in addition:
1. Attend all meetings of the Board;
2. Be responsible for full and accurate minutes of the meetings of the Board;
3. Give notice of all special meetings of the Board;
4. Be responsible for arranging publication of all legal notices with regard to BOCES
business and meetings as required by law;
5. Make arrangements for and be responsible for the details of the Annual Meeting;
6. Conduct the Reorganizational Meeting until a President and Vice President are sworn in.
Education Law Sections 1950(4)(j) and 2130
Public Officers Law Section 104
Adopted: 7/10/02
2002 1314
By-Laws
SUBJECT: DUTIES OF THE TREASURER
The Treasurer of the Board of Cooperative Educational Services shall be appointed by the Board
at its Annual Reorganizational Meeting and shall serve for a period of one year.
a) The Treasurer of the BOCES shall perform the duties prescribed by law and the
Commissioner of Education.
b) The Treasurer shall:
1. Be the financial officer;
2. Be the custodian of all moneys belonging to the BOCES from whatever source
derived;
3. Deposit these moneys in the depository designated by the Board;
4. Pay all authorized obligations of the BOCES as directed;
5. Give detailed quarterly accounts of money budgeted, received and disbursed;
6. Render an annual report at the end of the fiscal year following audit of the Treasurer's
accounts.
Before entering upon the duties of the office, the Treasurer shall be bonded. The Board of
Cooperative Educational Services shall purchase a bond to cover the Treasurer in such amount as the
Board shall annually designate.
Education Law Sections 1950(7)(j) and 2130
8 New York Code of Rules and Regulations
(NYCRR) Section 170.2(o) and (p)
Adopted: 7/10/02
2002 1315
By-Laws
SUBJECT: DUTIES OF THE INTERNAL AUDITOR
The Internal Auditor shall be appointed by the Board at its Annual Reorganizational Meeting and
shall serve at the pleasure of the Board. It shall be the responsibility of the Internal Auditor to:
a) Report to the Board through the District Superintendent.
b) Audit all bills for payment from funds of the Supervisory District.
1. Review all bills and supporting vouchers and documents;
2. Ascertain that all items being billed have been received;
3. Check invoices for discounts and make sure they match with payments (checks);
4. Certify lists of bills for payment.
c) Perform such other duties provided by law or as may be assigned as pertinent to the Office
of Internal Auditor.
8 New York Code of Rules and Regulations
(NYCRR) Section 170.2
Adopted: 7/10/02
2002 1316
By-Laws
SUBJECT: DUTIES OF THE SCHOOL ATTORNEY
The procedure for the acquisition of legal services to the BOCES shall be determined annually by
the Board. The attorney selected shall advise the Board and District Superintendent in all matters of a
legal or technical nature relating to the interpretation of statutes and case law.
Adopted: 7/10/02
2002 1317
By-Laws
SUBJECT: DUTIES OF THE PURCHASING AGENT
a) The Board of Cooperative Educational Services shall appoint at its Annual Reorganizational
Meeting a person to serve the BOCES as Purchasing Agent for the purpose of transacting
BOCES purchases. The Purchasing Agent shall serve for a period of one year.
b) The Board shall also appoint a person to serve in the absence of the Purchasing Agent.
c) The function of the Purchasing Agent shall be to serve the educational program by providing
supplies, equipment and services deemed essential by the responsible Program Director or
Administrator.
d) The Purchasing Agent shall:
1. Comply with all applicable laws and regulations;
2. Without prejudice, seek to maximize the educational value for every expenditure;
3. Determine that adequate funds are available prior to committing the BOCES to purchases.
Adopted: 7/10/02
2002 1318
By-Laws
SUBJECT: RECORDS OFFICERS
Records Access Officer
The Records Access Officer shall be responsible for handling all requests of official records of
the Board of Cooperative Educational Services in accordance with established law, rules and
regulations. (Refer also to Policies #2310 -- Public Access to Records and #6320 -- Student Records:
Access and Challenge.)
Records Management Officer
A Records Management Officer shall be appointed by the Board, and shall be responsible for
providing information in accordance with state regulations. (Refer also to Policy #4560 -- Records
Management.)
Records Retention and Disposition Officer
A Records Retention and Disposition Officer shall be appointed by the Board, and shall be
responsible for the retention and disposition of records in accordance with state regulations.
Adopted: 7/10/02
2003 1319
By-Laws
SUBJECT: DESIGNATED EDUCATIONAL OFFICIAL
The Designated Educational Official will receive court notifications regarding students’
sentences/adjudication in certain criminal cases and juvenile delinquency proceedings.
Education Law Section 305(31)
Adopted 3/12/03
2002 1320
By-Laws
SUBJECT: METHODS OF OPERATION
The Board of Cooperative Educational Services operates at the policy-making level, leaving the
administration of that policy to its District Superintendent, administrators and supervisors, thus freeing
itself for major considerations and decisions.
Board policies are statements which set forth the purposes and prescribe in general terms, the
organization and program of a school system. They create a framework within which the District
Superintendent and other staff can discharge their assigned duties with positive direction. Essentially,
they tell what is desired and they may also indicate reasons why and how much.
Specific direction, however, giving precise details of how, by whom, where, and when things are
to be done, are rules and regulations.
This distinction between policy and rules and regulations does not imply that policy should deal
only with abstract expressions of theory and philosophy. On the contrary, statements of policy should
spell out clearly what the Board intends. The clearer the statement of the policy the clearer the
directions to be taken by the administration.
Education Law Section 1709
Adopted: 7/10/02
2002 1330
By-Laws
SUBJECT: PRINCIPLES FOR SCHOOL BOARD MEMBERS
The success of every school system depends on an effective working relationship between the
School Board and the District Superintendent. This code emphasizes the most important goals and
obligations of that relationship.
a) Assure the opportunity for high quality education for every student and make the well-
being of students the fundamental principle in all decisions and actions.
b) Obey all national, state, and local laws and regulations pertaining to education and public
agencies.
c) Represent the entire community without fear or favor, while not using these positions for
personal gain and accepting all responsibilities as a means of unselfish service.
d) Uphold the principles of due process and individual dignity, and protect the civil and
human rights of all.
e) Adhere to the principle that the Board shall confine its role to policymaking, planning, and
appraisal while the District Superintendent shall implement the Board's policies.
f) Act as part of an educational team with mutual respect and regard for each other's
respective responsibilities and duties, recognizing that the strength of a school Board is in
acting as a Board, not as individuals; and that the strength of the District Superintendent is
in being the educational leader of the school district.
g) Maintain high standards and the effectiveness of education through research and continuing
professional development.
h) Preserve the obligation of having all issues considered fairly and without bias.
i) Instill respect for community, state, and nation.
j) Honor the spirit and letter of all contracts until fulfillment or modification by mutual
agreement.
Joint Code of Conduct developed by New York
State Council of School Superintendents and
New York State School Boards Association
Adopted: 7/10/02
1340
By-Laws
SUBJECT: BOARD COMMUNICATIONS WITH COMPONENT DISTRICTS
Members of the Oneida Board of Cooperative Educational Services are expected to
communicate with component school districts on a regular basis. That communication may include,
but is not necessarily limited to, such strategies as visits to components' Board meetings, written
reports, responses to individual questions, visits with appropriate Board of Cooperative Educational
Services staff and so forth.
Adopted: 7/10/02
2002 1410
By-Laws
SUBJECT: FORMULATION AND ADOPTION OF POLICY
The Board of Cooperative Educational Services is solely responsible for the adoption of policy.
In its development of policy the Board operates as the legislative body of the Supervisory District and
its resolutions have the force of the law.
Policy recommendations may derive from the Board, the administrative personnel, employees of
BOCES or the constituents served.
All policy considerations shall be placed on the agenda of regular Board meetings and shall be
adopted only by majority vote of the Board membership. Additions to policy and the bylaws, and
amendments to policy and the bylaws, shall require action by a majority of the Board at two
successive regular meetings, or a unanimous vote of all twelve members at a regular meeting.
The formal adoption of written Board policy shall be recorded in the official minutes of the
Board. Such written Board policy shall govern the conduct and affairs of the BOCES and shall be
binding upon the members of the educational community in the BOCES.
It shall be the Board's responsibility to keep its written policies up-to-date so that they may be
used consistently as a basis for Board action and administrative decision.
The District Superintendent is given the continuing commission of calling to the Board's
attention all policies that are out-of-date or for other reasons appear to need revision.
Adopted: 7/10/02
2002 1420
By-Laws
SUBJECT: EXECUTION OF POLICY: ADMINISTRATIVE REGULATIONS
The Board delegates to the District Superintendent the function of specifying required actions and
designing the detailed arrangements under which the BOCES will be operated. These rules and these
detailed arrangements shall constitute the administrative regulations governing the BOCES. They
must be in every respect consistent with the policies adopted by the Board. The Board shall be kept
informed periodically of changes in administrative regulations.
Adopted: 7/10/02
2002 1431
1 of 2
By-Laws
SUBJECT: REGULAR MEETINGS OF THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES
All Board meetings must be open to the public except those portions of the meetings which
qualify as executive sessions. A "meeting" is defined as an official convening of a public body for the
purpose of conducting public business and a "public body" is defined as an entity of two (2) or more
persons which requires a quorum to conduct business, including committees and subcommittees.
Regular meetings of the Board shall take place on the day and time designated by the Board at
the annual reorganization meeting, except as modified at subsequent meetings of the Board. All
meetings shall be held within the boundaries of the Supervisory District unless otherwise voted by the
Board.
In the event that a meeting date falls on a legal holiday, interferes with other area meetings, or
there is an inability to attend the meeting by Board members to the extent that a quorum would not be
present, the Board shall select a date for a postponed meeting at the previous regular meeting, and
shall direct the Clerk to notify all members.
Any meeting of the Board may be adjourned to a given future date and hour if voted by a majority
of the Board present.
a) Notwithstanding the foregoing, the Board shall in no event meet less than once each
quarter.
b) All official business must be conducted with a quorum present and all decisions made on
the basis of a majority vote of the entire Board membership.
c) An agenda shall be developed by the District Superintendent, based upon inputs from
Board members, chief school officers of component school districts, BOCES staff, the
State Education Department and others. The agenda shall be mailed to Board members, the
members of boards of education and chief school officers of component school districts,
and members of appropriate advisory committees and councils.
d) The notice of regular meetings shall be mailed by the Clerk of the Board to Board
members, the members of boards of education and chief school officers of component
school districts, members of appropriate advisory committees and councils, and local
newspapers, radio and television stations at least five days prior to the meeting.
(Continued)
2002 1431
2 of 2
By-Laws
SUBJECT: REGULAR MEETINGS OF THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES (Cont'd.)
e) The minutes of regular meetings shall be mailed to members of the BOCES Board;
presidents of boards of education and chief school officers of component school districts;
members of appropriate advisory committees and councils; and upon request, to any other
member of a component board of education. All Board minutes and Board records are
available for public inspection during regular BOCES business hours.
The District Superintendent and members of his/her staff at the District Superintendent's
discretion shall attend all meetings of the Board. The District Superintendent shall attend all executive
session meetings of the Board except those that concern his/her evaluation and salary determination.
The Board may request the attendance of such additional persons as it desires.
Public Officers Law Article 7
Education Law Section 1708
Adopted: 7/10/02
2002 1432
By-Laws
SUBJECT: ORDER OF BUSINESS AT REGULAR BOARD MEETINGS
The order of business at a regular Board meeting is determined by the agenda. The agenda shall
be developed by the District Superintendent, based upon inputs from Board members, chief school
officers of component districts, BOCES staff, the State Education Department and others. The agenda
shall be mailed to Board members, the members of boards of education and chief school officers of
component school districts and members of appropriate advisory committees and councils.
With the consent of a majority of Board members, the President, for a stated reason, may alter
the order of business.
Adopted: 7/10/02
2002 1433
1 of 2
By-Laws
SUBJECT: EXECUTIVE SESSIONS OF THE BOARD
The Board of Cooperative Educational Services may hold executive sessions where only
members of the Board, the District Superintendent and other persons invited by the Board shall be
present.
Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion
identifying the general area or areas of the subject or subjects to be considered, the Board may conduct
an executive session for discussion of the below enumerated purposes only, provided, however, that
no action by formal vote shall be taken except on a 3020-a probable cause finding. For all other
purposes, the action by formal vote shall be taken in open meeting and properly recorded in the
minutes of the meeting.
a) Matters which will imperil the public safety if disclosed;
b) Any matter which may disclose the identity of a law enforcement agent or informer;
c) Information relating to current or future investigation or prosecution of a criminal offense
which would imperil effective law enforcement, if disclosed;
d) Discussions regarding proposed, pending or current litigation;
e) Collective negotiations pursuant to Article 14 of the Civil Service Law;
f) The medical, financial, credit or employment history of any particular person or
corporation, or matters leading to the appointment, employment, promotion, demotion,
discipline, suspension, dismissal or removal of any particular person or corporation;
g) The preparation, grading or administration of examinations;
h) The proposed acquisition, sale or lease of real property or the proposed acquisition of
securities, or sale or exchange of securities held by such public body, but only when
publicity would substantially affect the value thereof.
Matters discussed in executive sessions must be treated as confidential; that is, never discussed
outside of that executive session.
(Continued)
2002 1433
2 of 2
By-Laws
SUBJECT: EXECUTIVE SESSIONS OF THE BOARD (Cont'd.)
The following are not required before, during or after executive sessions:
a) Public announcement of executive session;
b) Agenda of forthcoming executive session;
c) Public announcement of subject for discussion;
d) Public announcement of comments made by any in attendance.
Public Officers Law Sections 105 and 106(2)(3)
Education Law Section 3020-a
Adopted: 7/10/02
2002 1434
By-Laws
SUBJECT: QUORUM
The quorum for any meeting of the Board of Cooperative Educational Services shall be seven (7)
members. No formal action shall be taken at any meeting at which a quorum is not present. A duly
called meeting may be adjourned by less than a quorum if a quorum is not present within twenty (20)
minutes after the time set for commencement of the meeting. In the event a meeting is adjourned, the
President shall set the date, time and place of the reconvening of the adjourned meeting, with
reasonable notice being given by the Clerk to all Board members.
If only a quorum exists (7 members), final action on resolutions cannot be taken except by
unanimous votes. A resolution may be adopted only if passed unanimously by the seven (7) members.
Education Law requires two-thirds vote by the Board to initially hire a teacher who is related to a
Board member by blood or by marriage.
General Construction Law Section 41
Adopted: 7/10/02
2002 1435
By-Laws
SUBJECT: MINUTES
The minutes are a legal record of the activities of the Board as a public corporation having the
specified legal purpose of maintaining public schools. The minutes of all meetings shall be kept by
the District Superintendent or his/her designee. The minutes shall be complete and accurate and stored
in a minutes file.
The minutes of each meeting of the Board of Cooperative Educational Services shall state:
a) The type of meeting;
b) The date, time of convening, and adjournment;
c) Board members present and absent;
d) All action taken by the Board, with evidence of those voting in the affirmative and the
negative, and those abstaining;
e) The nature of events that transpire, in general terms of reference.
Communications and other documents that are too long and bulky to be included in the minutes
shall be referred to in the minutes and shall be filed in the BOCES Office.
All Board minutes shall be signed by the Clerk of the Board when submitted and shall be kept in
a permanent safe place. Minutes of the meeting shall be duplicated and mailed to each Board member
just before the next regular meeting. Unless otherwise provided by law, minutes shall be available to
the public within two (2) weeks following the date of a meeting; draft copies, so marked, are
acceptable, subject to correction.
Public Officers Law Section 106
Adopted: 7/10/02
2002 1436
1 of 2
By-Laws
SUBJECT: SPECIAL MEETINGS OF THE BOARD
Special meetings of the Board of Cooperative Educational Services shall be held on call by any
member of the Board and shall also be called at the request of the District Superintendent. A
reasonable and good faith effort shall be made by the District Superintendent or the Board President,
as the case may be, to give every member of the Board twenty-four hours' notice of the time, place and
purpose of the meeting. All special meetings shall be held at a regular meeting place of the Board. No
business, other than that specified in the notice, shall be transacted.
In an emergency, the twenty-four hour notice may be waived by unanimous consent of all Board
members. When this occurs, it is advisable for the members to sign waiver-of-notice forms.
Public notice of the time and place shall be given, to the extent practicable, to the news media
and shall be conspicuously posted in one or more designated public locations at a reasonable time
prior to the meeting.
Special meetings shall be conducted according to the procedures specified for regular meetings.
Special meetings shall be open to the public in the same manner as are regular meetings.
Special meetings shall be called for specific purposes, occasioned by matters of urgency, and
shall not usurp the place of the regular, publicly designated Board of Cooperative Educational
Services Meeting.
Special meetings of the component districts may be requested by any component school district
board of education that has taken formal resolution to seek such a meeting. The BOCES Board
President shall then call the meeting providing written notice of the date, time, place and subject(s) for
consideration. Written notice of the meeting shall be sent to Board members, the members of boards
of education and chief school officers of component school districts, and local newspapers, radio and
television stations at least two weeks prior to the meeting date.
Order of Business
The order of business of special meetings of the Board shall be as follows:
a) Call to Order, Roll Call, Determination of Quorum;
b) Item or items of business as set forth in the notice of the meeting;
c) Adjournment.
(Continued)
2002 1436
2 of 2
By-Laws
SUBJECT: SPECIAL MEETINGS OF THE BOARD (Cont'd.)
Work Sessions
At the discretion of the President, special meetings of the Board may be periodically held for
review of the instructional program, for consideration of policies and for analysis of ways and means
by which the Board of Cooperative Educational Services programs may be improved.
When practical, members of the staff and knowledgeable citizens shall be invited to attend such
meetings, to participate in the discussions and to present to the Board recommendations for
improvement of the services rendered by the Board of Cooperative Educational Services.
Education Law Section 1606
Public Officers Law Section 104
Adopted: 7/10/02
2002 1437
By-Laws
SUBJECT: ANNUAL MEETING
The Annual Meeting shall be held during the month of April, on or before April 15th, at such
place and time as the Board President shall designate.
The meeting shall provide for:
a) Introduction of candidates for election to the Board; and,
b) Presentation of the tentative administrative, capital and program budgets.
The Clerk of the BOCES shall provide a notice of the date, time and place of the Annual
Meeting to each of the members of the boards of education, chief school administrators and clerks of
each of the component school districts by mail addressed to the last known address of such persons at
least fourteen (14) days prior to the meeting.
The Clerk of the BOCES shall also provide public notice by publishing notice in two (2)
newspapers in general circulation in the BOCES area, over each week within the two (2) weeks
preceding the meeting, with the first publication at least fourteen (14) days prior to the meeting.
Education Law Section 1950(4)(b)(4) and (4)(o)
Adopted: 7/10/02
2002 1438
1 of 2
By-Laws
SUBJECT: REORGANIZATIONAL MEETING
The annual reorganizational meeting of the Board shall be held within the first fifteen (15) days
of July. The agenda shall include:
a) Oath of Office of New Board Member(s)
b) Election of the President of the Board
c) Election of the Vice-President of the Board
d) Oath of Office -- President and Vice-President
e) Appointment of the Treasurer of the Board
f) Appointment of the Deputy Treasurer of the Board
g) Appointment of the Clerk of the Board
h) Appointment of the Attorney of the Board
i) Appointment of the Associate Attorney
j) Appointment of the BOCES Physician
k) Appointment of the Internal Claims Auditor for the Board
l) Appointment of Assistant Internal Claims Auditor for the Board
m) Appointment of BOCES Auditor
n) Appointment of the Central Treasurer -- Extra-Curricular Activity Account
o) Appointment of the Food Clerk
p) Designation of the Official Bank Depositories
q) Designation of Official Newspaper
r) Designation of Regular Monthly Meeting Date for the Board
s) Authorization for Certification of Payrolls
(Continued)
2002 1438
2 of 2
By-Laws
SUBJECT: REORGANIZATIONAL MEETING (Cont'd.)
t) Authorization of Purchasing Agent
u) Authorization for Staff Travel and Conferences
v) Designation of Authorized Signature on Checks
w) Authorization for Approval of Budget Transfers
x) Authorization to Invest Funds
y) Authorization for Transfer of Funds Between Interest and Checking Accounts
z) Authorization to Loan Funds
aa) Authorization for Revenue Anticipation Notes
bb) Approval of Faithful Performance Blanket Position Bond Coverage
cc) Authorization for Component School Districts to Designate BOCES Advisory Council for
Career and Technical Education for Service to Their Districts
dd) Authorization for Cooperative Bidding
ee) Authorization for Casualty and Liability Insurance
ff) Readoption of Board Policies and Bylaws
gg) Selection of Delegates to the BOCES Consortium of Continuing Education
hh) Selection of Representative on the Career and Technical Education Advisory Council
ii) Selection of Representatives on the Executive Committee of the Oneida-Madison-
Herkimer Counties School Boards Association
jj) Selection of Voting Delegates to the New York State School Boards Association
Convention
kk) Selection of Representative on the School and Business Alliance Development Advisory
Committee
ll) Selection of Representatives on the Alternative Education Advisory Committee
Adopted: 7/10/02 Public Officers Law Article 7
2002 1440
1 of 2
By-Laws
SUBJECT: NON-DISCRIMINATION
The BOCES shall not discriminate on the basis of genetic predisposition, carrier status, age, sex,
race, color, creed, religion, national origin, political affiliation, marital status, veteran status, or
disability in the educational programs or activities which it operates, or against any employee or
applicant seeking a position of employment. The BOCES will be in full compliance with all applicable
rules and regulations pertaining to civil rights for students and employees (e.g., Title IX of the
Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Americans
with Disabilities Act of 1990).
Appropriate procedures shall be developed to insure the implementation of these rules and
regulations concerning civil rights. The Board shall appoint a Civil Rights Compliance Officer to
coordinate civil rights activities applicable to the BOCES (see subheading below).
Civil Rights Compliance Officer
The Civil Rights Compliance Officer shall be appointed by the Board and shall be responsible
for providing information, including complaint procedures, and for handling complaints relative to
civil rights (e.g., Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation
Act of 1973, and the Americans With Disabilities Act of 1990) for any student, parent, employee or
employment applicant.
Title VII of the Civil Rights Act of 1964,
42 United States Code (U.S.C.)
Section 2000-e, et seq. - Prohibits
discrimination on the basis of race,
color, religion, sex or national origin.
Title VI of the Civil Rights Act of 1964,
42 United States Code (U.S.C.)
Section 2000-d, et seq. - Prohibits
discrimination on the basis of race, color
or national origin.
Section 504 of the Rehabilitation Act of 1973,
29 United States Code (U.S.C.)
Section 794 et seq.;
The Americans With Disabilities Act,
42 United States Code (U.S.C.)
Section 12101 et seq. - Prohibits discrimination
on the basis of disability.
(Continued)
2002 1440
2 of 2
By-Laws
SUBJECT: NON-DISCRIMINATION (Cont'd.)
Title IX of the Education Amendments of 1972,
20 United States Code (U.S.C.) Section 1681 et seq. –
Prohibits discrimination on the basis of sex.
New York State Executive Law
Section 290 et seq. - Prohibits discrimination on the
basis of age, race, creed, color, national
origin, sex, disability or marital status.
Age Discrimination in Employment Act,
29 United States Code (U.S.C.) Section 621.
Military Law Sections 242 and 243.
NOTE: Refer also to Policies #5120, #5121, #5170, #6440, #6460, #6461, #7120, and #7140.
Adopted: 7/10/02
2002 1510
By-Laws
SUBJECT: USE OF PARLIAMENTARY PROCEDURE
The business of the Board of Cooperative Educational Services shall be conducted in accordance
with the authoritative principles of parliamentary procedure as found in the latest edition of Robert's
Rules of Order.
Commissioner's Decision Numbers 8018 and 8873
General Construction Law Section 41
Adopted: 7/10/02
2002 1520
By-Laws
SUBJECT: TRAVEL REIMBURSEMENT POLICY
It is the desire of the Board, within budgetary limitation, to encourage its members to attend
various workshops, meetings and conferences for the purpose of improving their performance.
Reasonable expenses will be reimbursed upon submission, based on the same guidelines as staff.
Members may be requested to present a report summarizing their trip.
Adopted: 7/10/02
2002 1530
By-Laws
SUBJECT: MEMBERSHIP IN ASSOCIATIONS
Membership in the following associations or organizations may be maintained annually:
a) New York State School Boards Association;
b) Oneida-Madison-Herkimer Counties School Boards Association;
c) National School Boards Association;
d) Rural Schools Program.
The Board may maintain membership in these organizations as authorized under Section 77-b of
the General Municipal Law. Membership in other organizations may be approved.
Comptroller's Opinion 81-255
Adopted: 7/10/02
2002 1540
By-Laws
SUBJECT: BOARD SELF-EVALUATION
The Board shall review the effectiveness of its internal operations at least once annually.
The District Superintendent and others who work regularly with the Board may be asked to
participate in this review and to suggest ways by which the Board can improve its functioning as a
legislative body.
Adopted: 7/10/02
2002 1550
By-Laws
SUBJECT: ORIENTING NEW BOARD MEMBERS
The Board and its staff shall assist each new member-elect to understand the Board's functions,
policies and procedures before he/she takes office, by the following methods:
a) The electee shall be given selected material on the job of being part of the Board, which
material is supplied by the New York State School Boards Association, the National
School Boards Association, and/or other professional organizations.
b) The electee shall be sent agendas and invited to attend Board meetings in May and June.
c) The Clerk shall supply material pertinent to meetings.
d) The electee shall be invited to meet with the District Superintendent and other
administrative personnel to discuss services they perform for the Board.
e) A copy of the Board's policies and by-laws shall be given each electee by the Clerk.
f) The opportunity shall be provided for new Board members to attend orientation programs.
g) The District Superintendent will arrange for briefing the new member on programs and
procedures by various administrative staff.
h) A special meeting or time at a regular meeting will be set by the Board for its own
orientation of the new member.
Adopted: 7/10/02
2002 1560
By-Laws
SUBJECT: COMPENSATION AND EXPENSES
Each Board member serves the public in a trustee relationship, is elected by the component Board
members, and serves without pay.
Each Board member is entitled to be reimbursed for all necessary expenses incurred in the official
performance of his/her duties.
NOTE: Refer also to Policy #1520 -- Travel Reimbursement Policy.
Adopted: 7/10/02
2002 1570
By-Laws
SUBJECT: BOARD COMMITTEES
The President of the Board, with the consent of the Board, may appoint committees of the Board
to study and report to the Board on any matter. The President shall serve as an ex-officio member of
all Board committees. All committee appointments shall expire June 30th of each year.
The charge to each committee, purpose and/or function shall be specified at the time of its
creation.
Such committees are subject to the following limitations:
a) Any such committee shall have Board representation upon it and the President shall serve
ex-officio unless otherwise ordered by the Board.
b) The District Superintendent or his/her designated deputy shall be an ex-officio member of
any such committee.
c) The function of such a joint committee shall be limited to making studies and
recommendations to the Board. The function shall be specifically set forth by resolution of
the Board and the resolution shall be communicated in writing to each member of the
committee before he/she is asked to accept appointment thereto.
d) Reports to the Board from all such committees shall be submitted in writing in time to be
circulated to the Board with the advance agenda.
e) No such committee shall be appointed to serve for a term extending beyond the
reorganization meeting next succeeding its appointment.
f) Although the Board may establish advisory committees for special projects or to address
specific problems or issues, final decisions in all matters rest with the Board. Committees
shall report all suggestions and recommendations to the Board and the District
Superintendent prior to public release. Final reports shall be delivered to the Board at a
meeting scheduled by the Board to receive the report. Any official policy-level action is
the sole discretion of the Board. The Board is in no way obligated to follow committee
recommendations. The Board has the right to accept, reject, or modify all or any part of a
committee recommendation.
Adopted: 7/10/02
2002 1571
1 of 3
By-Laws
SUBJECT: ADVISORY COMMITTEES AND COUNCILS
The Board will use every feasible means to enable all citizens to contribute their best thinking to
the education of the children of the supervisory district. The Board shall establish permanent advisory
councils as required by law for the operation of specific parts of the BOCES program. Terms of
membership on such councils shall be established by the Board. Temporary advisory committees shall
be formed at the Board's discretion to deal with current problems. These temporary committees serve
only for the duration of the study undertaken.
Each advisory committee should be created and discharged by resolution of the Board. The
creating resolution should state specifically the scope of the work of the committee. Every effort will
be made to include representatives with divergent views to insure fairness and community
involvement.
All advisory committees originated by the Board shall have as a consultant a member of the
professional staff of BOCES. Appointments to an advisory committee shall be made on the basis of
interest, experience, and concern.
All publicity concerning the findings of an advisory committee shall be handled through the
regular channels of the Board.
The Board shall establish a timetable covering release of findings, progress reports, etc., at the
first organizational meeting of the committee.
Committees of the Board
The Board may establish joint committees with members of the administration, teaching staff, or
the public, subject to the following limitations:
a) Any such committee shall have Board representation upon it and the President shall serve
ex-officio unless otherwise ordered by the Board.
b) The District Superintendent or his/her designated deputy shall be an ex-officio member of
any such committee.
c) The function of such a joint committee shall be limited to making studies and
recommendations to the Board. The function shall be specifically set forth by resolution of
the Board and the resolution shall be communicated in writing to each member of the
committee before he/she is asked to accept appointment thereto.
d) Reports to the Board from all such committees shall be submitted in writing in time to be
circulated to the Board in writing with the advance agenda.
(Continued)
2002 1571
2 of 3
By-Laws
SUBJECT: ADVISORY COMMITTEES AND COUNCILS (Cont'd.)
e) No such committee shall be appointed to serve for a term extending beyond the
reorganizational meeting next succeeding its appointment.
f) Although the Board may establish advisory committees for special projects or to address
specific problems or issues, final decisions in all matters rest with the board. Committees
shall report all suggestions and recommendations to the Board and the District
Superintendent prior to public release. Final reports shall be delivered to the Board at a
meeting scheduled by the Board to receive the report. Any official policy-level action is
the sole discretion of the Board. The Board is in no way obligated to follow committee
recommendations. The Board has the right to accept, reject or modify all or any part of a
committee recommendation.
Career Education Advisory Committee
The Advisory Committee for Career Education in New York is required by Education Law and
the Commissioner's Regulations. It shall be the duty of such Advisory Committee for Career
Education to advise the Board of Cooperative Educational Services on the development of and policy
matters arising in the administration of career education, including the preparation of long-range and
annual program plans submitted to the Commissioner of Education, and to assist with an annual
evaluation of career educational programs, services and activities provided by the school district or the
Board of Cooperative Educational Services.
The chairperson shall be recommended by the District Superintendent and appointed by the
Board for a one-year term.
Consultant committees for occupations may be appointed by the Advisory Committee. These
committees assist in planning, development of new programs, and the evaluation and revision of
existing programs.
Education Law Section 4601
8 New York Code of Rules and Regulations
(NYCRR) Section 141.1
Special Education Advisory Committee
The Special Education Advisory Committee shall consist of a representative group of individuals
from various organizational levels in the BOCES component districts and community agencies. The
primary purpose of this committee shall be to advise in the areas of curriculum and instruction for
children with disabilities.
(Continued)
2002 1571
3 of 3
By-Laws
SUBJECT: ADVISORY COMMITTEES AND COUNCILS (Cont'd.)
The chairperson shall be recommended by the District Superintendent and appointed by the
Board for a one-year term.
The following functions are recognized to be within the purview of the Special Education
Advisory Committee:
a) Providing advisory services in determining objectives and board policies;
b) Developing and proposing long-term goals;
c) Assisting in program evaluation;
d) Obtaining community and financial support;
e) Soliciting support from community organizations and industries.
Consultants may be invited to assist the Committee when it is deemed necessary. These persons
will meet with the Committee to give their opinion or to provide specific information. Payment for
these services, if required, will be approved in advance by the BOCES administration.
Library Interloan Advisory Committee
The Library Interloan Advisory Committee is responsible for the development of a plan of
service. Following approval of the plan by the Commissioner of Education, the Committee is
responsible to monitor implementation of the plan and to keep other librarians informed of school
library system policies, procedures, activities and services.
Safety Committee
The Safety Committee shall make recommendations to the Cooperative Board for safe and
economical utilization of buildings, grounds and equipment. The committee will also review District
activities and make recommendations for the purpose of reducing accident experience throughout the
entire organization.
Advisory Committee Members
Members of the above Advisory Committees may not be employed by BOCES or receive any
form of remuneration therefrom.
Adopted: 7/10/02
2002 1572
By-Laws
SUBJECT: BOCES CONSORTIUM OF CONTINUING EDUCATION
The BOCES Consortium of Continuing Education offers continuing education at the BOCES
centers in New Hartford and Verona and the ACCESS sites located in Utica, Oneida and Rome. The
Consortium is operated jointly by Oneida BOCES and Madison-Oneida BOCES. The Consortium
offers opportunities for personal enrichment and for developing skills for career enhancement. It
provides continuing education services for the residents of school districts in Oneida, Madison and
Herkimer Counties.
At the reorganizational meeting each July, two delegates and one alternate shall be appointed
from the Cooperative Board to serve on a policy board.
The policy board shall provide oversight of the Consortium. The policy board shall consist of
two members from each Cooperative Board elected at the reorganizational meetings in July and the
District Superintendents of each BOCES. The policy board shall meet periodically as required; shall
conduct business related to the Consortium; and shall report out the results of its meetings at each
Cooperative Board meeting.
Adopted: 7/10/02
2002 1580
By-Laws
SUBJECT: OBJECTIVES AND THEIR ACCOMPLISHMENT
Board oversight of the activities of BOCES shall include annual adoption of objectives and
annual review of progress or accomplishment of previously adopted objectives:
Such objectives shall:
a) Specify desired completion or evaluation dates.
b) Be stated in such a manner as to make it possible to know whether or not each objective
has been reached on the target date, or the degree to which it has been achieved.
c) Where appropriate, clearly specify the method to be used in evaluating accomplishment.
The District Superintendent shall present to the Board the following reports at approximately the
dates shown.
a) Report of previous year's results in terms of August
the objectives previously adopted
b) Proposed objectives for the ensuing year and August
for up to five years into the future
In approving objectives, the Board shall in its discretion indicate priorities among them.
In addition to these annual reviews, the Board may from time to time, add, delete, or revise
objectives. The District Superintendent shall report to the Board whenever it appears that such
revisions may be appropriate, and whenever progress toward an objective is seriously off schedule.
Adopted: 7/10/02
2002 1590
By-Laws
SUBJECT: SHARED DECISION MAKING PLAN (COMMISSIONER'S
REGULATION 100.11)
In accord with the Commissioner's Regulation 100.11, the Oneida-Herkimer-Madison Board of
Cooperative Educational Services has established a plan for the implementation of Shared Decision
Making (SDM) in each building in the BOCES.
8 New York Code of Rules and Regulations
(NYCRR) Section 100.11
Adopted: 7/10/02
2002 2000
Community Relations
Oneida BOCES NUMBER
COMMUNITY RELATIONS
(Section 2000)
PUBLIC RELATIONS
1.1 BOCES/Public Relations and Communications .....................................................2110
1.2 Printed Materials.....................................................................................................2120
1.3 Crisis Management .................................................................................................2130
1.4 Closing of Schools ..................................................................................................2140
1.5 Flag Display............................................................................................................2150
PARTICIPATION BY THE PUBLIC
2.1 Visits to BOCES Facilities, Schools and Programs................................................2210
2.2 Participation by the Public at Board Meetings .......................................................2220
2.3 Use of School Facilities ..........................................................................................2230
2.4 Volunteers...............................................................................................................2240
2.5 Public Complaints...................................................................................................2250
2.6 Solicitations
2.6.1 Solicitation of Charitable Donations from School Children.......................2261
DISTRICT RECORDS
3.1 Public Access to Records........................................................................................2310
2002 2000
Community Relations
COMMUNITY RELATIONS (Cont'd.) NUMBER
(Section 2000)
PUBLIC ORDER ON SCHOOL PROPERTY
4.1 Code of Conduct on School Property .....................................................................2410
4.1.1 Unlawful Possession of a Weapon Upon School Grounds.........................2411
4.1.2 Threats of Violence in School ....................................................................2412
4.2 Anti-Harassment in the BOCES .............................................................................2420
2002 2110
Community Relations
SUBJECT: BOCES/PUBLIC RELATIONS AND COMMUNICATIONS
The Board of Cooperative Educational Services shall support the following goals of community
relations:
a) To develop and maintain the confidence of the community in the BOCES and its staff;
b) To stimulate public interest in the schools and public understanding of BOCES programs;
c) To discover what people think, what they want to know, correct erroneous impressions and
supply desired information;
d) To develop the most effective means of communication with the various publics of the
BOCES component school districts, and community.
Communication with Component Districts
It is essential that the Board and the BOCES staff keep component boards of education informed
as to policies and programs that might affect their educational processes. As much as possible, the
BOCES staff and the Board should attempt to provide written and/or oral communication to the
Superintendents and board members of component districts on any matter that might affect them,
including agendas and minutes of the BOCES meetings.
Communication with Board Members
The Oneida BOCES staff members shall make every effort to provide Board members with
written communications regarding significant items prior to the Board meetings. Communications
shall be forwarded via the District Superintendent.
Communication with the Community
The Board of Cooperative Educational Services and staff shall attempt to keep the various
communities informed of school activities so that the communities shall be aware of what is occurring
in the schools and shall be able to support the activities. Communications involving Board policy
shall have prior approval by the District Superintendent or his/her designee.
Adopted: 7/10/02
2002 2120
Community Relations
SUBJECT: PRINTED MATERIALS
The Cooperative Board shall encourage wide distribution of printed materials, including, but not
limited to, newsletters, news releases, budget statements and brochures. Such publications and
materials shall be of high professional quality and shall be appropriately reviewed before publication.
Standardization of format shall be used when possible.
Publications
The Board encourages the development of appropriate materials and publications that are of
direct use in the educational process in component schools which inform the public, member districts,
BOCES personnel, and the teaching profession concerning policies, activities, and accomplishments of
Oneida BOCES and which aid and promote the improvement of education. All BOCES publications
will be reviewed at an appropriate administrative level prior to publication.
Media Relations
The responsibility for maintaining relationships with the media, releasing news and serving as
the BOCES spokesperson lies with the Public Information Office. For issues of sensitivity, the
District Superintendent or his/her designee shall be consulted before release.
Copyright
The use of the copyright law for selected materials produced through the Oneida BOCES will be
implemented for specific classes of items when recommended to the Cooperative Board by the District
Superintendent. All unpublished materials will have copyright identification protected under common
law literary property.
All publications, video-tapes, and software disks which are developed by staff at Oneida BOCES
or persons/agencies under contract to Oneida BOCES are the property of Oneida BOCES.
Staff, districts and agencies utilizing services or goods through BOCES that have been acquired
under copyright purchase/lease will be bound by the same rules, regulations and legal limits as those
imposed upon BOCES.
Adopted: 7/10/02
2002 2130
Community Relations
SUBJECT: CRISIS MANAGEMENT
When a crisis arises, immediate, effective and responsible management and communication can
resolve the crisis and maintain the organization's integrity and credibility.
A BOCES-wide plan and the required building-level plan summary were reviewed and adopted
by the Cooperative Board in 2001, pursuant to Commissioner's Regulation 155.17(e)(3).
The Building-level Emergency Response Plan was developed by the Building-level Safety Team
in conjunction with local emergency management and law enforcement personnel.
The BOCES-wide School Safety Plan is directly linked to the individual Building-level
Emergency Response Plans for each school building.
In the event of an emergency or violent incident, the initial response to all emergencies at an
individual school will be by the School Emergency Response Team.
Upon the activation of the School Emergency Response Team, the District Superintendent or
his/her designee will be notified and, where appropriate, local emergency officials will also be
notified.
Emergency response actions, including Crisis Response, may be supplemented by involving
County and State resources through established protocols.
Adopted: 7/10/02
2002 2140
Community Relations
SUBJECT: CLOSING OF SCHOOLS
In the event it is necessary to close school for the day for inclement weather or other emergency
reasons, announcement thereof shall be made over local radio stations and other communications
media.
While schools are in session, in the event of an emergency or an act of nature, the District
Superintendent/designee may choose to close one or more buildings in the BOCES. The District
Superintendent/designee shall place the safety of students as the primary consideration in the closing
of any school building.
The District Superintendent/designee is also empowered to close BOCES offices and other non-
student-related services when in his/her discretion conditions warrant the closing.
Staff attendance will be governed by contract and/or emergency response to the situation by the
District Superintendent or his/her designee.
Adopted: 7/10/02
2002 2150
Community Relations
SUBJECT: FLAG DISPLAY
In keeping with State Education Law and Executive Law, the Cooperative Board accepts its duty
to display the United States flag upon or near each BOCES building during school hours, weather
permitting, and such other times as the statutes may require or the Board may direct.
When ordered by the President, Governor, or local official, to commemorate a tragic event or the
death of an outstanding individual, the flag shall be flown at half-staff. The District Superintendent's
approval shall be required for the flag to be flown at half-staff upon any other occasion.
Education Law Sections 418 and 419
Executive Law Section 403
Adopted: 7/10/02
2003 2210
Community Relations
SUBJECT: VISITS TO BOCES FACILITIES, SCHOOLS AND PROGRAMS
The Oneida Board of Cooperative Educational Services and staff encourage public visitation of
facilities, schools and programs within the limits placed by the requirements of the educational
program. When visiting a school, visitors must sign in at the appropriate office.
Groups wishing to use the school facilities must secure written permission from the designated
official and abide by the rules and regulations established for such use including restrictions on
alcohol, tobacco and drug use.
Education Law Section 2801
Penal Law Sections 140.10 and 240.35
Comprehensive Health and Pupil Services
Office of the State Education Department
Adopted 3/12/03
Adopted: 7/10/02
2002 2220
Community Relations
SUBJECT: PARTICIPATION BY THE PUBLIC AT BOARD MEETINGS
The Board wants to encourage community citizens and component district board members to
appear and bring before the Board any matter looking toward the improvement of BOCES, and the
Board agenda provides for any individual or group to be heard on a subject pertaining to the policies
or administration of BOCES.
It is desired that individuals or groups wishing to address the Board submit the request either by
telephone or in writing to the office of the District Superintendent not later than 4:30 p.m. on the last
working day prior to the Board meeting day. The request must include the topic to be presented and
the position to be taken, either pro or con, in regard to the matter. Requests in writing should include a
telephone number for reply.
Requests in excess of the number that can be placed on a given agenda will be carried forward
for placement on the agenda of future Board meetings in the order such requests were received, and
those making the requests will be so notified.
The presentation should be as brief as possible, yet include all information considered important
by the speaker. Each speaker will be limited to a time frame established by the Board President.
If one spokesman has presented a matter, it is not necessary for others to repeat the same ideas,
but anyone may speak who has something to add that is pertinent, provided that the number of
speakers presenting a given position on a matter will be limited to five at any given meeting and
provided further that priority will be established in the order that requests have been received.
Any individual desiring to speak is requested to give his/her name, address, and the group, if
any, that he/she is representing.
Questions, suggestions, proposals or criticisms which have been presented verbally should be
submitted also in writing and signed by the individual or the spokesperson of the group appearing
before the Board.
Persons appearing before the Board are reminded, as a point of information, that Board members
are without authority to act independently as individuals in official matters; thus, questions may be
directed to the Board but answers must be deferred pending consideration by the Board.
The Board vests in the President or presiding Board officer the prerogative to determine whether
or not a given speaker is acting within the provisions of this policy and full authority to terminate the
remarks of any person making a presentation before the Board.
Adopted: 7/10/02
2002 2230
Community Relations
SUBJECT: USE OF SCHOOL FACILITIES
The use of school facilities shall be available for the community within the limits of the law and
such usage shall not conflict with the instructional programs of Oneida BOCES. The Board of
Cooperative Educational Services has a legal responsibility to conform with the State Education Law
concerning "use of public school buildings". Specific regulations and procedures for use of facilities
shall be as indicated in the administrative handbook.
The Board delegates to the District Superintendent the responsibility and authority to approve or
deny applications for the use of BOCES facilities when such use would not conflict or interfere with
BOCES programs and services and is permitted and/or authorized by law. The District Superintendent
also maintains the authority to waive fees where appropriate.
The District Superintendent shall arrange for the utilization of the building through the
administrative staff. The basic room use charge, if any, will be determined by the Board. Additional
charges for custodial services or other costs are at the discretion of the District Superintendent.
Any organization using the BOCES facilities will furnish, at its own expense, comprehensive
general liability insurance if not otherwise covered through the BOCES insurance umbrella. A
certificate of such insurance with the Oneida BOCES named as an additional insured must be
submitted prior to final approval and use of facilities. In high risk situations, the BOCES may require
additional insurance.
Organizations using BOCES facilities are responsible for the proper care of the buildings,
grounds and equipment, and will be assessed for any damages.
Observation of rules and regulations normally required of students using the facilities will also be
expected of outside organizations. Any modification to these rules must be approved by the District
Superintendent or his/her designee.
Adopted: 7/10/02
2002 2240
Community Relations
SUBJECT: VOLUNTEERS
The Board recognizes the need to develop a volunteer program to support BOCES programs and
activities.
Volunteers are persons who are willing to donate their time and energies to assist BOCES
personnel in implementing various phases of BOCES programs. Volunteers shall serve in that
capacity without compensation or employee benefits except for liability protection under the BOCES
insurance program.
Administrative regulations will be developed to implement the terms of this policy and to
periodically inform the Board of the progress of the volunteer program.
Volunteer Protection Act of 1997,
42 United States Code (U.S.C.)
Section 14501 et seq.
Education Law Sections 3023 and 3028
Public Officers Law Section 18
NOTE: Refer also to Policy #5360 -- Defense and Indemnification of Board Members and
Employees.
Adopted: 7/10/02
2002 2250
Community Relations
SUBJECT: PUBLIC COMPLAINTS
Complaints by citizens and staff regarding any facet of the BOCES operation often can be
handled more satisfactorily by the administrative officer in charge of the unit closest to the source of
the complaint. In most instances, therefore, complaints will be made to the appropriate program
supervisor or building principal and/or his/her assistant if the matter cannot be resolved by the teacher,
coach, or other BOCES employee.
If the complaint and related concerns are not resolved at this level to the satisfaction of the
complainant, the complaint may be carried to the District Superintendent and/or one of his/her
assistants. Unresolved complaints at the building level must be reported to the District Superintendent
by the building principal. The District Superintendent may require the statement of the complainant in
writing.
If the complaint and related concerns are not resolved at the District Superintendent level to the
satisfaction of the complainant, the complaint may be carried to the Board. Unresolved complaints at
the District Superintendent level must be reported to the Board by the District Superintendent. The
Board reserves the right to require prior written reports from appropriate parties.
Adopted: 7/10/02
2002 2261
Community Relations
SUBJECT: SOLICITATION OF CHARITABLE DONATIONS FROM SCHOOL
CHILDREN
Direct solicitation of charitable donations from children in the BOCES schools on school
property during regular school hours shall not be permitted. It will be a violation of BOCES policy to
ask school children directly to contribute money or goods for the benefit of a charity during the hours
in which BOCES students are compelled to be on BOCES premises.
However, this policy does not prevent the following types of fund raising activities:
a) Fund raising activities which take place off BOCES premises, or outside of regular school
hours during before-school or after-school extracurricular periods;
b) Arms-length transactions, where the purchaser receives a consideration for his/her
donation. For example, the sale of goods or tickets for concerts or social events, where the
proceeds go to charity, shall not be prohibited as the purchaser will receive consideration -
the concert or social event - for the funds expended;
c) Indirect forms of charitable solicitation on BOCES premises that do not involve coercion,
such as placing a bin or collection box in a hallway or other common area for the donation
of food, clothing, other goods or money. However, a collection of charitable contributions
of food, clothing, other goods or funds from students in the classroom or homeroom is
prohibited.
The Board shall ultimately decide which organizations, groups, etc. can solicit charitable
donations and for what purposes, as long as the activities comply with the terms of this policy and the
Rules of the Board of Regents.
Regulations shall be developed by the administration to implement this policy.
8 New York Code of Rules and Regulations
(NYCRR) Section 19.6
New York State Constitution Article VIII, Section 1
Education Law Section 414
Adopted: 7/10/02
2002 2310
Community Relations
SUBJECT: PUBLIC ACCESS TO RECORDS
Access to the records of the Board of Cooperative Educational Services shall be consistent with
the rules and regulations established by the State Committee on Open Government and shall comply
with all the requirements of the New York State Public Officers Laws under the Freedom of
Information legislation, specifically Section 84 (Legislative Declaration) and Section 87 (Access to
Agency Records), and Section 94 (Agency Obligations) under the Personal Privacy Protection Law. It
is the intent of this Board to comply with the provisions of such laws and to make those records
available for public inspection as are set forth in the statutes.
A designated official shall be identified to serve as records management officer to coordinate
such requests in keeping with these provisions. This individual, whom the board designates as the
Supervisor of Human Resources, will be responsible for the school district's records and for ensuring
compliance with the Freedom of Information Laws, the Personal Privacy Protection Law,
Commissioner's Regulation 185.2-c and Education Law 2116.
Any individual denied access to eligible records may appeal such denial in writing to the District
Superintendent or her/her designee in accordance with established procedures and regulations.
Public Officers Laws Sections 84, 87 and 94
Education Law Section 2116
8 New York Code Rule and Regulations
(NYCRR) 185.2-c
Adopted: 7/10/02
2002 2410
1 of 3
Community Relations
SUBJECT: CODE OF CONDUCT ON SCHOOL PROPERTY
The Oneida-Herkimer-Madison Board of Cooperative Educational Services supports the
enforcement of the appropriate rules and regulations for maintenance of public order on school
property. The Board has adopted a Code of Conduct for the Maintenance of Order on School Property
in accordance with the "New York State Schools Against Violence in Education Act."
Public Conduct on School Property (from the "Code of Conduct")
BOCES is committed to providing an orderly, safe, respectful environment that is conducive to
learning. To create and maintain this kind of an environment, it is necessary to regulate public
conduct on school property and at school functions. For purposes of this section of the code, "public"
shall mean all persons when on school property or attending a school function including students,
teachers and BOCES personnel.
The restrictions on public conduct on school property and at school functions contained in this
code are not intended to limit freedom of speech or peaceful assembly. BOCES recognizes that free
inquiry and free expression are indispensable to the objectives of BOCES. The purpose of this code is
to maintain public order and prevent abuse of the rights of others.
All persons on school property or attending a school function shall conduct themselves in a
respectful and orderly manner. In addition, all persons on school property or attending a school
function are expected to be property attired for the purpose they are on school property.
Prohibited Conduct
No person, either alone or with others, shall:
a) Injure any person intentionally or threaten to do so.
b) Damage (including graffiti or arson), destroy, or steal school district property or the
personal property of a teacher, administrator, other BOCES employee, student, or any
person lawfully on school property.
c) Disrupt the orderly conduct of classes, school programs or other school activities.
d) Distribute or wear materials on school grounds or at school functions that are obscene,
advocate illegal action, appear libelous, are gang related, obstruct the rights of others, or
are disruptive to the school program.
e) Intimidate, harass or discriminate against any person on the basis of race, color, creed,
national origin, religion, age, gender, sexual orientation or disability.
(Continued)
2002 2410
2 of 3
Community Relations
SUBJECT: CODE OF CONDUCT ON SCHOOL PROPERTY (Cont'd.)
f) Enter any portion of the school premises without authorization or remain in any building or
facility after it is normally closed.
g) Obstruct the free movement of any person in any place to which this code applies.
h) Violate the traffic laws, parking regulations or other restrictions on vehicles.
i) Possess, consume, sell, distribute or exchange alcoholic beverages, controlled substances,
or be under the influence of either on school property or at a school function.
j) Possess or use weapons in or on school property or at a school function, except in the case
of law enforcement officers or except as specifically authorized by BOCES.
k) Loiter on or about school property.
l) Gamble on school property or at school functions.
m) Refuse to comply with any reasonable order of identifiable BOCES officials performing
their duties.
n) Incite others to commit any of the acts prohibited by this code.
o) Violate any federal or state statute, local ordinance or Board policy while on school
property or while at a school function.
Penalties
Persons who violate this code shall be subject to the following penalties:
a) Visitors. Their authorization, if any, to remain on school grounds or at the school function
shall be withdrawn and they shall be directed to leave the premises. If they refuse to leave,
they shall be subject to ejection.
b) Students. They shall be subject to disciplinary action as the facts may warrant, in
accordance with the due process requirements.
c) Tenured faculty members. They shall be subject to disciplinary action as the facts may
warrant in accordance with Education Law Section 3020-a or any other legal rights that
they may have.
(Continued)
2002 2410
3 of 3
Community Relations
SUBJECT: CODE OF CONDUCT ON SCHOOL PROPERTY (Cont'd.)
d) Staff members in the classified service of the civil service are entitled to the protection of
Civil Service Law Section 75. They shall be subject to immediate ejection and to
disciplinary action as the facts may warrant in accordance with Civil Service Law Section
75 or any other legal rights that they may have.
e) Staff members other than those described in subdivisions 4 and 5. They shall be subject to
warning, reprimand, suspension or dismissal as the facts may warrant in accordance with
any legal rights they may have.
Enforcement
The building principal or his/her designee shall be responsible for enforcing the conduct required
by this code.
When the building principal or his/her designee sees an individual engaged in prohibited
conduct, which in his/her judgment does not pose any immediate threat of injury to persons or
property, the principal or his/her designee shall tell the individual that the conduct is prohibited and
attempt to persuade the individual to stop. The principal or his/her designee shall also warn the
individual of the consequences for failing to stop. If the person refuses to stop engaging in the
prohibited conduct, or if the person's conduct poses an immediate threat or injury to persons or
property, the principal or his/her designee shall have the individual removed immediately from school
property or the school function. If necessary, local law enforcement authorities will be contacted to
assist in removing the person.
BOCES shall initiate disciplinary action against any student or staff member, as appropriate,
with the "Penalties" section above.
In addition, BOCES reserves its right to pursue a civil or criminal legal action against any person
violating the code.
Adopted: 7/10/02
2002 2411
Community Relations
SUBJECT: UNLAWFUL POSSESSION OF A WEAPON UPON SCHOOL GROUNDS
It shall be unlawful for any person to knowingly possess any air-gun, spring-gun or other
instrument or weapon in which the propelling force is a spring, air, piston or CO2 cartridge upon
school grounds or in any BOCES building without the express written authorization of the District
Superintendent or his/her designee.
Unlawful possession of a weapon upon school grounds may be a violation of the New York State
Penal Law, and is a violation of BOCES policy, and the Code of Conduct.
The Code of Conduct defines a weapon as a firearm (the term "firearm" as used in Section IV
subsection (B)(2)(h) is defined in 18 U.S.C.A. Section 921(3) shall include any weapon, including a
starter gun, which will or is designed to or may readily be converted to expel a projectile by the action
of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or
any destructive device. The term "destructive device" means any explosive, incendiary, or poison gas,
bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an
explosive or incendiary charge of more than one-quarter ounce, mine or any device similar to any of
those devices already described in this paragraph. Except that "destruction device" shall not mean any
device not designed or redesigned for use as a weapon.) as defined in 18 U.S.C. Section 921 for
purposes of the Gun-Free Schools Act.
A weapon also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun,
disguised gun, dagger, dirk, razor, stiletto, switchblade knife, gravity knife, pocket knife, brass
knuckles, sling shot, metal knuckle knife, box cutter, cane sword, electronic dart gun, paint ball guns,
pellet guns, Kung FU star, electronic stun gun, pepper spray or other noxious spray, explosive or
incendiary bomb, or other device, instrument, material or substance that can cause physical injury or
death when used to cause physical injury or death.
Penal Law Sections 265.05 and 265.06
NOTE: Refer also to Policies #6240 -- Weapons in School and #6241 -- Gun-Free Schools.
Adopted: 7/10/02
2002 2412
Community Relations
SUBJECT: THREATS OF VIOLENCE IN SCHOOL
The Oneida-Herkimer-Madison BOCES is committed to the prevention of violence against any
individual or property in the schools or at school activities whether such acts and/or threats of violence
are made by students, staff, or others. Threats of violence against students, school personnel and/or
school property will not be tolerated whether or not such threats occur on school grounds or during the
school day.
Any acts and/or threats of violence, including bomb threats, whether made orally, in writing, or
by e-mail, shall be subject to appropriate discipline in accordance with applicable law, BOCES
policies and regulations, as well as the Code of Conduct in accordance with the "New York State
Schools Against Violence in Education Act" and collective bargaining agreements, as may be
necessary.
While acknowledging an individual's constitutional rights, including applicable due process
rights, the BOCES refuses to condone acts and/or threats of violence which threaten the safety and
well being of staff, students and the school environment. Employees and students shall refrain from
engaging in threats or physical actions which create a safety hazard for others.
All staff who are made aware of physical acts and/or threats of violence directed to students or
staff are to report such incidents to a teacher, guidance counselor/social worker, the building principal
or his/her designee. The principal and/or his/her designee will gather the necessary information to
determine whether they believe a crime has been committed. If it is determined that a crime has been
committed, the appropriate law enforcement agency will be contacted immediately, followed by
notification of the parents/guardian of the student(s) involved. The building principal or his/her
designee must notify the appropriate local law enforcement agency of any code violations that
constitute a crime or substantially affect the order or security of a school as soon as practical, but in no
event no later than the close of business the day the principal or his/her designee learns of the
violation.
Students are to report all acts and/or threats of violence, including threats of suicide, of which
they are aware by reporting such incidents to the school hotline, a faculty member, or the building
principal.
The BOCES reserves the right to seek restitution, in accordance with law, from the
parent/guardian and/or student for any costs or damages which had been incurred by the BOCES as a
result of the threats or acts of violence in the schools.
This policy will be enforced in accordance with applicable laws and regulations, as well as
collective bargaining agreements and the Code of Conduct as may be necessary. Additionally, this
policy will be disseminated, as appropriate, to students, staff, and parents and will be available to the
general public upon request.
Regulations will be developed to address safety concerns in the schools, and appropriate
sanctions for violations of this policy by students are addressed in the Code of Conduct.
Adopted: 7/10/02
2003 2420
1 of 4
Community Relations
SUBJECT: ANTI-HARASSMENT IN THE BOCES
The Cooperative Board affirms its commitment to nondiscrimination and recognizes its
responsibility to provide an environment that is free of harassment and intimidation. Harassment is a
violation of law and stands in direct opposition to BOCES policy. Therefore, the Board prohibits and
condemns all forms of harassment on the basis of race, color, creed, religion, national origin, political
affiliation, sex, sexual orientation, age, marital or veteran status, or disability by employees, school
volunteers, students, and non-employees such as contractors and vendors as well as any third parties
who are participating in, observing, or otherwise engaging in activities subject to the supervision and
control of the BOCES. The Board also prohibits harassment based on an individual's opposition to
discrimination or participation in a related investigation or complaint proceeding under the anti-
discrimination statutes. This policy of nondiscrimination and anti-harassment will be enforced on
School District premises and in school buildings; and at all school-sponsored events, programs and
activities, including those that take place at locations off school premises. Sexual orientation is
defined as heterosexuality, homosexuality, bisexuality, or asexuality, whether actual or perceived.
It is intended that this policy apply to the dealings between or among employees with employees;
employees with students; students with students; employees/students with vendors/contractors and
others who do business with the BOCES, as well as school volunteers, visitors, guests and other third
parties. All of these persons are hereinafter referred to collectively as "the named group."
For purposes of this policy, harassment shall mean communication (verbal, written or graphic)
and/or physical conduct based on an individual's actual or perceived race, color, creed, religion,
national origin, political affiliation, sex, sexual orientation, age, marital or veteran status, or disability
that:
a) Has the purpose or effect of substantially or unreasonably interfering with an individual's
work performance or is used as a basis for employment decisions (including terms and
conditions of employment) affecting such individual; and/or creates an intimidating, hostile
or offensive work environment;
b) Has the purpose or effect of substantially or unreasonably interfering with a student's
academic performance or participation in an educational or extracurricular activity, or
creates an intimidating, hostile or offensive learning environment; and/or effectively bars
the student's access to an educational opportunity or benefit;
c) Otherwise adversely affects the employment and/or educational opportunities and benefits
provided by the BOCES.
The BOCES will act to promptly investigate all complaints, either verbal or written, formal or
informal, of allegations of harassment based on any of the characteristics described above; and will
promptly take appropriate action to protect individuals from further harassment.
(Continued)
2003 2420
2 of 4
Community Relations
SUBJECT: ANTI-HARASSMENT IN THE BOCES (Cont'd.)
In order for the Board to enforce this policy, and to take corrective measures as may be
necessary, it is essential that any employee, student, or other member of the above named group who
believes he/she has been a victim of harassment in the school environment and/or at programs,
activities and events under the control and supervision of the BOCES, as well as any individual who is
aware of and/or who has knowledge of, or witnesses any possible occurrence of harassment,
immediately report such alleged harassment; such report shall be directed to or forwarded to the
Supervisor of Human Resources (the compliance officer) through informal and/or formal complaint
procedures as developed by the BOCES. Such complaints are recommended to be in writing, although
verbal complaints of alleged harassment will also be promptly investigated in accordance with the
terms of this policy. The Board designates the Supervisor of Human Resources as the Title IX
Coordinator to receive reports or complaints of harassment. In the event that the compliance officer is
the alleged offender, the report will be directed to the next level of supervisory authority.
Upon receipt of an informal/formal complaint, the compliance officer will conduct a thorough
investigation of the charges. However, even in the absence of an informal/formal complaint, if the
BOCES has knowledge of any occurrence of harassment, the compliance officer will investigate such
conduct promptly and thoroughly. To the extent possible, within legal constraints, all complaints will
be treated as confidentially and privately as possible. However, disclosure may be necessary to
complete a thorough investigation of the charges and/or to notify law enforcement officials as
warranted, and any disclosure will be provided on a "need to know" basis.
Based upon the results of this investigation, if the BOCES determines that an employee and/or
student has violated the terms of this policy and/or accompanying regulations, immediate corrective
action will be taken as warranted. Should the offending individual be a student, appropriate
disciplinary measures will be applied, up to and including suspension, in accordance with applicable
laws and/or regulations, BOCES policy and regulation, and the BOCES Code of Conduct. Should the
offending individual be a school employee, appropriate disciplinary measures will be applied, up to
and including termination of the offender's employment, in accordance with legal guidelines, BOCES
policy and regulation, and the applicable collective bargaining agreement(s). Third parties (such as
school volunteers, vendors, etc.) who are found to have violated this policy and/or accompanying
regulations and/or the Code of Conduct, will be subject to appropriate sanctions as warranted and in
compliance with law. The application of such disciplinary measures by the BOCES does not preclude
the filing of civil and/or criminal charges as may be warranted.
The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses,
and/or any other individuals who participated in the investigation of a complaint of harassment.
Follow-up inquiries shall be made to ensure that harassment has not resumed and that all those
involved in the investigation of the harassment complaint have not suffered retaliation.
(Continued)
2003 2420
3 of 4
Community Relations
SUBJECT: ANTI-HARASSMENT IN THE BOCES (Cont'd.)
Regulations will be developed for reporting, investigating, and remedying allegations of
harassment based on the characteristics described above. An appeal procedure will also be provided to
address any unresolved complaints and/or unsatisfactory prior determinations by the applicable
complaint officer(s). Such regulations will be developed in accordance with federal and state law as
well as any applicable collective bargaining agreement(s).
The District Superintendent/designee(s) will affirmatively discuss the topic of harassment with
all employees and students, express the BOCES condemnation of such conduct, and explain the
sanctions for such harassment. Appropriate training and/or "awareness" programs will be established
for staff and students to help ensure knowledge of and familiarity with the issues pertaining to
harassment in the schools, and to disseminate preventative measures to help reduce such incidents of
prohibited conduct. Furthermore, special training will be provided for designated supervisors and
managerial employees, as may be necessary, for the investigation of harassment complaints.
A copy of this policy and its accompanying regulations will be available upon request and may
be posted at various locations in each school building. The BOCES policy and regulations on anti-
harassment will be published in appropriate school publications such as teacher/employee handbooks,
student handbooks, and/or school calendars.
This policy should not be read to abrogate other BOCES policies and/or regulations or the
BOCES Code of Conduct prohibiting other forms of unlawful discrimination, inappropriate behavior,
and/or hate crimes within this BOCES. It is the intent of the BOCES that all such policies and/or
regulations be read consistently to provide the highest level of protection from unlawful discrimination
in the provision of employment/educational services and opportunities. However, different treatment
of any member of the above named group which has a legitimate, legal and nondiscriminatory reason
shall not be considered a violation of BOCES policy.
Title VII of the Civil Rights Act of 1964,
42 United States Code (U.S.C.)
Section 2000-e, et seq. – Prohibits discrimination on the
basis of race, color, religion, sex or national origin.
Title VI of the Civil Rights Act of 1964,
42 United States Code (U.S.C.)
Section 2000-d, et seq. – Prohibits discrimination on
the basis of race, color or national origin.
(Continued)
2003 2420
4 of 4
Community Relations
SUBJECT: ANTI-HARASSMENT IN THE BOCES (Cont'd.)
Section 504 of the Rehabilitation Act of 1973,
29 United States Code (U.S.C.) Section 794 et seq. –
Prohibits discrimination on the basis of disability.
The Americans With Disabilities Act,
42 United States Code (U.S.C.) Section 12101 et seq. –
Prohibits discrimination on the basis of disability.
Title IX of the Education Amendments of 1972,
20 United States Code (U.S.C.) Section 1681 et seq. –
Prohibits discrimination on the basis of sex.
New York State Civil Rights Law Section 40-c
Prohibits discrimination on the basis of race, creed,
color, national origin, sex, sexual orientation,
marital status or disability.
New York State Executive Law
Section 290 et seq. - Prohibits discrimination on the
basis of age, race, creed, color, national origin, sex,
sexual orientation, disability or marital status.
Age Discrimination in Employment Act,
29 United States Code (U.S.C.) Section 621.
Military Law Sections 242 and 243.
Adopted: 5/14/03
2003 3000
Administration
Oneida BOCES NUMBER
ADMINISTRATION
(Section 3000)
ADMINISTRATIVE PERSONNEL
1.1 Administrative Personnel
1.1.1 District Superintendent ...............................................................................3111
1.1.2 Administrative and Supervisory Personnel.................................................3112
1.2 Evaluation of the District Superintendent and Other Administrative Staff ............3120
1.3 Conference Attendance by Administrators and Program Specialists .....................3130
1.4 Administrative Interns ............................................................................................3140
1.5 Consultants..............................................................................................................3150
1.6 Program Specialists.................................................................................................3160
1.7 Employee Compensation ........................................................................................3170
ADMINISTRATIVE OPERATIONS
2.1 Administrative Organization and Operation...........................................................3210
2.1.1 Organizational Model .................................................................................3211
2.2 Administrative Councils, Cabinets and Committees ..............................................3220
2.2.1 Chief School Administrators Cabinet .........................................................3221
2.2.2 Administrative Council...............................................................................3222
2.3 Job Descriptions......................................................................................................3230
2002 3111
Administration
SUBJECT: DISTRICT SUPERINTENDENT
The Board, with the approval of the Commissioner of Education, shall appoint a District
Superintendent who shall act as the Executive Officer of BOCES.
The District Superintendent shall possess the powers and discharge the duties defined in
Education Law and be responsible for executing all policies, decisions and orders of the Cooperative
Board.
The District Superintendent shall report to the Board upon the operation of the policies adopted
by the Board and may present for consideration such changes and amendments as he/she believes to be
desirable or necessary. In the absence of a Board Policy, the District Superintendent shall have the
power to take administrative action.
The general administration of all programs shall be under the District Superintendent's direction
and supervision. He/she or his/her designee shall attend all meetings of the Cooperative Board and
shall act in an advisory capacity on all matters. In all emergency situations not specifically designated
herein, the District Superintendent shall have the power to act in accordance with his/her best
judgment. In the absence of the District Superintendent, the Assistant Superintendents, Directors,
Principals, Assistant Principals, and Managers/Supervisors, in that order, shall assume responsibility
for administrative decisions.
Adopted: 7/10/02
2002 3112
1 of 2
Administration
SUBJECT: ADMINISTRATIVE AND SUPERVISORY PERSONNEL
Management shall be considered to be those BOCES employees officially designated by Board
action as responsible for the administrative and supervisory tasks required to carry out Board policy,
programs, decisions and actions. Each employee who spends more than 75 percent of his/her time on
such activities will be designated as a member of the management group.
At the time of employment these employees shall meet, or be eligible to meet, all certification
and/or Civil Service requirements as outlined in New York State Education Law, New York State
Civil Service Law, and the rules and regulations of the Commissioner of Education of New York
State. The administrative and supervisory staff shall be obligated to meet these requirements at the
time of employment or be eligible to meet these requirements at the time of employment.
Establishment of Administrative Positions
Administrative positions shall be established based upon the recommendation of the District
Superintendent, with the approval of the Cooperative Board. The determination of the District
Superintendent to recommend the establishment of a position shall be based upon the need for the
position and the ability of the organization to pay for it.
Recommendations for the establishment of a new position shall include:
a) Title of position
b) Description of overall responsibilities
c) Reporting requirements
d) Enumerated managerial and supervisory responsibilities
Included with the recommendation shall be information regarding the cost of the position and
funding sources.
Positions requiring educational certification shall be considered as discrete tenure areas and thus
shall require consideration by the Cooperative Board at two consecutive meetings.
Whenever 50 percent or more of the duties in an existing administrative position will be
changed, the change necessitates a change in tenure area which requires consideration by the
Cooperative Board at two consecutive meetings. The position will be considered a new position and
the established procedures for recruitment, selection and appointment will be followed. If the position
replaces an existing position, that position will be abolished in accordance with the provisions of New
York State Education Law, Section 3013.
(Continued)
2002 3112
2 of 2
Administration
SUBJECT: ADMINISTRATIVE AND SUPERVISORY PERSONNEL (Cont'd.)
Whenever less than 50 percent of the duties in an existing administrative position will be
changed, no change in tenure area is required. However, if a change in tenure areas is recommended,
there will be no change in the seniority, tenure or probationary status of the incumbent. This action
requires consideration of the Cooperative Board at two consecutive meetings.
Terms of Employment or Appointment
Effective with the adoption of this policy statement, all new management personnel (with the
exception of the District Superintendent) shall be appointed to their positions for a probationary period
of three years if filling unclassified positions, or for a probationary period as determined by Civil
Service regulation if filling a classified position.
Management personnel will be placed on tenure or permanent status at the completion of their
probationary period if their performance is deemed satisfactory by their immediate superior, the
District Superintendent and the Board. The Board, District Superintendent, and all management
employees are obligated to adhere to the New York State Education Law and all rules and regulations
of the Commissioner of Education or Civil Service rules and regulations in matters relating to
probationary and tenure appointments or provisional and permanent appointments.
Each management employee shall be employed for a full twelve-month period with the
employment year beginning on July 1 and concluding on June 30 of the subsequent calendar year.
Employees will be entitled to those holidays set forth in the annual calendar as established by the
District Superintendent. An employment period of less than twelve months may be recommended by
the Board in those cases which are designated as not critically requiring a twelve-month employee.
Evaluation of Performance
A procedure shall be established that will provide for at least one performance evaluation on an
annual basis.
Education Law Sections 2204, 2212, 3006, 3007, 3008,
3009, 3010, 3014, 3031, 3019-a and 3020-a
Civil Service Law Sections 35(g), 50-59 and 60-65
Adopted: 7/10/02
2002 3120
Administration
SUBJECT: EVALUATION OF THE DISTRICT SUPERINTENDENT AND OTHER
ADMINISTRATIVE STAFF
District Superintendent
The Board shall conduct an annual evaluation of the performance of the District Superintendent,
using procedures agreed to by the District Superintendent and the Board. Such procedures shall be
filed in the District Office, and be available for review by any individual no later than August 1 of
each year.
The evaluation report shall be maintained as a confidential document.
The District Superintendent shall be granted the opportunity to respond to the evaluation.
Other Administrative Staff
All other administrative personnel shall be evaluated by the District Superintendent, Assistant
Superintendent or other administrator to whom they report.
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(o)
Adopted: 7/10/02
2002 3130
Administration
SUBJECT: CONFERENCE ATTENDANCE BY ADMINISTRATORS AND PROGRAM
STAFF SPECIALISTS
The administrative staff and program staff specialists are encouraged to affiliate with
professional organizations and actively participate in educational activities designed to improve their
professional competencies. Conferences are an opportunity for administrators to keep abreast of
current developments in education. Therefore, administrators are encouraged to undertake
participation in such appropriate educational proceedings.
Accordingly, the Board shall by resolution, adopted annually at the Board's reorganizational
meeting, authorize the District Superintendent or his/her designee to approve such conference
attendance within fiscal limits adopted for that purpose in the annual budget and within the framework
of the guidelines for conference attendance established by the District Superintendent's office.
Adopted: 7/10/02
2002 3140
Administration
SUBJECT: ADMINISTRATIVE INTERNS
The BOCES recognizes the value of and need for administrative internships to further develop
skills of persons desiring to become full-time administrators. To that end, this Board encourages the
use of interns from duly accredited colleges and universities.
Adopted: 7/10/02
2002 3150
Administration
SUBJECT: CONSULTANTS
The administrative and supervisory staff of the BOCES shall encourage the use of professional
consultants from the State Education Department, colleges, universities, and other resource persons,
when such consultative services will be helpful in the improvement of the instructional program of
BOCES and schools of the component districts. All consultants shall be approved by the District
Superintendent prior to the invitation and arrangement for visitation by such person or persons to the
area.
Consultants shall be employed according to agreed-upon hourly and/or daily rates commensurate
with their standard fees and those paid for such services in the immediate area. Additional expenses
for travel, meals and lodging shall be allowed, if applicable and with prior approval.
Consultants will be employed for purposes such as meetings, planning services, surveys,
seminars and workshops. Other purposes may be determined at the discretion of the District
Superintendent.
Directors shall submit in writing to the District Superintendent each proposal to use such
consultant. Any proposal shall state the name of the consultant(s), area of expertise, the reason for
selection, the purpose of presence, the duration of stay, the expected outcomes of participation, and the
total cost for the visit.
Adopted: 7/10/02
2002 3160
Administration
SUBJECT: PROGRAM SPECIALISTS
Program specialists shall be considered to be those BOCES employees officially designated by
Board action as responsible for conducting research, liaison, and program activities which support
teaching and administrative personnel in the pursuit of the goals and objectives of BOCES.
These employees shall meet all certification and/or Civil Service requirements as outlined in
New York State Education Law, New York State Civil Service Law, and the rules and regulations
promulgated by the Commissioner of Education of New York State. The program specialist shall be
obligated to meet these requirements at the time of employment or be eligible to meet these
requirements at the time of employment.
The obligations, duties and responsibilities of all program specialist personnel shall be set forth
in a job description for each position issued by the District Superintendent or his/her designee.
Program specialist personnel shall also be covered under the provisions of Board policy applying
to management personnel.
Adopted: 7/10/02
2003 3170
Administration
SUBJECT: EMPLOYEE COMPENSATION
Management compensation shall be established annually with the salary for each individual
being adjusted accordingly.
Adopted: 5/14/03
2002 3210
Administration
SUBJECT: ADMINISTRATIVE ORGANIZATION AND OPERATION
The basic principles of Administrative Organization and Operation are:
a) The Board of Cooperative Educational Services shall formulate and legislate educational
policy.
b) Administrative regulations shall be developed by the District Superintendent or his/her
designee in cooperation with affected or interested staff members or lay persons.
c) The central office staff shall provide overall leadership and assistance in planning and
research.
d) A reasonable limit shall be placed upon the number of persons with whom an administrator
shall be expected to work effectively.
e) Areas of responsibility for each individual shall be clearly defined.
f) There shall be full opportunity for complete freedom of communication between all levels
in the BOCES staff.
Adopted: 7/10/02
ONEIDA-HERKIMER-MADISON BOCES
ADMINISTRATION
Cooperative
Board
District
Superintendent
Assistant Assistant
Superintendent Superintendent
Administrative Instructional
Services Services
Director Director
Information Program and
1 of 5
3211
and Technology Professional
Development
ONEIDA-HERKIMER-MADISON BOCES
ADMINISTRATION SERVICES
District
Superintendent
Assistant
Superintendent
Administrative
Services
Supervisor Supervisor Program Safety Supervisor School State
Human CBO/ Specialist Coordinator Building, Lunch Aid
Resources Records Safety Grounds, Manager Planning
Coordinator Transportation
2 of 5
3211
ONEIDA-HERKIMER-MADISON BOCES
INSTRUCTIONAL SERVICES
District
Superintendent
Assistant
Superintendent
Instructional
Services
Administrator Principal Supervising Principal
for Career and Principal Special
Special Technical Alternative Education
Programs Education Education
Assistant Principal Principal Assistant Assistant Program Program Program
Principal Mohawk James Principal Principal Specialist Specialist Specialist
Valley Street Business Tech Regional
Academy Academy and Prep Program for
3 of 5
3211
Education Excellence
ONEIDA-HERKIMER-MADISON BOCES
INFORMATION AND TECHNOLOGY
District
Superintendent
Director
Information
and
Technology
Public Program Coordinator Coordinator Printing
Relations Specialist School Media Supervisor
Specialist Coordinator Library Services
Planetarium
4 of 5
3211
ONEIDA-HERKIMER-MADISON BOCES
PROGRAM AND PROFESSIONAL DEVELOPMENT
District
Superintendent
Director
Program and
Professional
Development
Program Program Teacher SETRC
Specialist Specialist Center Coordinator
Math Instructional Director
and Program
Science Planning and
Development
5 of 5
3211
2002 3220
Administration
SUBJECT: ADMINISTRATIVE COUNCILS, CABINETS, AND COMMITTEES
The Board authorizes the District Superintendent to establish such permanent or temporary
councils, cabinets, and committees as are necessary for proper administration of Board policies and for
the improvement of the total BOCES program.
All councils, cabinets, and committees created by the District Superintendent shall be for the
purpose of obtaining to a maximum degree the advice and counsel of administrative, supervisory and
other personnel and to aid in communication. Functioning in an advisory capacity, such groups may
make recommendations for submission to the Board through the District Superintendent. Such groups
shall exercise no inherent authority. Authority for establishing policy remains with the Board and
authority for implementing policy remains with the District Superintendent.
The membership, composition, and responsibilities of administrative councils, cabinets, and
committees shall be defined by the District Superintendent and may be changed at his/her discretion.
NOTE: Refer also to Policies #3221 -- Chief School Administrators Cabinet and #3222 --
Administrative Council.
Adopted: 7/10/02
2002 3221
Administration
SUBJECT: CHIEF SCHOOL ADMINISTRATORS CABINET
A Chief School Administrators' Cabinet has been established to provide a means for appropriate
and necessary communication between and among Oneida BOCES and the component school
districts.
This Cabinet may be used to ascertain the needs of school districts, discuss proposals for meeting
such needs, provide information concerning legal requirement of school districts and other topics
deemed appropriate by the District Superintendent.
It is the intent of the Cabinet to maintain and develop close cooperation among and between
component school districts and to facilitate the communication process within the BOCES area.
Membership in the Cabinet is limited to the officially appointed Chief School Administrators of
the component school districts who shall meet at such times and places as designated by the District
Superintendent.
Other personnel of the component school districts and BOCES may be requested to attend
regularly or at specific meetings by the District Superintendent of Schools to facilitate the matters
under consideration.
Adopted: 7/10/02
2002 3222
Administration
SUBJECT: ADMINISTRATIVE COUNCIL
An Administrative Council has been established by the District Superintendent of Schools to
facilitate the administrative, instructional and organizational phases of the BOCES.
It meets at such times and places as determined by the District Superintendent.
Membership in the Administrative Council is composed of those persons appointed by the
Cooperative Board whom the District Superintendent wishes to regularly consult on BOCES matters
and who have major administrative responsibilities for BOCES services and programs.
Adopted: 7/10/02
2002 3230
Administration
SUBJECT: JOB DESCRIPTIONS
Job descriptions for all BOCES positions shall be developed and maintained by the
administration, in compliance with applicable law and regulations.
Adopted: 7/10/02
2003 4000
Non-Instructional/Business
Operations
Oneida BOCES NUMBER
NON-INSTRUCTIONAL/BUSINESS OPERATIONS
(Section 4000)
BUDGET
1.1 Budget Planning and Preparation ...........................................................................4110
1.2 Budget Development and Adoption .......................................................................4120
1.3 Administration of Budget .......................................................................................4130
INCOME FUNDS
2.1 Investments .............................................................................................................4210
2.2 Applications for State and Federal Funds...............................................................4220
PURCHASING
3.1 Purchasing Principles..............................................................................................4310
3.2 Expenditures/Personal Property Accountability.....................................................4320
3.2.1 Personal Property Acquisitions Definitions................................................4321
3.2.2 Personal Property Acquisitions by Purchase ..............................................4322
3.2.3 Personal Property Acquisition by Gift........................................................4323
FISCAL ACCOUNTING
4.1 Approval of Expenditures.......................................................................................4410
4.2 Inventory
4.2.1 Personal Property Disposition ....................................................................4421
4.2.2 Accountability for Personal Property -- BOCES Owned Supplies,
Equipment, and Tools -- Miscellaneous Provisions ...................................4422
2003 4000
Non-Instructional/Business
Operations
NON-INSTRUCTIONAL/BUSINESS OPERATIONS (Cont'd.) NUMBER
(Section 4000)
FISCAL ACCOUNTING (Cont'd.)
4.2.3 Inventory of All Personal Property.............................................................4423
4.3 Accountability for BOCES Funds ..........................................................................4430
4.3.1 Extracurricular Activity Funds ...................................................................4431
4.4 Cash in School Buildings and Petty Cash Funds....................................................4440
4.5 Special Projects Contracts ......................................................................................4450
4.6 Sale of Supplies and Materials................................................................................4460
4.7 Accounting of Fixed Assets……………………………………………………….4470
NON-INSTRUCTIONAL OPERATIONS
5.1 Facilities Planning...................................................................................................4510
5.1.1 Inspection, Operation and Maintenance .....................................................4511
5.1.2 Evaluating Existing Buildings ....................................................................4512
5.1.3 Site Acquisition...........................................................................................4513
5.1.4 Closing of Facilities ....................................................................................4514
5.2 Owned or Leased Vehicles .....................................................................................4520
5.3 Safety/Security........................................................................................................4530
5.3.1 Hazard Communication Standard...............................................................4531
5.3.2 Emergency Management Plan ....................................................................4532
5.4 Smoking/Tobacco Use............................................................................................4540
5.5 Exposure Control Program .....................................................................................4550
5.6 Records Management .............................................................................................4560
2003 4000
Non-Instructional/Business
Operations
NON-INSTRUCTIONAL/BUSINESS OPERATIONS (Cont'd.) NUMBER
(Section 4000)
TRANSPORTATION
6.1 Drug and Alcohol Testing of Bus Drivers and Other Safety Sensitive
Employees...............................................................................................................4610
2002 4110
Non-Instructional/Business
Operations
SUBJECT: BUDGET PLANNING AND PREPARATION
The budget of the BOCES shall be prepared annually for the Board under the supervision of the
District Superintendent. By November of each year the District Superintendent shall develop a
timetable and work plan for the use of the component school districts and BOCES administrators to
compile budget data.
The budget calendar shall provide for the following:
a) Budget estimates required for Co-Ser preparation.
b) Estimates of service costs provided to component districts for their planning purposes.
c) Tentative budget of expenditures for the program costs, a tentative budget for capital costs,
and a tentative budget for the administrative costs for Board review.
d) A presentation of the tentative budgets at the Annual Meeting as well as all attachments as
mandated by law and/or regulation.
e) Final budget for Board review and adoption after the tentative budgets have been reviewed
and the tentative administrative budget has been voted on by the component school boards
in accordance with law.
Education Law Section 1950(2-a) and (4)(b)
NOTE: Refer also to Policy #4120 -- Budget Development and Adoption.
Adopted: 7/10/02
2002 4120
1 of 2
Non-Instructional/Business
Operations
SUBJECT: BUDGET DEVELOPMENT AND ADOPTION
Authorization of the budgetary commitment of a component school district to participate in
programs and services provided by Oneida BOCES rests with the component school board and is
executed by the superintendent of the school district. A preliminary service request is due not later
than February 1st of each year, with the final request due on or before May 1st, in accordance with
Section 1950 of Education Law.
The Oneida Board of Cooperative Educational Services shall prepare separate tentative budgets
for its administrative, capital and program costs as delineated in accordance with law and/or
regulation. All three tentative budgets will be formally presented to the component districts at the
Annual Meeting held on or before April 15th.
The BOCES administrative budget shall include, but is not limited to, office and central
administrative expenses; traveling expenses; salaries and benefits of supervisors and administrative
personnel necessary to carry out the central administrative duties of the Supervisory District; all
expenditures associated with the Board, the office of the District Superintendent, general
administration, central support services, planning and all other administrative activities. The BOCES
program budget shall include, but is not limited to, facility construction or acquisition; capital projects;
operations and maintenance costs; custodial salaries and benefits; and supplies and utilities costs. The
capital budget also includes expenditures resulting from court judgments and orders from
administrative bodies or officers, and certain costs relating to employee retirement.
The Board must attach to the administrative budget a detailed statement of the total
compensation to be paid to the District Superintendent, delineating the salary, annualized cost of
benefits and any in-kind or other form of remuneration to be paid. In addition, the Board must attach
to the proposed administrative budget a BOCES report card as enumerated in law and regulation.
The three tentative budgets and attachments shall be provided to each component school board
at least 10 days prior to the Annual Meeting. The board of each component school district shall adopt
a public resolution approving or disapproving such tentative administrative budget at a regular or
special meeting held on the same date designated for election of members of the Oneida Board of
Cooperative Educational Services. Each component board is entitled to one vote on the proposed
administrative budget. Approval of the tentative administrative budget requires the approval of a
majority of the total number of component school boards. If a majority of the components turns down
the administrative budget or if there is a tie vote, the Cooperative Board will adopt and prepare a
contingency administrative budget which may not exceed the previous year's budget except for
increases to supplemental retirement allowances. If the majority of component districts approve the
tentative administrative budget, the Cooperative Board may adopt the administrative budget without
modification.
(Continued)
2002 4120
2 of 2
Non-Instructional/Business
Operations
SUBJECT: BUDGET DEVELOPMENT AND ADOPTION (Cont'd.)
While the BOCES capital and program budgets are presented to the component districts for their
review, the adoption of those budgets is the sole responsibility of the Oneida Board of Cooperative
Educational Services. The law requires that the Board adopt its final administrative, capital and
program budgets by May 15th.
After this date, requests for changes in the district's level of participation, either increases or
decreases, shall be made in writing by the component school superintendent to the District
Superintendent or his/her designee.
Component schools must submit their BOCES commitment forms to the Cooperative Board by
May lst of each year. The Board of Cooperative Educational Services will enter into contracts with
the component school districts with an effective date of July lst of each year. All contracts must be
completed and on file by August lst of a given school year.
Requests from component school districts for services not available from Oneida BOCES must
be made in writing to the District Superintendent or his/her designee who may authorize the issuance
of a cross contract with another BOCES.
Education Law Section 1950(2-a), and (4)(b)
8 New York Code of Rules and Regulations
(NYCRR) Section 170.3
NOTE: Refer also to Policy #4110 -- Budget Planning and Preparation.
Adopted: 7/10/02
2002 4130
Non-Instructional/Business
Operations
SUBJECT: ADMINISTRATION OF BUDGET
The District Superintendent is responsible to the Oneida Board of Cooperative Educational
Services for the administration of the budget.
a) The District Superintendent/designee shall acquaint BOCES employees with the final
provisions of the program budget and guide them in planning to operate efficiently and
economically within these provisions. Function and object appropriations for line items
shall be determined by July 1 of the fiscal year based on the May 15 previously adopted
budget. All changes and transfers shall be properly recorded in the interim between May
15 and July 1.
b) Under the District Superintendent's direction, the Assistant Superintendent for
Administrative Services shall maintain such records of accounting control as are required
by the New York State Uniform System of Accounts, the Board of Cooperative
Educational Services, and such other procedures as are deemed necessary, and shall keep
the various administrative units informed as to the status of their individual budgets, on a
service and object basis. The Business Office shall bring to the attention of the
administrative units and the District Superintendent any deviations from original requests.
c) Division Directors are responsible to the District Superintendent for the operation of their
units within budgetary limits.
d) The District Superintendent shall require the Assistant Superintendent for Administrative
Services to render a summary report by program or major function, at least quarterly,
within the Regulations of the Commissioner of Education.
Budget Transfers
The District Superintendent, in compliance with the Commissioner's Regulations, shall be
authorized to approve the transfer of funds between/within budget functions and internal fund transfers
in the amount established by the Board.
8 New York Code of Rules and Regulations
(NYCRR) Section 170.2
Adopted: 7/10/02
2002 4210
1 of 6
Non-Instructional/Business
Operations
SUBJECT: INVESTMENTS
Scope
This investment policy applies to all moneys and other financial resources available for
investments on its own behalf or on behalf of any other entity or individual.
Objectives
The primary objectives of the local government's investment activities are, in priority order,
a) To conform with all applicable federal, state and other legal requirements (legal);
b) To adequately safeguard principal (safety);
c) To provide sufficient liquidity to meet all operating requirements (liquidity); and
d) To obtain a reasonable rate of return (yield).
Delegation of Authority
The governing board's responsibility for administration of the investment program is delegated
to the Assistant Superintendent who shall establish written procedures for the operation of the
investment program consistent with these investment guidelines. Such procedures shall include an
adequate internal control structure to provide a satisfactory level of accountability based on a data base
or records incorporating description and amounts of investments, transaction dates, and other relevant
information and regulate the activities of subordinate employees.
Prudence
All participants in the investment process shall seek to act responsibly as custodians of the public
trust and shall avoid any transaction that might impair public confidence in the Oneida BOCES to
govern effectively.
Investments shall be made with judgment and care, under circumstances then prevailing, which
persons of prudence, discretion and intelligence exercise in the management of their own affairs, not
for speculation, but for investment, considering the safety of the principal as well as the probable
income to be derived.
All participants involved in the investment process shall refrain from personal business activity
that could conflict with proper execution of the investment program, or which could impair their
ability to make impartial investment decisions.
(Continued)
2002 4210
2 of 6
Non-Instructional/Business
Operations
SUBJECT: INVESTMENTS (Cont'd.)
Diversification
It is the policy of the Oneida BOCES to diversify its deposits and investments by financial
institution, by investment instrument, and by maturity scheduling.
Internal Controls
The Assistant Superintendent is responsible for establishing and maintaining an internal control
structure to provide reasonable, but not absolute, assurance that deposits and investments are
safeguarded against loss from unauthorized use or disposition, that transactions are executed in
accordance with management's authorization and recorded properly, and are managed in compliance
with applicable laws and regulations.
Designation of Depositaries
The banks and trust companies authorized for the deposit of monies up to the maximum amounts
are:
Depository Name Maximum Amount
J.P. Morgan Chase $13,000,000
Fleet 13,000,000
NBT 13,000,000
Key 13,000,000
HSBC 13,000,000
CLASS 2,000,000
NYLAF 2,000,000
Collateralizing of Deposits
In accordance with the provisions of General Municipal Law, Section 10, all deposits of Oneida-
Herkimer-Madison BOCES, including certificates of deposit and special time deposits, in excess of
the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured:
a) By a pledge of "eligible securities" with an aggregate "market value" as provided by
General Municipal Law, Section 10, equal to the aggregate amount of deposits from the
categories designated in appendix A to the policy.
(Continued)
2002 4210
3 of 6
Non-Instructional/Business
Operations
SUBJECT: INVESTMENTS (Cont'd.)
b) By an eligible "irrevocable letter of credit" issues by a qualified bank other than the bank
with the deposits in favor of the government for a term not to exceed 90 days with an
aggregate value equal to 140% of the aggregate amount of deposits and the agreed upon
interest, if any. A qualified bank is one whose commercial paper and other unsecured
short-term debt obligations are rated in one of the three highest rating categories by at least
one nationally recognized statistical rating organization or by a bank that is in compliance
with applicable federal minimum risk-based capital requirements.
c) By an eligible surety bond payable to the government for an amount at least equal to 100%
of the aggregate amount of deposits and the agreed upon interest, if any, executed by an
insurance company authorized to do business in New York State, whose claims-paying
ability is rated in the highest rating category by at least two nationally recognized statistical
rating organizations.
Safekeeping and Collateralization
Eligible securities used for collateralizing deposits shall be held by the depositary and/or a third
party bank or trust company subject to security and custodial agreements.
The security agreement shall provide that eligible securities are being pledged to secure local
government deposits together with agreed upon interest, if any, and any costs or expenses arising out
of the collections of such deposits upon default. It shall also provide the conditions under which the
securities may be sold, presented for payment, substituted or released and the events which will enable
the local government to exercise its rights against the pledged securities. In the event that the
securities are not registered or inscribed in the name of the local government, such securities shall be
delivered in a form suitable for transfer or with an assignment in blank to the Oneida-Herkimer-
Madison BOCES or its custodial bank.
The custodial agreement shall provide that securities held by the bank or trust company, or agent
of and custodian for, the local government, will be kept separate and apart from the general assets of
the custodial bank or trust company and will not, in any circumstances, be commingled with or
become part of the backing for any other deposit or other liabilities. The agreement should also
describe that the custodian shall confirm the receipt, substitution or release of the securities. The
agreement shall provide for the frequency of revaluation of eligible securities and for the substitution
of securities when a change in the rating of a security may cause ineligibility. Such agreement shall
include all provisions necessary to provide the local government a perfected interest in the securities.
(Continued)
2002 4210
4 of 6
Non-Instructional/Business
Operations
SUBJECT: INVESTMENTS (Cont'd.)
Permitted Investments
As authorized by General Municipal Law, Section 11, the Oneida-Herkimer-Madison BOCES
authorizes the Assistant Superintendent to invest moneys not required for immediate expenditure for
terms not to exceed its projected cash flow needs in the following types of investments:
a) Special time deposit accounts;
b) Certificates of deposit;
c) Obligations of the United States of America;
d) Obligations guaranteed by agencies of the United States of America where the payment of
principal and interest are guaranteed by the United States of America;
e) Obligations of the State of New York;
f) Obligations issued pursuant to LFL Section 24.00 or 25.00 (with approval of the State
Comptroller) by any municipality, school district or district corporation other than the
Oneida-Herkimer-Madison BOCES;
g) Obligations of public authorities, public housing authorities, urban renewal agencies and
industrial development agencies where the general State statutes governing such entities or
whose specific enabling legislation authorizes such investments.
h) Certificates of Participation (COPs) issued pursuant to GML Section 109-b
i) Obligations of this local government, but only with any moneys in a reserve fund
established pursuant to General Municipal Law Sections 6-c, 6-d, 6-e, 6-g, 6-h, 6-j, 6-k, 6-l,
6-m, or 6-n.
All investment obligations shall be payable or redeemable at the option of the Oneida-Herkimer-
Madison BOCES within such times as the proceeds will be needed to meet expenditures for purposes
for which the moneys were provided and, in the case of obligations purchased with the proceeds of
bonds or notes, shall be payable or redeemable at the option of the Oneida BOCES within two (2)
years of the date of purchase.
(Continued)
2002 4210
5 of 6
Non-Instructional/Business
Operations
SUBJECT: INVESTMENTS (Cont'd.)
Authorized Financial Institutions and Dealers
The Oneida-Herkimer-Madison BOCES shall maintain a list of financial institutions and dealers
approved for investment purposes and establish appropriate limits to the amount of investments which
can be made with each financial institution or dealer. All financial institutions with which the local
government conducts business must be credit worthy. Banks shall provide their most recent
Consolidated Report of Condition (Call Report) at the request of the Oneida-Herkimer-Madison
BOCES. Security dealers not affiliated with a bank shall be required to be classified as reporting
dealers affiliated with the New York Federal Reserve Bank, as primary dealers. The Assistant
Superintendent for Administrative Services is responsible for evaluating the financial position and
maintaining a listing of proposed depositories, trading partners and custodians. Such listing shall be
evaluated at least annually.
Purchase of Investments
The Assistant Superintendent is authorized to contract for the purchase of investments:
a) Directly, including through a repurchase agreement, from an authorized trading partner.
b) By participation in a cooperative investment program with another authorized
governmental entity pursuant to Article 5G of the General Municipal Law where such
program meets all the requirements set forth in the Office of the State Comptroller Opinion
No. 88-46, and the specific program has been authorized by the governing board. The
CLASS cooperative investment program may invest in repurchase agreements when
investing BOCES dollars.
c) By utilizing an ongoing investment program with an authorized trading partner pursuant to
a contract authorized by the governing board.
All purchased obligations, unless registered or inscribed in the name of the local government,
shall be purchased through, delivered to and held in the custody of a bank or trust company. Such
obligations shall be purchased, sold or presented for redemption or payment by such bank or trust
company only in accordance with prior authorization from the officer authorized to make the
investment. All such transactions shall be confirmed in writing to the Oneida-Herkimer-Madison
BOCES by the bank or trust company. Any obligation held in the custody of a bank or trust company
shall be held pursuant to a written custodial agreement as described in General Municipal Law,
Section 10.
(Continued)
2002 4210
6 of 6
Non-Instructional/Business
Operations
SUBJECT: INVESTMENTS (Cont'd.)
The custodial agreement shall provide that securities held by the bank or trust company, as agent
of and custodian for, the local government, will be kept separate and apart from the general assets of
the custodial bank or trust company and will not, in any circumstances, be commingled with or
become part of the backing for any other deposit or other liabilities. The agreement shall describe how
the custodian shall confirm the receipt and release of the securities. Such agreement shall include all
provisions necessary to provide the local government a perfected interest in the securities.
Appendix A
Schedule of Eligible Securities
Obligations issued, or fully insured or guaranteed as to the payment of principal and interest, by
the United States of America, an agency thereof or a United States government sponsored corporation.
Obligations issued or fully insured or guaranteed by the State of New York, obligations issued
by a municipal corporation, school district or district corporation of such State or obligations of any
public benefit corporation which under a specific State statute may be accepted as security for deposit
of public moneys.
Adopted: 7/10/02
2002 4220
Non-Instructional/Business
Operations
SUBJECT: APPLICATIONS FOR STATE AND FEDERAL FUNDS
The District Superintendent or a designee shall seek State and Federal aid and/or other funds to
the greatest extent possible in financing BOCES programs, provided such funds are not to be used for
partisan political purposes such as lobbying activities, the production of publications, or the
production of any other materials intended for influencing legislation. Successful program awards
shall be reported for the Board at the next regularly scheduled Board meeting.
Compliance Supplement for Single Audit of State and
Local Governments (revised September 1990)
supplementing OMB Circular A-128
Adopted: 7/10/02
2002 4310
1 of 2
Non-Instructional/Business
Operations
SUBJECT: PURCHASING PRINCIPLES
a) It is the policy of the Cooperative Board that a purchasing system be developed and maintained
which provides safe, reliable products, materials and services which benefit the educational
program. The Cooperative Board declares its intention to purchase competitively without
prejudice and to seek maximum educational value for every dollar expended.
b) Specifications shall be developed with the involvement of staff who use the purchased goods and
services and are, therefore, in a position to effectively recommend acceptable levels of quality
required for each program. Quality levels shall provide for accomplishment of program
objectives.
c) The Cooperative Board shall appoint a Purchasing Agent for the BOCES. The District
Superintendent shall recommend candidates to the Cooperative Board for their consideration for
this appointment. The Purchasing Agent shall be responsible for the development and
supervision of the purchasing system for the BOCES.
d) The acquisition of services, equipment, and supplies is centralized in the purchasing department,
which functions under the supervision of the Purchasing Agent, and through whose office all
purchasing transactions are conducted.
e) Competitive bids or quotations shall be solicited in connection with all purchasing in accordance
with applicable State Laws and Regulations of the Commissioner of Education. Competitive
bids from other municipal and governmental agencies may also be utilized when such purchases
are in the best interest of BOCES. Purchase order contracts shall be awarded to the lowest
responsible bidder complying with specifications and with other stipulated bidding conditions.
Documented reasons for the low bids not meeting specifications shall be the sole basis for
rejection and submitted with bid tabulations and evaluation.
f) The Purchasing Agent is authorized to issue purchase orders without prior approval of the
Cooperative Board where formal bidding procedures are not required by law, and when budget
appropriations are adequate to cover such obligations. Informal quotations will be sought
whenever practical.
g) All purchase contracts for materials, supplies or equipment shall be governed by the prevailing
regulations contained in New York State General Municipal Law, Section 103. When required,
the purchasing agent (or the designated person) is authorized to open sealed bids and record the
same pursuant to law.
h) All purchase contracts which require public advertising and competitive bidding shall be
awarded by resolution of the Board. Recommendations for the award of all such contracts shall
be submitted to the Board by the Purchasing Agent.
(Continued)
2002 4310
2 of 2
Non-Instructional/Business
Operation
SUBJECT: PURCHASING PRINCIPLES (Cont'd.)
i) Residence or place of business of local bidders may be a consideration only in cases where
identical bids have been submitted.
j) Purchases shall be made through available State contracts of the Division of Standards and
Purchase, whenever such purchases are in the best interest of the BOCES.
k) Items commonly used in the various schools or units thereof shall be grouped into standard
specifications whenever consistent with educational goals and in the interest of efficiency or
economy through volume purchasing.
l) Petty Cash Funds shall be established and used in accordance with Commissioner of Education
Regulation 170.3. The Board shall annually take formal action at a regular meeting to authorize
locations in the BOCES where funds are to be established, the dollar amount(s) and to designate
the administrator(s) responsible for the funds so established.
m) The purchasing procedures employed shall comply with all applicable laws and regulations of
the State and Commissioner of Education.
n) A statement of "General Conditions", such as approved by the Cooperative Board, shall be
included with all specifications submitted to suppliers for their bids. These general conditions
shall be binding in all contracts, where applicable, which are awarded for the purchase of
materials, equipment and supplies. The conditions shall include items regarding delivery,
service and duration of bid and the penalties of non-compliance.
o) Opportunity shall be provided to all responsible suppliers to do business with the BOCES. To
this end the Purchasing Agent shall develop and maintain lists of potential bidders for the various
types of materials, equipment and supplies. Such bidder lists shall be used in the development of
a mailing list for distribution of specifications and invitations to bid. Any supplier may be
included in the list upon request.
p) The District Superintendent shall be authorized to arrange for emergency service or purchase in
the event of an occurrence which endangers the health and safety of students and staff. The
Board shall be notified when such action is taken by the District Superintendent.
q) The Purchasing Agent may require bid security on all bids in excess of $10,000, on all contracts
for service, and on all contracts which allow product delivery over a period of six months or
more.
General Municipal Law Article 5-A
Education Law Section 305(14)
8 New York Code of Rules and Regulations
(NYCRR) Section 170.2
Adopted: 7/10/02
2002 4320
Non-Instructional/Business
Operations
SUBJECT: EXPENDITURES/PERSONAL PROPERTY ACCOUNTABILITY
The Commissioner of Education has established, under Section 170.3 of the Regulations, that
each Board of Cooperative Educational Services will adopt a formal policy governing accountability
for personal property.
The Board will annually review its policy on Personal Property Accountability and make any
amendments it deems necessary. Any such amended policy will be submitted to the Commissioner of
Education for approval within 30 days of its adoption by the Board
Section 170.3 of the Regulations of the Commissioner
Sections 207 and 1950 (18) of
Education Law as amended by
Chapter 474 of the Laws of 1996
Adopted: 7/10/02
2002 4321
Non-Instructional/Business
Operations
SUBJECT: PERSONAL PROPERTY ACQUISITIONS -- DEFINITIONS
For the purposes of this policy and pursuant to subdivision 18 of Section 1950 of the Education
Law, the following definitions are provided:
a) Personal Property shall mean all tangible personal property of the Board of Cooperative
Educational Services that is not consumable and has a useful life of three years or more,
including but not limited to equipment, supplies, parts, vehicles and materials, provided
that such term shall not include buildings or other real property or equipment which is
permanently affixed to real property, or leases, notes or other written instruments.
b) Valuable Personal Property shall mean personal property which has a unit resale value of
$1,000 or more, and supplies parts or materials which are disposed of in lots having
aggregate resale value of $1,000 or more.
c) Surplus Personal Property shall mean personal property which has no known immediate or
currently foreseeable use to the Board of Cooperative Educational Services.
Sections 207 and 1950 (18) of
Education Law as amended by
Chapter 474 of the Laws of 1996
Adopted: 7/10/02
2002 4322
1 of 2
Non-Instructional/Business
Operations
SUBJECT: PERSONAL PROPERTY ACQUISITION BY PURCHASE
It is the policy of the Board that a purchasing system which will provide safe, reliable products,
materials, and services which benefit the educational program be developed and maintained. The
Board declares its intention to purchase competitively without prejudice and to seek maximum
educational value for every dollar expended. Specifications will be developed with the involvement of
staff who use the purchased goods and services and are, therefore, in a position to effectively
recommend acceptable levels of quality required for each program. Quality levels will provide for
accomplishment of program objectives.
Whenever the law does not require a BOCES to provide goods and services by competitive
bidding, the goods and services must be procured in a manner so as to assure the prudent and
economical use of public monies in the best interest of the taxpayers.
The District Superintendent will be authorized to arrange for emergency service or purchase in
the event of an occurrence which endangers the health and safety of students and staff.
The purchasing procedures employed shall comply with all applicable laws and regulations of
the State, Federal and of the Commissioner of Education.
To further these objectives, internal policies and procedures (Supervisor's Procedure Manual)
governing all procurements of goods and services which are not required to be made pursuant to the
competitive bidding requirements of #103 of the General Municipal Law shall be established.
Items or services are to be ordered only with the approval of the Assistant Superintendent for
Administrative Services. The Assistant Superintendent for Administrative Services will be the only
person authorized to enter into contracts for services, goods, equipment or supplies.
Elements of administrative regulations will:
a) Assure the prudent and economical use of public monies.
b) Facilitate the acquisition of goods and services of maximum quality at the lowest possible
cost.
c) Guard against favoritism, improvidence, extravagance, fraud and corruption.
d) Prescribe a process for determining whether a procurement of goods and services is subject
to competitive bidding.
(Continued)
2002 4322
2 of 2
Non-Instructional/Business
Operations
SUBJECT: PERSONAL PROPERTY ACQUISITION BY PURCHASE (Cont'd.)
e) With certain exceptions (purchases pursuant to General Municipal Law, Section 186, State
Finance Law, Section 175-b or those circumstances or types of procurements set forth
below)
f) Provide that alternative proposals or quotations, verbal quotations or any other method of
procurement which furthers the purposes or Section 104-b of General Municipal Law.
g) Set forth when each method of procurement will be utilized.
h) Require adequate documentation of actions taken with each method of procurement.
i) Require justification and documentation of any contracts awarded to other than the lowest
responsible dollar offer, stating the reasons.
j) Set forth any circumstances where, or the types of procurements for which, the solicitation
of alternative proposals or quotations will not be in the best interest of the Board of
Cooperative Educational Services.
General Municipal Law #103
General Municipal Law Section 186
State Finance Law Section 175-b
Sections 207 and 1950 (18) of
Education Law as amended by
Chapter 474 of the Laws of 1996
Adopted: 7/10/02
2002 4323
Non-Instructional/Business
Operations
SUBJECT: PERSONAL PROPERTY ACQUISITION BY GIFT
The policy is concerned with the acquisition of surplus property and property donated to the
Board of Cooperative Educational Services by bequest or devise in a will or in a trust instrument.
Only the Assistant Superintendent for Administrative Services may process donated personal
property.
Notification of the receipt of personal property donations should immediately be sent to the
Assistant Superintendent for Administrative Services. This notification should include a detailed
description of the item(s) received. All donations will be acknowledged in writing by the Assistant
Superintendent for Administrative Services or his/her designee.
The Assistant Superintendent for Administrative Services will prepare the necessary Cooperative
Board resolutions to accept donated items.
Gifts to the Oneida-Herkimer-Madison BOCES are appreciated. Gifts of a value of $5,000 or
more would be recognized by a letter from the Board President and a memento with the BOCES logo
on it, as approved by Board resolution. Gifts of a value of less than $5,000 would be recognized by a
letter from the District Superintendent.
The Assistant Superintendent for Administrative Services will determine the value of donated
personal property.
When a donated personal property item is valued at $1,000 or more, the Assistant Superintendent
for Administrative Services will add the item to the perpetual inventory maintained by the Board of
Cooperative Educational Services.
Section 1950 (12) (4v) of Education Law
Sections 207 and 1950 (18) of
Education Law as amended by
Chapter 474 of the Laws of 1996
Adopted: 7/10/02
2002 4410
Non-Instructional/Business
Operations
SUBJECT: APPROVAL OF EXPENDITURES
Funds expended for all budgeted school functions shall be subject to approval by the Internal
Auditor or by designated administrative personnel.
Adopted: 7/10/02
2002 4421
Non-Instructional/Business
Operations
SUBJECT: PERSONAL PROPERTY DISPOSITION
When personal property owned by the BOCES becomes worn out, obsolete, surplus or otherwise
unusable by the BOCES, the District Superintendent or his/her designee may authorize the disposal of
such property in a manner that is to the best advantage of BOCES, provided the unit value of the item
is not more than $1,000 nor the total value of all the items of similar nature more than $1,000.
Items with a value in excess of $1,000 will be disposed of at the discretion of the Cooperative
Board and in accordance with established policy and procedures. This personal property must be sold
by bid. Property which is determined not to be marketable because it is damaged or in poor condition
or is obsolete and has proven not to be marketable after at least one prior attempt at competitive
bidding or has little or no value will be exempt from the bidding procedure. Such property may be
disposed of in one of the following ways:
a) Offered for sale through first-come basis at a fixed cost.
b) Used as a trade-in on new property.
c) Sold through a negotiated sale; purchaser may not be an officer or employee of the
BOCES.
d) Sold as scrap to local dealers.
e) Taken to a landfill or approved disposal site.
No BOCES employee shall dispose or cause to be disposed of any property belonging to BOCES
through any procedure other than that authorized herein. The Assistant Superintendent for
Administrative Services shall oversee the procedure for disposal of all BOCES personal property.
The proceeds from the sale of personal property may be designated for specific programs or
identified as a miscellaneous revenue source when placed in the general fund.
Sections 207 and 1950 (18) of
Education Law as amended by
Chapter 474 of the Laws of 1996
Adopted: 7/10/02
2002 4422
Non-Instructional/Business
Operations
SUBJECT: ACCOUNTABILITY FOR PERSONAL PROPERTY -- BOCES OWNED
SUPPLIES, EQUIPMENT AND TOOLS -- MISCELLANEOUS PROVISIONS
Personal property, supplies, equipment and tools may not be borrowed or used for personal
projects or private gain.
Any employee who shall willfully violate any of the provisions of this policy will be disciplined
by the BOCES Board in accordance with any applicable law, rule or regulation.
The District Superintendent shall be responsible for the enforcement of this policy and shall
designate other administrative staff who are authorized to take action in accordance with such policy
when appropriate.
Copies of this policy will be distributed to and reviewed with all BOCES staff.
Sections 207 and 1950 (18) of
Education Law as amended by
Chapter 474 of the Laws of 1996
Adopted: 7/10/02
2002 4423
Non-Instructional/Business
Operations
SUBJECT: INVENTORY OF ALL PERSONAL PROPERTY
The policy of the Board is to provide for responsible control over equipment acquired from
public or private sources on a perpetual and ongoing basis.
Administrative control will be maintained through the development of a central property records
system which will include centrally maintained records in sufficient detail to fully describe the item of
equipment, location, and value.
The personal property inventory (personal property as defined in Policy #4321 -- Personal
Property Disposition) will be maintained by a professional appraisal firm.
Responsibility for each item of equipment is assigned to the administrator in charge of the
location of the equipment. Transfers of equipment within a location or between locations must be
reported on forms to be provided.
The system will provide for the perpetual updating of the central property records at the central
administrative level as new equipment is acquired. Once each fiscal year a summary report of the
central property records will be prepared for each location, and the administrator responsible for the
location involved will attest on a form provided that the records are accurate.
Sections 207 and 1950 (18) of
Education Law as amended by
Chapter 474 of the Laws of 1996
Adopted: 7/10/02
2002 4430
Non-Instructional/Business
Operations
SUBJECT: ACCOUNTABILITY FOR BOCES FUNDS
Accountability for BOCES funds is necessary for the following reasons:
a) To insure that funds are not susceptible to loss, theft, waste, or misuse;
b) To provide necessary data for state reports;
c) To show compliance with legal mandates;
d) To provide information that is necessary in policy formulation;
e) To provide information necessary to the public and the school;
f) To promote budgetary control.
Federal And State Funds
The BOCES shall account for each project separately, and shall expend such funds only as
authorized by the approved project application.
Trust And Agency Funds
The BOCES Trust and Agency Account shall account for all moneys collected from employees
for taxes and miscellaneous withholdings and BOCES share of taxes.
Unemployment Insurance will be accounted for in the General Fund.
Education Law Section 2116(a)
Adopted: 7/10/02
2002 4431
Non-Instructional/Business
Operations
SUBJECT: EXTRACURRICULAR ACTIVITY FUNDS
The Oneida Board of Cooperative Educational Services recognizes the value of student
extracurricular activity programs and is aware of the experience to be gained by student participants in
such organizations.
Extracurricular activity funds shall be designated as those raised other than by charges of the
Board for, by, or in the name of the student body, or any sub-division thereof.
Student funds shall be deemed to include, but not be limited to, money collected from students
for the purchase of supplies and materials, fees for organizations and social events. Such funds shall
be handled in accordance with procedures set by the State Education Department of Audit and Control
and the regulations set forth by the Board of Cooperative Educational Services. In all cases which
involve the student funds, an employee of the Board of Cooperative Educational Services must be
assigned the ultimate responsibility for control of the funds and must use appropriate accounting
procedures for the safeguarding of the funds against loss, misuse or misapplication.
If an extracurricular activity is discontinued and has remaining funds, those funds shall be
transferred to the General Fund.
Activities of students carried on in part or in full as part of a course curriculum during regular
classroom hours are considered a BOCES activity and do not constitute a student activity. Revenues
generated as a result of these activities are to be BOCES property and are to be given promptly to the
BOCES Treasurer for depositing to the General Fund.
8 New York Code of Rules and Regulations
(NYCRR) Part 172
Adopted: 7/10/02
2002 4440
Non-Instructional/Business
Operations
SUBJECT: CASH IN SCHOOL BUILDINGS AND PETTY CASH FUNDS
Cash in School Buildings
Division Directors and building administrators will establish procedures, in cooperation with the
Business Office to safeguard all cash received in the buildings. Building administrators are to make
arrangements which shall minimize the amount of cash retained in the buildings. It shall be his/her
responsibility to make sure that any small sums of money retained in a building are securely locked in
a fire-retardant safe area.
Petty Cash Funds
The Board hereby authorizes the establishment of petty cash funds not to exceed $100.00.
The funds are to be used for the payment of properly itemized bills for materials, supplies or
services under conditions calling for immediate payment.
Petty cash custodians are to be designated by the District Superintendent.
Education Law Section 1709(29)
8 New York Code of Rules and Regulations
(NYCRR) Section 170.4
Adopted: 7/10/02
2002 4450
Non-Instructional/Business
Operations
SUBJECT: SPECIAL PROJECTS CONTRACTS
Special Projects Contracts are agreements between the Oneida BOCES and persons who can
provide services of a specialized, unique or immediate nature which may not otherwise be provided by
regular staff.
Special Projects Contracts shall be used to facilitate the delivery of services to divisions within
BOCES and agencies served by BOCES in cases where temporary assistance is needed.
All Special Projects Contracts must receive approval by the District Superintendent or his/her
designee before they are initiated. Expenses connected with the service must be included in the total
sum to be specified in the contract.
Types of services must be classified in the following Temporary Support Service categories:
a) Consulting - Provides advice, guidance, planning assistance, etc.;
b) In-Service Workshop - Provides instructional services at workshops or courses provided by
Oneida BOCES;
c) Curriculum Development - Provides assistance in providing new curriculum programs and
materials;
d) Other*.
*In the case of a need to obtain other temporary services which do not fall in the above
categories, a rationale shall be presented along with the Special Projects Contract form indicating
why it is appropriate to temporarily obtain the service.
Adopted: 7/10/02
2002 4460
Non-Instructional/Business
Operations
SUBJECT: SALE OF SUPPLIES AND MATERIALS
Customers
School districts, government agencies, BOCES departments and the general public are
encouraged to subscribe to the services provided through the Career and Technical Education Program
and the Adult and Continuing Education Program where it is to the benefit of the student to gain actual
experiences. In these cases, supplies and materials may be purchased to complete the task. When such
purchases occur, the cost of the purchase will be identified with the project or service performed and
charged to individual customers. Individuals are prohibited from using BOCES credit or accounts to
purchase supplies and materials other than for BOCES projects. No service will be performed by
BOCES for personal gain, for the purpose of competing with private industry or for the purpose of
making a profit.
An accurate and timely method of collecting such revenues will be established in accordance with
accepted accounting practices and in accordance with statute and Commissioner's Regulations.
Students
The District Superintendent may permit the sale of supplies and materials to students at cost. Sale
of supplies and materials shall be permitted only in cases where the supplies and materials are
essential to the instructional program and/or unique to a specific student.
Purchasing - Restrictions For Individuals
Except as permitted by law or regulations, employees of BOCES and other individuals shall be
prohibited from purchasing any equipment, materials, or supplies under the name of BOCES that are
to be used for personal purposes.
Adopted: 7/10/02
2003 4470
1 of 2
Non-Instructional/Business
Operations
SUBJECT: ACCOUNTING OF FIXED ASSETS
The Assistant Superintendent for Administrative Services shall be responsible for accounting for
general fixed assets according to the procedures outlined by the Uniform System of Accounts for
School Districts and GASB Statement 34 Regulations.
These accounts will serve to:
a) Maintain a physical inventory of assets;
b) Establish accountability;
c) Determine replacement costs; and
d) Provide appropriate insurance coverage.
Fixed assets with a minimum value established by the BOCES that have a useful life of one (1)
year or more and physical characteristics not appreciably affected by use or consumption shall be
inventoried and recorded on an annual basis. Fixed assets shall include land, buildings, equipment and
materials.
The BOCES shall establish a dollar threshold as a basis for considering which fixed assets are to
be depreciated. Such threshold shall ensure that at least 80 percent of the value of all assets is
reported. However, it is recommended that such threshold shall not be greater than $5,000. A
standardized depreciation method and averaging convention shall also be established for depreciation
calculations.
Fixed assets acquired having a value equal to or greater than the established threshold are
considered depreciable assets and shall be inventoried for the purposes of GASB 34 accounting
practices and placed on a depreciation schedule according to its asset class and estimated useful life as
stipulated by the New York State Comptroller’s Office or the IRS.
Assets shall be recorded at initial cost or, if not available, at estimated initial cost; gifts of fixed
assets shall be recorded at estimated fair value at the time of the gift. A property record will be
maintained for each asset and will contain, where possible, the following information:
a) Date of acquisition;
b) Description;
2003 4470
2 of 2
Non-Instructional/Business
Operations
SUBJECT: ACCOUNTING OF FIXED ASSETS (Cont’d.)
c) Cost or value;
d) Location;
e) Asset type;
f) Estimated useful life;
g) Replacement cost;
h) Current value;
i) Salvage value;
j) Date and method of disposition;
k) Responsible official.
The Assistant Superintendent for Administrative Services shall arrange for the annual inventory
and appraisal of BOCES property, equipment and material. Any discrepancies between an inventory
and BOCES property records on file should be traced and explained.
Adopted 3/12/03
2002 4510
Non-Instructional/Business
Operations
SUBJECT: FACILITIES PLANNING
The Cooperative Board is responsible for maintaining a quality education at a reasonable cost.
For this reason, the Board shall concern itself with both short-range and long-range planning as it
relates to the properties of the BOCES. The Board shall rely on a comprehensive long-range facilities
plan developed by the District Superintendent in accordance with the Commissioner's Regulations to
serve as a guide for capital improvements.
Such plan shall be re-evaluated and made current at least annually, and shall include appraisal of
the following:
a) The educational mission and long range plan of the BOCES, with resulting administrative
organization and program requirements;
b) Present and projected pupil enrollments;
c) Space use and State-rated pupil capacity of existing facilities;
d) Priority of need for maintenance, repair or modernization of existing facilities, including
consideration of the obsolescence and retirement of certain facilities; and
e) The provision of additional facilities.
The Board's building/leasing program shall be designed to provide the highest quality education
possible. The building/leasing program shall be based upon specific Board policies which have been
and will continue to be modified to conform to changes in the curriculum, availability of funds,
changes in student population to be served and changes in enrollments. The Board also feels that,
whenever possible, parents/legal guardians and other school district representatives, as well as
principals, teachers, and central office staff members should be involved in the planning process.
8 New York Code of Rules and Regulation
(NYCRR) Section 155.1
Education Law Section 1950
Adopted: 7/10/02
2002 4511
1 of 3
Non-Instructional/Business
Operations
SUBJECT: FACILITIES: INSPECTION, OPERATION AND MAINTENANCE
Operation and Maintenance
The District Superintendent is charged with the responsibility for administering plant operations
in the most efficient and economical manner possible, while placing high priority on health and safety
of students and staff and conservation of natural resources.
The Board of Cooperative Educational Services has the responsibility to provide equipment,
supplies and contractual services of high quality.
The Board, through the District Superintendent and his/her staff, has the responsibility of
protecting the BOCES investment in plant and facilities through a systematic maintenance program.
It is expected that the program shall include periodic preventive maintenance activities, long-
range maintenance schedules and emergency repair procedures. It is further expected that all
maintenance work will be carried out in a manner that will cause the least interference with the
educational program.
Inspections
The administration of BOCES shall cooperate with officials conducting health, fire, asbestos, bus,
and boiler inspections. The administration shall keep the Board informed of the results of such
inspections in a timely fashion.
Comprehensive Public School Building Safety Program (Rescue)
To ensure that all school facilities are properly maintained and preserved and provide suitable
educational settings the Cooperative Board requires that all occupied school facilities which are
owned, operated or leased by the BOCES comply with the provisions of the Comprehensive Public
School Safety Program and the Uniform Code of Public School Building Inspections, Safety Rating
and Monitoring as prescribed in Commissioner's Regulations. For this reason, Oneida BOCES shall
develop a Comprehensive Public School Building Safety Program in accordance with Commissioner's
Regulations.
The program shall be reevaluated and made current at least annually, and shall include the
following:
a) A five (5) year capital facilities plan which will include a priority listing of current and
proposed construction and renovation projects and major repairs and replacement of
building systems and their costs.
(Continued)
2002 4511
2 of 3
Non-Instructional/Business
Operations
SUBJECT: FACILITIES: INSPECTION, OPERATION AND MAINTENANCE (Cont'd.)
b) A District-wide building inventory, which will include information pertaining to each
building including, but not limited to:
1. Type of building, age of building, size of building;
2. Rated capacity, current enrollment;
3. List of energy sources and major systems (lighting, plumbing, electrical, heating);
and
4. Summary of triennial Asbestos Inspection reports.
c) An annual visual inspection of each occupied building and assignment of a safety rating
score. The inspection committee must include a state certified code enforcement official,
the BOCES facility director or designee, and a member of the BOCES Health and Safety
Committee.
d) A building condition survey shall be conducted for all occupied school buildings once
every five (5) years by a team that includes at least one (1) licensed architect or engineer.
e) A District-wide monitoring system which includes:
1. Establishing a Health and Safety Committee;
2. Development of detailed plans and a review process of all inspections;
3. Procedures for a response in writing to all inquiries about building health and safety
concerns, a copy of which will be sent to the BOCES Health and Safety Committee
for oversight, and a copy kept on permanent file.
f) Procedures to ensure the safety of the building occupants while a construction/renovation
project is taking place. These procedures will include:
1. Notification to parents, staff and the community at least two (2) months in advance of
a construction project of $10,000 or more to be conducted in a school building while
the building is occupied; provided, however, that in the case of emergency
construction projects, such notice shall be provided as far in advance of the start of
construction as is practicable;
(Continued)
2002 4511
3 of 3
Non-Instructional/Business
Operations
SUBJECT: FACILITIES: INSPECTION, OPERATION AND MAINTENANCE (Cont'd.)
2. A plan to ensure that all contractors comply with all health and safety issues and
regulations, and wear photo ID badges;
3. An opportunity for the BOCES Health and Safety Committee to conduct a walk-
through inspection of newly renovated or constructed areas to confirm that the area is
ready to be reopened for use; and
4. An emergency plan which will address potential concerns with the capital project
including, but not limited to, evacuation procedures, fire drills, and structural failures.
School Facility Report Cards
Commencing January 2, 2001 and each year thereafter, the Oneida BOCES shall prepare a
School Facility Report for each occupied school building.
The School Facility Report Card for each building shall be reviewed annually by the Cooperative
Board. The Board shall report in a public meeting on the status of each item set forth in
Commissioner's Regulations for each facility located in the BOCES.
Education Law Sections 409-d, 409-e, 3602, and
3641(4)
8 New York Code of Rules and Regulations
(NYCRR) Sections 155.1, 155.3, 155.4, and 155.6
Adopted: 7/10/02
2002 4512
Non-Instructional/Business
Operations
SUBJECT: EVALUATING EXISTING BUILDINGS
All facilities will be evaluated annually to ensure that school buildings not only meet safety and
building code requirements but also operate in such a manner as to achieve the desired educational
programming and outcomes.
The District Superintendent or his/her designee will solicit input from building principals
regarding facility changes and remodeling plans. Building principals, in turn, will seek staff input as
they develop their recommendations. The District Superintendent shall present to the Cooperative
Board, on an annual basis, an updated school facilities priority list reflecting major rehabilitation and
remodeling requests.
Education Law Section 408, 409 and 1950
8 New York Code of Rules and Regulations
(NYCRR) Section 155.1
Adopted: 7/10/02
2002 4513
Non-Instructional/Business
Operations
SUBJECT: SITE ACQUISITION
The District Superintendent, working with administrative staff and such other outside consultants
as he/she may deem necessary, shall continuously monitor the availability of potential school sites. In
determining the suitability of a site, reasonable consideration will be given to its educational
adaptability, the environment, accessibility, and the initial and ultimate development costs.
Sites for the erection or enlargement of an educational facility shall comply with the
requirements of, and be approved by the Commissioner, pursuant to Section 408(3) of the Education
Law, and Article 1950 of the Education Law.
The Board will involve the BOCES attorney in all stages leading to the acquisition of a school
site.
8 New York Code of Rules and Regulations
(NYCRR) Section 155
Education Law Sections 401, 402, 408, 416, 1709(6),
1910, 1915 and 1950
Adopted: 7/10/02
2002 4514
Non-Instructional/Business
Operations
SUBJECT: CLOSING OF FACILITIES
The Cooperative Board may find it necessary to consider closure and/or change of use of any
school facility. At such time, the Board will seek professional advice and provide opportunities for
staff and component district involvement.
The Cooperative Board shall appoint an advisory committee consisting of Board members,
administrative staff, component district representatives, an architect(s) and/or other professionals
qualified to evaluate facilities. The committee will provide an analysis as to the effect of the proposed
school closure and will receive component district comment on any issues relating to such closure.
The committee's summary shall be provided to the Cooperative Board and available for review
prior to the presentation of such report at a regular Board meeting.
After all essential information has been obtained and evaluated by the Board, the Board will
retain the final decision regarding the school closure.
Education Law Sections 1709 and 1805
Adopted: 7/10/02
2002 4520
Non-Instructional/Business
Operations
SUBJECT: OWNED OR LEASED VEHICLES
Oneida BOCES owned or leased vehicles may be made available for official travel by BOCES
personnel upon approval of the District Superintendent or designee.
Alternatively, the District Superintendent or designee may approve reimbursement for travel for
professional purposes in a private vehicle at a rate approved by the BOCES or through negotiated
contract.
In no case is a BOCES owned vehicle to be approved for personal use unless authorized by the
Board of Cooperative Educational Services.
The Board will be kept apprised yearly of the inventory and status of BOCES owned and/or
leased vehicles.
Maintenance of a Vehicle Inventory
The Assistant Superintendent for Administrative Services will keep an inventory of all BOCES
owned vehicles for the purpose of making recommendations regarding the maintenance of vehicles
and replacement by sale or disposal.
Adopted: 7/10/02
2002 4530
Non-Instructional/Business
Operations
SUBJECT: SAFETY/SECURITY
The Board of Cooperative Educational Services hereby declares that it is the policy of this
BOCES to provide a safe and secure environment to all those persons, students, staff and visitors, who
lawfully enter upon BOCES property.
It shall be the responsibility of the District Superintendent to establish and carry out written
regulations which will:
a) Identify those staff members who will be responsible for the effective administration of the
regulations, required safety drills and inspections;
b) Provide staff time and other necessary resources for the effective administration of the
regulations;
c) Establish periodic (at least annually) written review of the activities of the staff to insure
compliance with applicable laws and regulations;
d) Provide an on-going mechanism for the effective review of safety and security concerns of
the staff, students and affected public;
e) Provide for periodic reports to the Board (at least annually) regarding the significant aspects
of safety and security of the Oneida BOCES.
Labor Law Section 27-a
Adopted: 7/10/02
2002 4531
Non-Instructional/Business
Operations
SUBJECT: HAZARD COMMUNICATION STANDARD
The Board of Cooperative Educational Services recognizes the rights of all personnel to work in a
healthy and safe environment which is as free as practicable from recognized hazards and risks to their
safety. Therefore, all personnel shall be provided with applicable training to comply with the New
York State "Right-to-Know" Law and the Hazard Communication Standard. The District
Superintendent/designee shall maintain a current record of the social security numbers of every
employee who handles toxic substances.
Rules and regulations will be developed to insure implementation of this policy which shall
include awareness information, employee training and record keeping.
New York State Labor Law
12 New York Code of Rules and Regulations
(NYCRR) Part 820 Article 28
Occupational Safety and Health Administration (OSHA)
29 Code of Federal Regulations (C.F.R.) 1910.1200
Adopted: 7/10/02
2002 4532
Non-Instructional/Business
Operations
SUBJECT: EMERGENCY MANAGEMENT PLAN
To be prepared for an emergency or crisis in the BOCES and to insure a prompt, thoughtful
response, the District Superintendent will prepare guidelines for the development of an Emergency
Management Plan. The plan shall make provision for:
a) Shelter,
b) Evacuation,
c) Early dismissal,
d) Annual written notification to students and staff,
e) An annual drill, and
f) Coordination with local emergency preparedness coordinators.
An Emergency Planning Committee may be established to supervise the plan, and an Emergency
Management Plan Coordinator may be appointed with responsibility for overall coordination and
decision-making should an emergency occur.
The Board may create and sustain a control center in anticipation of an emergency. Further, a
survey shall indicate the location of potential emergency sites on BOCES property as well as within
the community itself.
8 New York Code of Rules and Regulations
(NYCRR) Section 155.13
Adopted: 7/10/02
2002 4540
Non-Instructional/Business
Operations
SUBJECT: SMOKING/TOBACCO USE
School Grounds
Tobacco use shall not be permitted and no person shall use tobacco on school grounds. For
purposes of this policy, "school grounds" means any building, structure, and surrounding outdoor
grounds contained within Oneida BOCES legally defined property boundaries as registered in the
County Clerk's Office.
With the exception of the prohibition on smoking in indoor facilities as noted below, smoking by
adult faculty and staff members may be permitted in a designated smoking area during non-school
hours. For purposes of this policy, "school hours" shall include any student activity that is supervised
by faculty or staff, or any officially sanctioned school event.
Indoor Facilities
The BOCES shall not permit smoking at any time within any indoor facility owned or leased or
contracted for and utilized by Oneida BOCES for provision of early childhood, day-care, elementary,
middle or secondary education services to children. The BOCES also prohibits smoking in indoor
facilities in which administrative services are provided.
The term "indoor facility", for purposes of this policy, means a building that is enclosed.
Other Areas or Facilities
In those other areas or facilities not governed by the smoking prohibition as authorized by the
federal Pro-Children Act of 1994, the BOCES shall adhere to the New York State Clean Indoor Air
Act (Public Health Law Article 13-E) as newly revised by the Pro-Child Act of 1994.
Posting/Notification of Policy
In compliance with the New York State Clean Indoor Air Act, Oneida BOCES will prominently
post its Smoking/Tobacco Use policy in all buildings and supply a copy upon request to any current or
prospective employee. Oneida BOCES will also designate a school official to tell individuals who
smoke in a non-smoking area that they are in violation of Article 13-E of the state Public Health Law
and the federal Pro-Children Act of 1994.
Goals 2000: Educate America Act,
(Pro-Children Act of 1994)
Public Health Law Article 13-E
Education Law Sections 409 and 3020-a
Adopted: 7/10/02
2002 4550
Non-Instructional/Business
Operations
SUBJECT: EXPOSURE CONTROL PROGRAM
The BOCES shall establish an exposure control program designed to prevent and control
exposure to bloodborne pathogens. According to the New York State Department of Labor's Division
of Safety and Health and OSHA standards, the program shall consist of:
a) Guidelines for maintaining a safe, healthy school environment to be followed by staff and
students alike.
b) Written standard operating procedures for blood/body fluid clean-up.
c) Appropriate staff education/training.
d) Evaluation of training objectives.
e) Documentation of training and any incident of exposure to blood/body fluids.
f) A program of medical management to prevent or reduce the risk of pathogens, specifically
hepatitis B and HIV.
g) Written procedures for the disposal of medical waste.
h) Provision of protective materials and equipment for all employees who perform job-related
tasks involving exposure or potential exposure to blood, body fluids or tissues.
Occupational Safety and Health Administration (OSHA)
29 Code of Federal Regulations (C.F.R.) 1910.1030
Adopted: 7/10/02
2002 4560
1 of 2
Non-Instructional/Business
Operations
SUBJECT: RECORDS MANAGEMENT
There shall be a records management program established at Oneida BOCES under the
jurisdiction of the Assistant Superintendent for Administrative Services. The Records Management
Officer shall be appointed by the Cooperative Board upon the recommendation of the District
Superintendent. The Records Management Officer will be responsible for administering the inactive
and archival public records and the various storage areas for the BOCES in accordance with state and
federal laws and guidelines.
The Records Management Officer shall have all the necessary powers to carry out the efficient
administration, determination of value, use, preservation, storage and disposition of the inactive public
records kept, filed or received by the offices and departments of the BOCES.
a) The Records Management Officer shall continually survey and examine records to
recommend their classification so as to determine the most suitable methods to be used for
the maintaining, storing and servicing of:
1. Obsolete and unnecessary records according to schedule ED-1 and its amendments.
2. Records containing legal, fiscal, historical or educational value which warrant their
permanent retention; or
3. Records not subject to disposition according to State Law.
b) Establish guidelines for proper records management in all of BOCES various departments
and offices.
c) The Records Management Officer shall report annually to the District Superintendent and
Records Advisory Board as to the years activities.
d) The Records Management Officer shall oversee the storage, disposition, processing and
destruction of all inactive and archival records for Oneida BOCES.
There shall be a Records Management Advisory Board appointed to work closely with and
provide advice to the Records Management Officer. This Board shall be comprised of the Records
Management Officer and the Records Management Officers of the twelve school districts which are
serviced by Oneida BOCES. Additional members may be appointed on an as-needed basis. The
Records Advisory Board will meet periodically and have the duties:
a) Provide advice to the Records Management Officer on development of an ongoing,
permanent records management program;
(Continued)
2002 4560
2 of 2
Non-Instructional/Business
Operations
SUBJECT: RECORDS MANAGEMENT (Cont'd.)
b) Review retention periods for records not covered by State Archives schedules;
c) Review the performance of the program on an ongoing basis and propose changes and
improvements;
d) Constantly seek to improve the storage, safety and condition of historic/archival records.
The Records Management Officer shall maintain physical custody and official responsibility of
all records in his or her possession. Department heads shall retain constructive control and authority
over all department records.
No records shall be destroyed or otherwise disposed of by an office or department of BOCES
unless approval has been obtained from the Records Management Officer or his/her appointee. No
records shall be destroyed or otherwise disposed of by the Records Management Officer or his/her
appointee without the written consent of the department head having authority.
8 New York Code of Rules and Regulations
(NYCRR) Section 185
Public Officers Law Section 65-b
Local Government Records Act of 1987
NOTE: Refer also to Policy #1318 -- Records Officers.
Adopted: 7/10/02
2002 4610
1 of 3
Non-Instructional/Business
Operations
SUBJECT: DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS AND
OTHER SAFETY-SENSITIVE EMPLOYEES
In accordance with federal regulations, employees in safety-sensitive positions as defined in
regulations, including school bus drivers who are required to have and use a commercial driver's
license (CDL), are now subject to random testing for alcohol, marijuana, cocaine, amphetamines,
opiates (including heroin), and phencyclidine (PCP). The BOCES shall adhere to federal law and
regulations requiring the implementation of a drug and alcohol testing program for such employees in
safety-sensitive positions.
The BOCES shall either establish and manage its own program, by contract, or through a
consortium for the provision of alcohol and drug testing of employees in safety-sensitive positions.
Safety-sensitive employees (SSE), including school bus drivers who drive a vehicle which is designed
to transport 16 or more passengers (including the driver), shall be subject to this requirement.
Federal regulations require that the BOCES test school bus drivers and other SSE's for alcohol
and drugs at the following times:
a) Drug testing will be conducted after an offer to hire, but before actually performing safety-
sensitive functions for the first time. Such pre-employment testing will also be required
when employees transfer to a safety-sensitive position.
b) Safety-sensitive employees are also subject to a random drug and/or alcohol test on an
unannounced basis just before, during or just after performance of safety-sensitive
functions.
c) In addition, testing will be ordered if a trained supervisor has a "reasonable suspicion" that
an employee has engaged in prohibited use of drugs and/or alcohol.
d) There will also be post accident testing conducted after accidents on employees whose
performance could have contributed to the accidents.
e) Finally, return-to-duty and follow-up testing will be conducted when an individual who has
violated the prohibited alcohol and/or drug conduct standards returns to performing safety-
sensitive duties. Follow-up tests are unannounced and at least 6 tests must be conducted in
the first 12 months after an employee returns to duty. Follow-up testing may be extended
for up to 60 months following return-to-duty.
All employee drug and alcohol testing will be kept confidential and shall only be revealed
without the driver's consent to the employer, a substance abuse professional, drug testing laboratory,
medical review officer and any other individual designated by law.
(Continued)
2002 4610
2 of 3
Non-Instructional/Business
Operations
SUBJECT: DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS AND
OTHER SAFETY-SENSITIVE EMPLOYEES (Cont'd.)
The following alcohol and controlled substance-related activities are prohibited by the Federal
Highway Administration's drug use and alcohol misuse rules for drivers of commercial motor vehicles
and other SSE's:
a) Reporting for duty or remaining on duty to perform safety-sensitive functions while having
an alcohol concentration of 0.04 or greater.
b) Being on duty or operating a commercial motor vehicle (CMV) while the driver possesses
alcohol, unless the alcohol is manifested and transported as part of a shipment. This
includes the possession of medicines containing alcohol (prescription or over-the-counter),
unless the packaging seal is unbroken.
c) Using alcohol while performing safety-sensitive functions.
d) Using alcohol 4 hours or less before duty.
e) When required to take a post-accident alcohol test, using alcohol within eight hours
following the accident or prior to undergoing a post-accident alcohol test, whichever comes
first.
f) Refusing to submit to an alcohol or controlled substance test required by post-accident,
random, reasonable suspicion or follow-up testing requirements.
g) Reporting for duty or remaining on duty, requiring the performance of safety-sensitive
functions, when the SSE uses any controlled substance. This prohibition does not apply
when instructed by a physician who has advised the SSE that the substance does not
adversely affect the SSE's ability to safely operate a CMV.
h) Reporting for duty, remaining on duty or performing a safety-sensitive function, if the SSE
tests positive for controlled substances.
Drivers and other SSE's who are known to have engaged in prohibited behavior with regard to
alcohol misuse or use of controlled substances are subject to disciplinary action and penalties pursuant
to BOCES policy and collective bargaining agreements, as well as the sanctions provided for in
federal law. SSE's who have engaged in such prohibited behavior shall not be allowed to perform
safety-sensitive functions until they are:
a) Evaluated by a substance abuse professional (SAP).
(Continued)
2002 4610
3 of 3
Non-Instructional/Business
Operations
SUBJECT: DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS AND
OTHER SAFETY-SENSITIVE EMPLOYEES (Cont'd.)
b) Complete any requirements for rehabilitation as set by the BOCES and the SAP.
c) Pass a return-to-duty test with the result below 0.02 if the conduct involved alcohol, or a
controlled substance test with a verified negative result if the conduct involved controlled
substance use.
d) The SSE shall also be subject to unannounced follow-up alcohol and controlled substance
testing. The number and frequency of such follow-up testing shall be as directed by the
SAP, and consist of at least 6 tests in the first 12 months.
The District Superintendent shall ensure that each SSE receives a copy of BOCES policy,
educational materials that explain the requirements of the alcohol and drug testing regulations, and any
regulations and/or procedures developed by the BOCES with respect to meeting those requirements.
The District Superintendent or his/her designee shall ensure that a copy of these materials is
distributed to each SSE, who shall sign for receipt of all of the above documents, as well as other
appropriate personnel, prior to the start of alcohol and controlled substance testing as well as at the
beginning of each school year or at the time of hire for any safety-sensitive employees.
Representatives of applicable collective bargaining units shall be notified of the availability of this
information.
The District Superintendent or his/her designee shall arrange for training of all supervisors who
may be utilized to determine whether "reasonable suspicion" exists to test a driver for prohibited
conduct involving alcohol or controlled substance use/abuse.
Any violation of this policy, administration regulations and/or procedures, and applicable federal
and state laws by a covered employee shall be grounds for disciplinary action including, but not
limited to, fines, suspension, and/or discharge in a manner consistent with Oneida BOCES policy,
collective bargaining agreements and applicable law.
Regulations shall be established as necessary to implement this policy.
Omnibus Transportation Employee Testing Act
of 1991 (P.L. 102-143)
49 United States Code (U.S.C.) Section 521(b)
49 Code of Federal Regulations (C.F.R.)
Parts 40, 382, 391, 392 and 395
Adopted: 7/10/02
2003 5000
Personnel
Oneida BOCES NUMBER
PERSONNEL
(Section 5000)
INSTRUCTIONAL AND NON-INSTRUCTIONAL PERSONNEL
1.1 Code of Ethics for All BOCES Personnel ..............................................................5110
1.2 Equal Employment Opportunity.............................................................................5120
1.2.1 Sexual Harassment (Personnel) ..................................................................5121
1.3 Performance Review...............................................................................................5130
1.4 Health Examinations...............................................................................................5140
1.4.1 Human Immunodeficiency Virus (HIV) Related Illnesses.........................5141
1.5 Recruitment, Selection and Appointment of Personnel..........................................5150
1.5.1 Temporary and Part Time Employees ........................................................5151
1.5.2 Job Descriptions..........................................................................................5152
1.5.3 Incidental Teaching.....................................................................................5153
1.5.4 Summer Employment .................................................................................5154
1.5.5 Teacher Tenure Areas.................................................................................5155
1.5.6 Management/Specialist Tenure Areas ........................................................5156
1.5.7 Conditional or Emergency Appointments - Child Safety...........................5157
1.6 Alcohol, Drugs and Other Substances ....................................................................5160
1.6.1 Drug-Free Workplace .................................................................................5161
1.7 Complaints and Grievances by Employees ............................................................5170
1.8 Professional Staff: Separation................................................................................5180
2003 5000
Personnel
PERSONNEL (Cont'd.) NUMBER
(Section 5000)
ACTIVITIES
2.1 Professional Growth/Staff Development ................................................................5210
2.2 Employee Personnel Records and Release of Information ....................................5220
2.3 Negotiations ............................................................................................................5230
2.4 Professional Staff Consulting Activities.................................................................5240
2.5 Jury Duty.................................................................................................................5250
2.6 Auditing Adult Education Courses .........................................................................5260
COMPENSATION AND RELATED BENEFITS
3.1 Health Insurance .....................................................................................................5310
3.2 Workers' Compensation..........................................................................................5320
3.3 Tax Sheltered Annuities..........................................................................................5330
3.4 Family and Medical Leave Act...............................................................................5340
3.5 Employee Assistance Program ...............................................................................5350
3.6 Defense and Indemnification of Board Members and Employees .........................5360
3.7 "Do Not Resuscitate" (DNR) Orders ......................................................................5370
3.8 Reimbursement for Travel Expenses......................................................................5380
3.9 Employee Compensation ........................................................................................5390
2002 5110
1 of 3
Personnel
SUBJECT: CODE OF ETHICS FOR ALL BOCES PERSONNEL
Definitions
a) "BOCES" shall mean the Board of Cooperative Educational Services for the First Supervisory
District, Oneida, Herkimer and Madison Counties.
b) "Municipal Officer or Employee" means a Board member or employee of the BOCES, paid or
unpaid, including members of any administrative board, commission, agency, or committee
thereof.
c) "Interest" means a direct or indirect pecuniary or material benefit accruing to a BOCES member
or employee as the result of a contract with the BOCES.
Purpose
a) Pursuant to the authority of Section 806 of the General Municipal Law, the BOCES adopts this
code of ethics setting forth for the guidance of its officers and employees, the standards of
conduct reasonably expected of them.
b) This code of ethics is in addition to the rules regarding prohibited conflicts of interest contained
in Article 18 of the General Municipal Law; and the provisions of any other general or special
law governing conflicts of interest and/or ethical conduct of municipal officers and employees.
Standards of Conduct
Every officer and employee of the BOCES shall be subject to the following standards of
conduct:
a) Gifts - No officer or employee shall directly or indirectly solicit any gift or accept or
receive any gift having a value of seventy-five dollars ($75) or more, whether in the form
of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other
form, under circumstances in which it could reasonably be inferred that the gift was
intended to influence the officer or employee, or could reasonably be expected to influence
the officer or employee in the performance of his/her official duties or was intended as a
reward for any official action on his/her part.
b) Confidential Information - No officer or employee shall disclose confidential information
acquired in the course of official duties, except when permitted or required by law, or use
such information to further personal interest. Within the framework of collective
bargaining, individuals designated as confidential shall not disclose information which
would influence the negotiating process.
(Continued)
2002 5110
2 of 3
Personnel
SUBJECT: CODE OF ETHICS FOR ALL BOCES PERSONNEL (Cont'd.)
c) Representation before the BOCES - No officer or employee shall receive, or enter into any
agreement, express or implied, for compensation for services to be rendered in any matter
before the BOCES.
d) Representation before any agency for a contingent fee - No officer or employee shall
receive, or enter into any agreement, express or implied, for compensation for services to
be rendered in relation to any matter before the BOCES, whereby compensation is to be
dependent or contingent upon any action by the BOCES with respect to such matter,
provided that this paragraph shall not prohibit the fixing at anytime of fees based upon the
reasonable value of services rendered.
e) Disclosure of interest in resolution - An officer or employee who participates in the
discussion of or gives official opinion to the Board on any resolution before such Board
shall publicly disclose in the minutes of a public Board meeting the nature and extent of
any direct or indirect financial or other private interest in such resolution.
f) Investments in conflict with official duties - No officer or employee shall invest or hold
any investment, directly or indirectly, in any financial, business, or commercial, venture, or
other private transaction, which creates a conflict of interest with official duties or work
assignments.
g) Private employment - No officer or employee shall engage in, solicit, negotiate for or
promise to accept private employment or render services to private interests when such
employment or service creates a conflict of interest with or impairs the proper discharge of
official duties or work assignments.
h) Future employment - No officer or employee after termination of service or employment
with the BOCES, shall appear before any board or agency or committee of the BOCES in
relation to any matter in which the officer or employee personally participated during the
period of his or her service or employment, or which was under his/her active
consideration. (In this case the scope of the law is fairly narrow; e.g., a Board member
who is an attorney and who participates in the discipline of a specific staff member should
probably not, at some future time, become involved in that staff member's continuing case.)
i) Employment of Board Members - A member of the Cooperative Board may resign his
office and thereafter perform services for the BOCES, receiving compensation therefore.
Nothing herein shall be deemed to bar or prevent the timely filing by a present or former officer
of any claim, account, demand, or suit against the BOCES, or any agency thereof on behalf of
himself/herself or any member of his/her family arising out of any personal injury or property damage
or for any lawful benefit authorized or permitted by law.
(Continued)
2002 5110
3 of 3
Personnel
SUBJECT: CODE OF ETHICS FOR ALL BOCES PERSONNEL (Cont'd.)
Distribution/Posting of Code of Ethics
The District Superintendent of the BOCES shall cause a copy of this code of ethics to be
distributed to every officer and employee of the BOCES. Each officer and employee elected or
appointed thereafter shall be furnished a copy before entering upon the duties of his/her office or
employment.
The District Superintendent shall also cause a copy of Article 18 of the General Municipal Law
to be kept posted in each building in the BOCES in a place conspicuous to its officers and employees.
Failure to distribute any such copy of this code of ethics or failure of any officer or employee to
receive such copy, as well as failure to post any such copy of General Municipal Law, Article 18, shall
have no effect on the duty of compliance with such code or Article 18, nor with the enforcement of
provisions thereof.
Penalties
In addition to any penalty contained in any other provision of law, any person who shall
knowingly and intentionally violate any of the provisions of this code may be fined, suspended or
removed from office or employment, as the case may be, in the manner provided by law.
General Municipal Law, Article 18
Article 18-4 Op. State Compt. 535, 1948, 2d case
NOTE: Refer also to Policy #1330 -- Principles for School Board Members.
Adopted: 7/10/02
2003 5120
1 of 2
Personnel
SUBJECT: EQUAL EMPLOYMENT OPPORTUNITY
The Oneida BOCES, in recognition of its educational mission, its social concern, its
responsibility for the personal development of individuals, and its concern for the rights of the
individual, does hereby express and establish this BOCES Policy of Equal Employment Opportunity.
It is the policy of the Oneida BOCES to provide equal opportunity in employment for all
qualified persons and to promote the full realization of equal employment opportunity through a
positive, continuing program for the Oneida BOCES as a whole and for each constituent division of
this BOCES.
In hiring, discharging or recruiting, the BOCES shall not discriminate against an individual on
the basis of age, color, creed, religion, disability, marital status, veteran status, national origin, political
affiliation, race, sex or sexual orientation. Sexual orientation is defined as heterosexuality,
homosexuality, bisexuality, or asexuality, whether actual or perceived.
All newly hired employees will be required to complete the Employment Eligibility Verification
Form (Form I-9) and present documents that establish their identity and eligibility to work in the
United States.
Administration shall establish grievance procedures that provide for the prompt and equitable
resolution of complaints alleging discrimination. Those intending to file a grievance due to alleged
discrimination must follow the grievance procedure established by the Oneida BOCES.
Title VII of the Civil Rights Act of 1964,
42 United States Code Section 2000-e et seq. -
Prohibits discrimination on the basis of race, color,
religion, sex or national origin.
Title VI of the Civil Rights Act of 1964,
42 United States Code Section 2000-d et seq. -
Prohibits discrimination on the
basis of race, color or national origin.
Section 504 of the Rehabilitation Act of 1973
29 United States Code Section 794 et seq. -
The Americans with Disabilities Act,
42 United States Code Section 12101 et seq. -
Prohibits discrimination on the basis of disability.
New York State Civil Rights Law Section 40-c
Prohibits discrimination on the basis of race, creed,
color, national origin, sex, sexual orientation, marital
status or disability.
2003 5120
2 of 2
Personnel
SUBJECT: EQUAL EMPLOYMENT OPPORTUNITY (Cont'd.)
Title IX of the Education Amendments of 1972,
20 United States Code Section 1681 et seq. -
Prohibits discrimination on the basis of sex.
New York State Executive Law
Section 290 et seq. - Prohibits discrimination on the
basis of age, race, creed, color, national
origin, sex, sexual orientation, disability or marital
status.
Age Discrimination in Employment Act,
29 United States Code Section 621.
Military Law Sections 242 and 243.
NOTE: Refer also to Policy #1440 -- Non-Discrimination.
Adopted: 5/14/03
2002 5121
1 of 2
Personnel
SUBJECT: SEXUAL HARASSMENT (PERSONNEL)
The Board affirms its commitment to non-discrimination and recognizes its responsibility to
provide for all BOCES employees an environment that is free of sexual harassment and intimidation.
Sexual harassment is a violation of law and stands in direct opposition to BOCES policy. Therefore,
the Board prohibits and condemns all forms of sexual harassment by employees. Generally, sexual
harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or
physical conduct of a sexual nature when:
a) Submission of such conduct is made, either explicitly or implicitly, a term or condition of
an individual's employment;
b) Submission to or rejection of such conduct by an individual is used as a basis for
employment decisions affecting such individuals; and
c) Such conduct has the purpose or effect of unreasonably interfering with an individual's
work performance or creating an intimidating, hostile or offensive work environment.
The Board acknowledges that in determining whether sexual harassment has occurred the totality
of the circumstances should be evaluated. 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 co-workers as well
as supervisors, and from a third party such as a school visitor, volunteer, or vendor, or any other
individual associated with the BOCES.
In order for the Board to enforce this policy, and to take corrective measures as may be
necessary, it is essential that any employee who believes he/she has been a victim of sexual
harassment in the work environment, as well as any other person who is aware of and/or who has
knowledge of or witnesses any possible occurrence of sexual harassment, immediately report such
alleged harassment to the BOCES designated complaint officer(s) through informal and/or formal
complaint procedures as developed by the BOCES. Such complaints are recommended to be in
writing, although verbal complaints of alleged sexual harassment will also be promptly investigated in
accordance with the terms of this policy. In the event that the complaint officer is the alleged
offender, the employee should report his/her complaint to the next level of supervisory authority.
Upon receipt of an informal/formal complaint, the BOCES will conduct a thorough investigation
of the charges. However, even in the absence of a complaint, if the BOCES has knowledge of or has
reason to know of or suspect any occurrence of sexual harassment, the BOCES will investigate such
conduct promptly and thoroughly.
To the extent possible, within legal constraints, all complaints will be treated as confidentially
and privately as possible. However, disclosure may be necessary to complete a thorough investigation
of the charges, and any disclosure will be provided on a "need to know" basis.
(Continued)
2002 5121
2 of 2
Personnel
SUBJECT: SEXUAL HARASSMENT (PERSONNEL) (Cont'd.)
Based upon the results of the investigation, if the BOCES determines that an employee has
violated the terms of this policy and/or accompanying regulations, immediate corrective action will be
taken, as warranted, up to and including termination of the offender's employment in accordance with
legal guidelines, BOCES policy and regulation, and the applicable collective bargaining agreement(s).
Third parties (such as school volunteers, vendors, etc.) who are found to have violated this policy
and/or accompanying regulations will be subject to appropriate sanctions as warranted and in
compliance with law.
The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses,
and/or any other individuals who participated in the investigation of a complaint of sexual harassment.
Follow-up inquiries shall be made to ensure that harassment has not resumed and that all those
involved in the investigation of the sexual harassment complaint have not suffered retaliation.
Regulations will be developed for reporting, investigating and remedying allegations of sexual
harassment. An appeal procedure will also be provided to address any unresolved complaints and/or
unsatisfactory prior determinations by the applicable complaint officer(s).
Such regulations will be developed in accordance with federal and state law as well as any
applicable collective bargaining agreement(s).
The District Superintendent/designee(s) will affirmatively discuss the topic of sexual harassment
with all employees, express the BOCES condemnation of such conduct, and explain the sanctions for
harassment. Training programs will be established for employees to help ensure awareness of the
issues pertaining to sexual harassment in the workplace, and to disseminate preventative measures to
help reduce such incidents of prohibited conduct. Furthermore, special training will be provided for
designated supervisors and managerial employees, as may be necessary, for training in the
investigation of sexual harassment complaints.
A copy of this policy and its accompanying regulations will be available upon request and may
be posted at various locations in each school building. The BOCES policy and regulations on sexual
harassment will be published in appropriate school publications such as teacher/employee handbooks
and/or school calendars.
Title VII of the Civil Rights Act of 1964,
42 United States Code (U.S.C.) Section 2000e et seq.
Civil Rights Act of 1991
42 United States Code (U.S.C.) Section 1981(a)
29 Code of Federal Regulations (C.F.R.)
Section 1604.11(a)
Executive Law Sections 296 and 297
Adopted: 7/10/02
2002 5130
Personnel
SUBJECT: PERFORMANCE REVIEW
The administration shall undertake a continuous program of supervision and evaluation of all
personnel in Oneida BOCES in order to promote improved performance and to make decisions
regarding tenure and permanent employment. The primary purposes of this evaluation are:
a) To enhance self-improvement and performance;
b) To encourage and promote self evaluation by personnel;
c) To provide a basis for evaluative judgments by administrative staff.
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(o)
Adopted: 7/10/02
2002 5140
Personnel
SUBJECT: HEALTH EXAMINATIONS
All BOCES employees shall be required to have a physical-medical examination at the time of
employment with the Oneida BOCES. When such examination is made by the BOCES health services
provider, the cost of such examination shall be borne by BOCES. However, an employee may elect to
have a health examination at his/her own expense by a physician of his/her own choice. Temporary
and substitute staff whose employment is projected for less than six months are exempt from this
requirement.
The Board reserves the right to request a health examination at any time during employment, at
BOCES expense, in order to determine the physical and mental capacity of an employee to perform
his/her duties.
Annual or more frequent examinations of any employee may be required when, in the judgment
of the school physician and the District Superintendent and/or Board, such procedure is deemed
necessary.
The final acceptance or rejection of a medical report with reference to the health of an employee
lies within the discretion of the Board. The decision of the health services provider designated by the
Board as the determining physician shall take precedence over all other medical advice.
Education Law Section 913 Bus Drivers:
8 New York Code of Rules and Regulations
(NYCRR) Section 156.3(2)
Rules and Regulations of the Commissioner
of Motor Vehicles Section 5.09-b
Cafeteria Workers: State Sanitary Code
Adopted: 7/10/02
2002 5141
Personnel
SUBJECT: HUMAN IMMUNODEFICIENCY VIRUS (HIV) RELATED ILLNESSES
(PERSONNEL)
The Cooperative Board contends that an employee shall not be denied the right to continue
his/her employment who has been diagnosed or identified as having a positive blood test for the
antibodies to the Human Immunodeficiency Virus (HIV). The Board further contends that under
current law and regulations, the disclosure of confidential HIV-related information shall be strictly
limited.
Administrative regulations and procedures shall be developed and implemented by the
administration based on recommendations from the New York State Education Department and from
consultation with appropriate professional and medical staff in the BOCES.
The District Superintendent shall also establish protocols for routine sanitary procedures for
dealing with the cleaning and handling of body fluids in school, with special emphasis placed on staff
awareness.
Confidentiality: Public Health Law, Article 27-F
NOTE: Refer also to Policy #6451 -- Human Immunodeficiency Virus (HIV) Related Illnesses
(Students).
Adopted: 7/10/02
2002 5150
1 of 2
Personnel
SUBJECT: RECRUITMENT, SELECTION, AND APPOINTMENT OF PERSONNEL
The Board of Cooperative Educational Services encourages employment of the individual best
qualified to fill a given position. The Board encourages recruitment of employees with a wide variety
of training and education. It shall be our policy to actively seek outstanding personnel.
It shall be the duty of the District Superintendent to see that persons recommended for
employment meet all qualifications established by law, or by the Board, for the position for which
recommendation is made.
Assignments of personnel shall be at the direction of the District Superintendent or his/her
designee. The employees shall be responsible for familiarizing themselves with the policies and
administrative plans of the Oneida BOCES in order to promote better understanding. Suggestions for
improvement of policies and procedures shall be considered part of the responsibility of each
employee within the scope of the employee's employment. Instructional and non-instructional
personnel shall be appointed by the Cooperative Board upon the recommendation of the District
Superintendent.
All assignments and transfers shall be made in accordance with the provisions of law, Board
policies, and the employee's negotiated agreement.
Certified Personnel
All professional employees shall be appointed in accordance with Section 3014 of the Education
Law. Probationary appointments shall be for a period of three years. Teaching personnel who have
achieved tenure in a school district in New York State shall be required to serve only a two-year
period probationary period in accordance with established law.
Certified personnel shall possess the required certification, or be eligible for certification, prior to
the assumption of duties. It is the responsibility of the individual to provide proof of certification and
to keep all certification information updated in conformance with all rules and regulations. Career and
Technical Education teachers, in accordance with rules and regulations established by the
Commissioner of Education, may be employed without certification provided, however, that
acceptance into the Teacher Education Training Program is assured and work is commenced on
achieving certification within the time limits prescribed by the aforementioned rules and regulations.
Education Law Sections 3001, 3001-a, 3004,
3006, 3008, 3013, and 3014
8 New York Code of Rules and Regulations
(NYCRR) Parts 30 and 80
(Continued)
2002 5150
2 of 2
Personnel
SUBJECT: RECRUITMENT, SELECTION, AND APPOINTMENT OF PERSONNEL
(Cont'd.)
Civil Service Employees
All non-instructional employees are subject to the regulations of the Oneida County Civil
Service Commission. A passing grade on the appropriate examination must be obtained in order to
qualify for permanent appointment to a competitive position. All non-instructional appointments are
probationary for the maximum period established by the local Civil Service Commission from date of
appointment from an open competitive list and every original appointment to a position in a non-
competitive exempt or labor class.
Civil Service Law Section 63
Adopted: 7/10/02
2002 5151
1 of 2
Personnel
SUBJECT: TEMPORARY AND PART-TIME EMPLOYEES
The District Superintendent is authorized to fill vacant positions on a temporary basis when such
positions are necessary for the maintenance or continuity of a program or service. Such authority
applies to per diem substitutes (certified and classified) and temporary employees.
Part-Time Employees
Individuals may be employed on a part-time basis to meet the education needs of the BOCES
upon the recommendation of the District Superintendent. They are considered part-time if they work
less than full-time and are distinguished from "substitutes" in that they are employed for a specific
period of time on a part-time basis.
Regular part-time classified (Civil Service) employees working 50% or more per week will
accrue seniority.
All part-time employees may participate in the appropriate New York State Retirement System.
Regular Substitute Teachers
Regular substitute teachers (temporary teachers) are appointed to fill vacancies created by
approved leaves of absence granted to full-time teachers.
Substitutes may participate in the New York State Teachers' Retirement System.
Whenever possible, regular substitutes should be certified and prepared by experience and
background to fill the position. Non-certified substitutes may be employed under unusual
circumstances in accordance with State regulations pertaining to the issuance of a temporary license.
Per Diem Substitute Teachers
Per diem substitutes are employed on a short-term basis and shall be compensated at a per diem
rate to be established by the Board. Substitutes are paid only for days worked or on a prorated basis for
part-time work. Per diem substitutes are not eligible for fringe benefits, but are eligible to participate
in the New York State Teachers' Retirement System. Whenever possible, substitutes should be
certified and prepared by experience and background for the positions they fill. Substitutes with valid
teaching certificates or substitutes without a valid certificate but who are completing collegiate study
towards certification at the rate of not less than six semester hours per year, may render service for any
number of days. Substitutes without a valid certificate and who are not working towards certification
may render service no more than 40 days per school year.
(Continued)
2002 5151
2 of 2
Personnel
SUBJECT: TEMPORARY AND PART-TIME EMPLOYEES (Cont'd.)
Student Teachers
In recognition of the need for pre-service learning experiences for potential teachers, State
certification requirements, and the reciprocal benefits derived by BOCES professional personnel,
BOCES encourages the utilization of student teachers.
Student teachers shall be protected from liability for negligence or other acts resulting in
accidental injury to any person by the BOCES, as provided by law.
The District Superintendent shall approve the appointment of any student teacher.
Appointment of Staff to Positions Supported by Funds from State or Federal Agencies
Teachers, administrators, or staff specialists being appointed to federally or state funded
programs on a full-time basis shall be granted a probationary appointment in accordance with Section
3014 of the New York State Education Law unless the terms of the funding are such that the project
will terminate at the end of a specified time period of up to two (2) years. If the project is forecast to
terminate at the end of a specified time period of up to two (2) years, individuals appointed to such
positions shall be granted a "term-of-project" appointment (and re-appointment) on an annual basis
until the project is terminated.
If a state or federally funded project which was scheduled to terminate after two years is
refunded so that an individual employed in the project would become eligible for tenure, a
probationary appointment shall be granted and made retroactive to the initial date of full-time
employment in the project. Standard procedures for granting (or not granting) tenure shall then be
followed.
8 New York Code of Rules and Regulations
(NYCRR) Section 80.36
Education Law Section 3023
Adopted: 7/10/02
2002 5152
Personnel
SUBJECT: JOB DESCRIPTIONS
Job descriptions for all BOCES positions shall be developed and maintained by the
administration, in compliance with applicable law and regulations, and in accordance with collective
bargaining agreements.
Adopted: 7/10/02
2002 5153
1 of 2
Personnel
SUBJECT: INCIDENTAL TEACHING
The District Superintendent may assign a teacher to teach a subject not covered by such teacher's
certificate or license for a period not to exceed five (5) classroom hours a week, when no certified or
qualified teacher is available after extensive and documented recruitment efforts, and provided that the
approval of the District Superintendent is obtained in accordance with the requirements as enumerated
in Commissioner's Regulations.
Not later than twenty (20) business days after such an assignment, a form satisfactory to the
District Superintendent shall be submitted containing the following information:
a) Evidence of extensive recruitment of a teacher certified in the appropriate area;
b) The name and certification status of the teacher given such assignment;
c) The subject which the teacher is being assigned to teach on an incidental basis and the total
number of classes in the subject being taught on an incidental basis;
d) The qualifications of the teacher to teach such subject on an incidental basis;
e) The specific reasons why an incidental assignment is necessary;
f) The anticipated duration of the incidental teaching assignment; and
g) The number of applications, approved or pending, for authorization to make incidental
teaching assignments in the same certification area for which the current authorization is
being sought.
To be approved, the application shall demonstrate to the satisfaction of the District
Superintendent that an incidental teaching assignment is necessary, that the teacher assigned is the best
qualified to teach the subject on an incidental basis, and that the requirements of Commissioner's
Regulations have been met.
The District Superintendent will issue a determination within twenty (20) business days of
receipt of the BOCES application.
In the event that the application is disapproved, the District Superintendent, within seven (7)
business days, shall terminate the incidental assignment. In the event that the application is approved,
such approval shall be deemed to have commenced on the date of the incidental teaching assignment
and shall terminate on the last day of the school year for which it is granted.
(Continued)
2002 5153
2 of 2
Personnel
SUBJECT: INCIDENTAL TEACHING (Cont'd.)
The District Superintendent may renew an incidental teaching assignment, in accordance with
the requirements of Commissioner's Regulations, for any subsequent school year. A renewal
application must provide a number of assurances, including that the teacher assigned a course on an
incidental basis has completed, or has agreed to complete, within the prescribed time period, at least
three (3) semester hours of credit or the equivalent leading to certification in the subject area of the
incidental assignment.
8 New York Code of Rules and Regulations
(NYCRR) Section 80-5.3
Adopted: 7/10/02
2002 5154
Personnel
SUBJECT: SUMMER EMPLOYMENT
Staff members may be employed for the summer by the BOCES upon the recommendation of
the District Superintendent. Such staff members will be employed to achieve specific purposes or
activities as determined by the Director of the program area involved. These staff members are
employed on a temporary basis and no seniority or tenure rights shall accrue as a result of summer
employment.
The administration is to employ the most qualified people available for the work to be
accomplished.
Compensation for such employees shall be determined each year, depending on the type and
length of work involved.
Adopted: 7/10/02
2002 5155
1 of 3
Personnel
SUBJECT: TEACHER TENURE AREAS
Tenure areas for teachers employed after August 1, 1975, are defined in accordance with Part 30
of the Rules of the Board of Regents as amended on August 1, 1975. The basic principles of Part 30
are also used to confirm common law notions with respect to tenure areas of teachers employed prior
to August 1, 1975.
All teachers employed on a probationary basis subsequent to the adoption of this policy shall at
the time of employment be notified in writing of the tenure area of their position.
Occupational Education
Tenure Area Number Description
30.8, c, 2 (1) Practical Nursing
30.8, c, 2 (2) Health Assisting
30.8, c, 2 (3) Child Care
30.8, c, 2 (4) Health Occupations Coordinator/Teacher of Practical
Nursing
30.8, c, 4 (1) Occupational Business Education, Data Processing and
Distributive Occupational Subjects
30.8, c, 6 (1) Agriculture
30.8, c, 6 (2) Ornamental Horticulture
30.8, c, 6 (3) Automotive Mechanics
30.8, c, 6 (4) Automotive Body and Collision
30.8, c, 6 (5) Small Engine
30.8, c, 6 (6) Recreational Vehicles Maintenance and Repair
30.8, c, 6 (7) Service Station Management
30.8, c, 6 (8) Construction Trades (Carpentry)
30.8, c, 6 (9) Construction Trades (Electrical)
30.8, c, 6 (10) Construction Trades (Masonry)
30.8, c, 6 (11) Construction Trades (Plumbing)
30.8, c, 6 (12) Construction Trades (Heating)
30.8, c, 6 (13) Maintenance and Repair (Building Maintenance)
30.8, c, 6 (14) Electronics (Trade)
30.8, c, 6 (15) Commercial Art
30.8, c, 6 (16) Mechanical Drafting
30.8, c, 6 (17) Printing
30.8, c, 6 (18) Dental Assisting
30.8, c, 6 (19) Food Services
30.8, c, 6 (20) Machine Shop
30.8, c, 6 (21) Welding
(Continued)
2002 5155
2 of 3
Personnel
SUBJECT: TEACHER TENURE AREAS (Cont'd.)
Tenure Area Number Description
30.8, c, 6 (22) Cosmetology
30.8, c, 6 (23) Multi Occupational (Trade Subjects)
30.8, c, 6 (24) Multi Occupational (Special)
30.8, c, 6 (25) Public Service – Police Service
30.8, c, 6 (26) Graphic, Printing, and Visual Communications
(Printing/Lithography)
30.8, c, 6 (27) Computer Repair Technician
30.8, d Teaching Assistant
Special Education
Tenure Area Number Description
30.8, a, 4 Program for the Visually Handicapped
30.8, a, 5 Programs for the Deaf
30.8, a, 6 Programs for the Speech and Hearing Handicapped
30.8, a, 7 General Special Education Program
To include programs for:
Mentally Retarded Children
Emotionally Disturbed Children
Multiply Handicapped Children
Children with Specifically Defined Learning
Disabilities
Physically Handicapped Children
Resource Room Program
30.8,d Teaching Assistant
Other Services
Tenure Area Number Description
30.5 N-6 (Elementary)
30.7, b, 1 English
30.7, b, 2 Social Studies
30.7, b, 3 Mathematics
30.7, b, 4 Science
(Continued)
2002 5155
3 of 3
Personnel
SUBJECT: TEACHER TENURE AREAS (Cont'd.)
Tenure Area Number Description
30.7, b, 5 Foreign Language
30.7, b, 6 Health
30.8, -, 13 Remedial Reading
30.8, a, 1 Art
30.8, a, 3 Driver Education
30.8, a, 9 Home Economics
30.8, a, 10 Industrial Arts
30.8, a, 11 Music
30.8, a, 12 Physical Education
30.8, b, 2 Guidance
30.8, b, 4 School Media Specialist (Library)
30.8, b, 5 School Nurse Teacher
30.8, b, - (1) School Nurse Practitioner
30.8, b, 6 School Psychologist
30.8, b, 7 School Social Worker
Adopted: 7/10/02
2003 5156
1 of 2
Personnel
SUBJECT: MANAGEMENT/SPECIALIST TENURE AREAS
The Cooperative Board establishes the following tenure areas for administrative and program
staff specialist personnel defining areas for tenure appointment based on the specific experience and
responsibilities required of individuals:
Management/Specialist
Tenure Area Number Description
1, b Assistant Superintendent for Administrative Services
1, c Assistant Superintendent for Instruction
2, a Director, Special Education (includes Pupil Personnel
Services)
2, b Director, Career and Technical Education
2, c Director of Information and Technology
2, d Director, Instructional Services
2, f Director of Program and Professional Development
2, g Administrator on Special Assignment
2, h Supervising Principal for Alternative Education
2, i Coordinator, Special Education
3, a Supervisor, Special Education
3, h Principal, Career and Technical Education
3, j Coordinator of Media Services
3, l Principal, Alternative Education
3, m Principal, Special Education
3, n Assistant Principal for Career and Technical
Education
3, o Assistant Principal for Special Education – Site
Based Programs
3, p Assistant Principal for Special Education – Auxiliary
Programs
3, q Computer Education Coordinator
4, b Program Specialist, Special Education
4, d Guidance Coordinator
4, f Administrative Assistant, Continuing Education
4, g Curriculum Specialist
4, h Program Specialist, Career and Technical Education
4, i Coordinator, School Library System
4, j Curriculum Assistant
(Continued)
2002 5156
2 of 2
Personnel
SUBJECT: MANAGEMENT/SPECIALIST TENURE AREAS (Cont'd.)
Tenure Area Number Description
4, k Planning Specialist/Coordinator, Regional High
Schools of Excellence
4, l Program Specialist/Coordinator, Youth-at-Risk
4, m Planning Assistant, Regional Program of Excellence
4, n Program Specialist/Coordinator, Planetarium Services
4, o Program Specialist/Project Librarian (Film Data Base)
4, q Dean of Students, Career and Technical Education
4, t Coordinator, Media Services
4, y Program Specialist, Instructional Program Planning
and Development
4, z Program Specialist, Safety Coordinator
4, aa School Business Administrator
4, bb Coordinator of Special Programs and Projects
4, cc Program Specialist, Mathematics - Science
4, dd Program Specialist, Library Automation
4, ee Program Specialist, Tech Prep
4, ff Program Specialist, Committee on Preschool Special
Education
4, gg Special Education Training and Resource Center
(SETRC) Coordinator
4, hh Program Specialist for Alternative and Itinerant
Programs
4, ii Program Specialist for Special Education and Itinerant
Programs
4, jj Program Specialist, Grants Writer
Adopted: 11/7/02
2002 5157
Personnel
SUBJECT: CONDITIONAL OR EMERGENCY APPOINTMENTS - CHILD SAFETY
If an employee is serving under a conditional appointment or emergency conditional
appointment pending employment clearance from the State Education Department, the District
Superintendent, or designee, shall advise the employee's immediate supervisor and/or building
principal of such appointment status and request that he/she provide supervision as deemed
appropriate to address the safety of children who have contact with the employee. The immediate
supervisor or building principal shall, upon the commencement of the staff member's employment,
meet with the staff member to review safety considerations and expectations for any contact such staff
member will have with students. The District Superintendent or designee shall promptly notify the
immediate supervisor or building principal of any changes in the employee's appointment status,
including receipt of clearance for employment.
Education Law Sections 1604(39)(D), 1709(39)(D),
1804(9)(D), 1950(11)(D), 2503(18)(D), 2254(25)(D),
added by A.8898-A(2001)
Adopted: 7/10/02
2002 5160
Personnel
SUBJECT: ALCOHOL, DRUGS AND OTHER SUBSTANCES (SCHOOL PERSONNEL)
The Board of Cooperative Educational Services encourages cooperation with other community
agencies and groups in preventing drug and alcohol abuse. Provision shall be made for instructing
employees and students in alcohol, drug and tobacco abuse and prevention. All laws pertaining to drug
and alcohol use and possession shall be honored by students, adults, and adult students while on
BOCES premises or at BOCES-sponsored activities, regardless of the location of the activity.
The Board prohibits the manufacture, distribution, consumption, sharing and/or selling, use
and/or possession of illegal drugs, counterfeit and designer drugs, or drug paraphernalia, or alcoholic
beverages in the workplace, or when the effects of such drugs may impair an employee's job
performance. The inappropriate use of prescription and over-the-counter drugs shall also be
prohibited.
Information about any drug and alcohol counseling and/or rehabilitation programs shall be made
available to employees. Data will also include the range of penalties, (consistent with local, state and
federal law), up to and including termination of employment and referral for prosecution that will be
imposed on employees who have transgressed the terms of this policy.
Additionally, confidentiality shall be insured as required by state and federal law.
The District Superintendent shall biennially review the drug and alcohol abuse prevention
program to determine its effectiveness and support appropriate modifications, as needed.
Education Law Sections 913, 1711(5)(e), and 3020-a
Civil Service Law Section 75
Drug-Free Schools and Communities Act
Amendment of 1989 (Public Law 101-226)
NOTE: Refer also to Policy #6220 -- Alcohol, Drugs and Other Substances (Students).
Adopted: 7/10/02
2002 5161
Personnel
SUBJECT: DRUG-FREE WORKPLACE
It shall be the general policy of the Board of Cooperative Educational Services to affirm that all
programs in the Oneida BOCES that receive Federal funds shall guarantee that their workplaces are
free of controlled substances. "Controlled substance" means a controlled substance in schedules I
through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in
regulation at 21 Code of Federal Regulations (C.F.R.) 1308.11-1308.15. An acknowledgment form
shall be signed by the District Superintendent indicating that the Oneida BOCES is in full compliance
with the Drug-Free Workplace Act. This policy shall guarantee that not only Federally funded
programs, but the entire BOCES is free of controlled substances.
The Board directs the administration to develop regulations to comply with this policy, and
further supports such actions and activities of the administration as shall be required to maintain a
drug-free workplace.
Drug-Free Workplace Act of 1988
(DFWA P.L. 100-690)
Adopted: 7/10/02
2002 5170
1 of 2
Personnel
SUBJECT: COMPLAINTS AND GRIEVANCES BY EMPLOYEES
In accordance with the provisions of General Municipal Law and the collective bargaining
agreements, all BOCES personnel shall have the opportunity to present their complaints or grievances
free from interference, coercion, restraint, discrimination or reprisal. BOCES shall provide at least
two procedural stages and an appellate stage for the settlement of any grievance.
Complaints or grievances not covered under employee contracts shall be handled and resolved,
whenever possible, as close to their origin as possible. The District Superintendent is responsible for
implementing regulations for the redress of complaints or grievances through proper administrative
channels.
Civil Rights Compliance Officer
Additionally, the Board shall ensure compliance with Title IX of the Educational Amendments
of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans With Disabilities Act
(ADA). The District Superintendent shall designate a BOCES employee as the Title IX/Section
504/ADA Coordinator (i.e., the "Civil Rights Compliance Officer"), and regulations and procedures
shall be implemented to resolve complaints of discrimination based on sex or disability.
Prior to the beginning of each school year, the BOCES shall issue an appropriate public
announcement which advises students, parents/guardians, employees and the general public of
BOCES established grievance procedures for resolving complaints of discrimination based on sex or
disability. Included in such announcement will be the name, address and telephone number of the
Civil Rights Compliance Officer.
The Civil Rights Compliance Officer shall also be responsible for handling complaints and
grievances regarding discrimination based on race, color, creed, religion, national origin, political
affiliation, age, veteran or marital status.
Title VII of the Civil Rights Act of 1964,
42 United States Code (U.S.C.)
Section 2000-e et seq. - Prohibits discrimination on the
basis of race, color, religion, sex or national origin.
Title VI of the Civil Rights Act of 1964,
42 United States Code (U.S.C.)
Section 2000-d et seq. – Prohibits discrimination on the
basis of race, color or national origin.
(Continued)
2002 5170
2 of 2
Personnel
SUBJECT: COMPLAINTS AND GRIEVANCES BY EMPLOYEES (Cont'd.)
Section 504 of the Rehabilitation Act of 1973,
29 United States Code (U.S.C.) Section 794 et seq.;
The Americans With Disabilities Act,
42 United States Code (U.S.C.) Section 12101 et seq. –
Prohibits discrimination on the basis of sex.
Title IX of the Education Amendments of 1972,
20 United States Code (U.S.C.) Section 1681 et seq. –
Prohibits discrimination on the basis of sex.
New York State Executive Law
Section 290 et seq. - Prohibits discrimination on the
basis of age, race, creed, color, national
origin, sex, disability or marital status.
Age Discrimination in Employment Act,
29 United States Code (U.S.C.) Section 621
Military Law Sections 242 and 243
NOTE: Refer also to Policy #1440 -- Non-Discrimination.
Adopted: 7/10/02
2002 5180
Personnel
SUBJECT: PROFESSIONAL STAFF: SEPARATION
The District Superintendent must notify the professional staff member in writing at least 60 days
prior to the expiration of the probationary period that an affirmative recommendation for appointment
on tenure will not be made, in accordance with Education Law. The District Superintendent's
recommendation to deny tenure must be reviewed and acted upon by the Cooperative Board.
The Board shall expect any professional staff member desiring to terminate his/her services to
provide the Board with a minimum of thirty (30) days notice before the effective termination date.
When possible, a professional staff member shall make every effort to terminate employment at
the end of the school year. Resignations must be in writing and include the effective date.
Education Law Sections 3019-a and 3031
Adopted: 7/10/02
2002 5210
Personnel
SUBJECT: PROFESSIONAL GROWTH/STAFF DEVELOPMENT
The Cooperative Board believes that staff development through attendance at conferences,
training programs, workshops, professional meetings, and other in-service activities is an essential
element in the development of quality educational programs and sound personnel practices.
The Cooperative Board encourages personnel to increase their competencies by continuing their
training and experience through graduate study, in-service programs, and other appropriate
educational activities.
As part of the annual review of goals and objectives with the Cooperative Board, the District
Superintendent and his/her senior staff shall include a report on staff development activities designed
to improve the performance of BOCES staff and, therefore, the delivery of BOCES services to its
component districts.
Adopted: 7/10/02
2002 5220
Personnel
SUBJECT: EMPLOYEE PERSONNEL RECORDS AND RELEASE OF INFORMATION
Personnel Records
Administrative regulations will be developed to implement the terms of this policy to maintain a
personnel file for each teacher, administrator and support staff member employed by the BOCES.
Procedures will be developed addressing the inspection by BOCES employees of their personnel
files.
Release of Personnel Information
All steps should be taken to protect the privacy of the employees of the Board of Cooperative
Educational Services. To ensure the individual's privacy, directory or confidential information should
not be shared with a third party except in the following situations:
a) When members of the Board need information from the employee's personnel record to aid
them in performing their legal responsibilities in such matters as appointments,
assignments, promotions, demotions, remuneration, discipline, dismissal or to aid in the
development and implementation of personnel policies.
b) When the employee grants permission.
Procedures for obtaining consent for release of records to third parties shall be developed by the
administration.
Release of Information Concerning Former Employees
The BOCES shall not release information concerning the employment records, personnel file or
past performance of a former employee, unless such information is required to be disclosed by law.
Only the initial and final dates of employment and the position held shall be provided through a
written response to a written request. The former employee may authorize the release of any
additional information.
8 New York Code of Rules and Regulations
(NYCRR), Part 84
Public Officers Law Section 87
Adopted: 7/10/02
2002 5230
Personnel
SUBJECT: NEGOTIATIONS
Legal Status
The legal status for negotiations is the Public Employee's Fair Employment Law (Taylor Law),
Article 14 of the Civil Service Law.
Organizations recognized for the purposes of collective bargaining include:
a) Oneida-Herkimer-Madison BOCES Administrators' Association (SAANYS)
b) Oneida BOCES Teachers' Association (NYSUT)
c) United Public Service Employees Union (UPSEU)
Adopted: 7/10/02
2002 5240
Personnel
SUBJECT: PROFESSIONAL STAFF CONSULTING ACTIVITIES
The Board acknowledges that a professional employee may be invited to speak, lead a seminar,
act as a consultant or become involved in other professional activities outside of the BOCES. The
employee may be excused from his/her BOCES duties at the discretion of the District
Superintendent/designee and may be required to request a personal/vacation day.
Adopted: 7/10/02
2002 5250
Personnel
SUBJECT: JURY DUTY
A BOCES employee called for jury duty shall receive his/her full day's pay from the BOCES
plus mileage from the State. No BOCES employee shall be entitled to receive the court authorized per
diem allowance for any regularly scheduled workday on which jury duty is rendered if on such a day
his/her BOCES wages are not withheld on account of such service.
Judiciary Law Section 521(b)
Adopted: 7/10/02
2002 5260
Personnel
SUBJECT: AUDITING ADULT EDUCATION COURSES
All full-time employees with one-half year of service may audit adult education courses offered
through BOCES continuing education at no tuition charge. Only courses of less than 100 hours may
be audited.
General Provisions
a) There is a sufficient number of paid registrations to conduct the class.
b) The maximum class size has not been reached by paid registrations.
c) The tuition portion only will be waived. Employees will be expected to pay any supply or book
charge.
d) BOCES personnel who pay tuition in order to guarantee a seat and then request and receive a
refund will not be allowed to audit that course during the same term.
e) BOCES employees will adhere to the established registration dates and procedures.
f) No person auditing a class will be replaced by a tuition paying student after the first class.
g) Employees auditing a class will be notified in the event that the class will be canceled due to
insufficient registration or if they have been replaced by a tuition paying student.
h) Employees will be allowed to audit classes in the order in which they register.
Adopted: 7/10/02
2002 5310
Personnel
SUBJECT: HEALTH INSURANCE
Health insurance for certificated and classified support staffs shall be in accordance with their
respective negotiated agreements or Board policy.
Continuation of Medical Insurance Coverage at Termination of Employment
Under the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA),
employees and their dependents are eligible to continue their insurance coverage for up to eighteen
(18) months when termination of their insurance is due to a reduction in their hours worked, or upon
termination of their employment.
Dependents of employees are eligible to continue their insurance for up to thirty-six (36) months
upon occurrence of one of the following events:
a) Death of the covered employee; or
b) Divorce or legal separation from the covered employee; or
c) An employee becomes eligible for Medicare and ceases to participate in the employer-
sponsored plan; or
d) The dependents of a covered employee reach the maximum age for dependent coverage.
Those who are eligible to continue health coverage have up to sixty (60) days to complete the
Continuation of Coverage Election Form. They must pay the full cost of their premium and may be
charged for any administrative costs incurred by Oneida BOCES, up to a maximum allowed by law.
Consolidated Omnibus Budget Reconciliation
Act of 1985
Adopted: 7/10/02
2002 5320
Personnel
SUBJECT: WORKERS' COMPENSATION
Employees injured in the performance of their duties are covered by Workers' Compensation
Insurance. Employees shall report work-related injuries immediately to their immediate supervisor as
well as the Clerk of the Cooperative Board. Delay in reporting, if necessary, must be justified to the
satisfaction of the Board and/or the insurance agency.
Reimbursement for Workers' Compensation Insurance benefits shall be in accordance with their
respective negotiated agreements.
Education Law Section 2503(10)
Adopted: 7/10/02
2002 5330
Personnel
SUBJECT: TAX-SHELTERED ANNUITIES
Employees may participate in the Tax Sheltered Annuity program in accordance with the
provisions of Section 403(b) of the Internal Revenue Code, as amended.
The Payroll Supervisor is authorized to approve applications from employees to have a deduction
made from their salaries to purchase tax sheltered annuities in accordance with the above Internal
Revenue Code.
Internal Revenue Code Section 403(b)
Adopted: 7/10/02
2002 5340
1 of 2
Personnel
SUBJECT: FAMILY AND MEDICAL LEAVE ACT
The Board of Cooperative Educational Services, in accordance with the Family and Medical
Leave Act of 1993 (FMLA), gives "eligible" employees of the Oneida BOCES the right to take unpaid
leave for a period of up to 12 workweeks in a 12-month period as determined by the BOCES.
Employees are "eligible" if they have been employed by the BOCES for at least 12 months and
for at least 1,250 hours of service during the previous 12-month period. Full-time teachers are deemed
to meet the 1,250 hour test. The law covers both full-time and part-time employees.
Qualified employees may be granted leave for one or more of the following reasons:
a) The birth of a child and care for the infant;
b) Adoption of a child and care for the infant;
c) The placement with the employee of a child in foster care;
d) To care for a spouse, child or parent who has a serious health condition as defined by the
FMLA;
e) A serious health condition of the employee, as defined by the FMLA, that prevents the
employee from performing his or her job.
At the Board's or employee's option, certain types of paid leave may be substituted for unpaid
leave.
An employee on FMLA leave is also entitled to have health benefits maintained while on leave.
If an employee was paying all or part of the premium payments prior to leave, the employee will
continue to pay his/her share during the leave period.
In most instances, an employee has a right to return to the same position or an equivalent position
with equivalent pay, benefits and working conditions at the conclusion of the leave.
The Board has a right to 30 days advance notice from the employee where practicable. In
addition, the Board may require an employee to submit certification from a health care provider to
substantiate that the leave is due to the serious health condition of the employee or the employee's
immediate family member. Failure to comply with these requirements may result in the denial of
FMLA leave. The Board may also require that an employee present a certification of fitness to return
to work when the absence was caused by the employee's serious health condition. The Board has the
right to deny restoration to employment if the employee does not furnish the certificate of fitness.
(Continued)
2002 5340
2 of 2
Personnel
SUBJECT: FAMILY AND MEDICAL LEAVE ACT (Cont'd.)
A notice which explains the FMLA's provisions and provides information concerning the
procedures for filing complaints of violations of the FMLA shall be posted in each BOCES building
and/or location.
Family and Medical Leave Act of 1993
Public Law 103-3
29 Code of Federal Regulations (C.F.R.) Part 825
Adopted: 7/10/02
2002 5350
Personnel
SUBJECT: EMPLOYEE ASSISTANCE PROGRAM
Oneida BOCES recognizes that employees facing problems related to family, financial, legal,
emotional, societal or health concerns may find it difficult to perform their job with the effectiveness
and productiveness which they desire to demonstrate. The Oneida BOCES also recognizes that these
problems can be treated, particularly in the early stages, in a fashion which will assist the employee in
maintaining an efficient and effective job performance.
It is the policy of the Oneida BOCES to provide an Employee Assistance Program for all district
employees and their immediate families. It is the intent of this Program to assure that an employee or
a family member who has a problem which impacts or has the potential to impact negatively on the
employee's job performance will receive careful attention and an opportunity to obtain confidential
professional assistance.
Adopted: 7/10/02
2002 5360
1 of 2
Personnel
SUBJECT: DEFENSE AND INDEMNIFICATION OF BOARD MEMBERS AND
EMPLOYEES
Liability Protection Pursuant to Education Law
The Board recognizes its statutory obligation to indemnify BOCES employees (and in certain
circumstances, Board members and volunteers) pursuant to the provisions of Sections 3023, 3028 and
3811 of the Education Law. For the purposes of this policy, the term "employee" shall be as defined in
the applicable statute(s).
BOCES shall not be subject to the duty to defend unless the employee, within the time
prescribed by statute, delivers appropriate notice of the claim to the Board.
a) For purposes of Education Law Section 3811, the employee must give written notice within
five (5) days after service of process upon him/her. The statute mandates only written
notice of the claim to the Board; however, submission of relevant legal documents by the
employee to the Board is also encouraged.
b) For purposes of Education Law Sections 3023 and 3028, the employee must deliver the
original or a copy of the relevant legal documents to the Board within ten (10) days after
service of process upon him/her.
BOCES will provide legal defense and/or indemnification for all damages, costs, and reasonable
expenses incurred in the defense of an action or proceeding if authorized pursuant to statute and
provided that the alleged action or omission which occurred or allegedly occurred is covered by the
appropriate statute(s). Furthermore, BOCES will not be required to provide indemnification
protection and/or legal defense unless the employee was, at the time of the alleged incident, acting in
the discharge of his/her duties within the scope of his/her employment or authorized volunteer duties
and/or under the direction of the Board.
Public Officers Law Section 18
The Board hereby also confers the benefits of Section 18 of the New York State Public Officers
Law upon the "employees" of BOCES, as defined in Section 18 of the Public Officers Law; and
BOCES assumes the liability for the costs incurred in accordance with the provisions of Section 18.
The benefits accorded to BOCES employees under Section 18 of the Public Officers Law shall
supplement and be available in addition to defense or indemnification protection conferred by other
enactments or provisions of law.
(Continued)
2002 5360
2 of 2
Personnel
SUBJECT: DEFENSE AND INDEMNIFICATION OF BOARD MEMBERS AND
EMPLOYEES (Cont'd.)
The term "employees" shall include members of the Board; the District Superintendent; BOCES
officers; BOCES employees; volunteers expressly authorized to participate in a BOCES sponsored
volunteer program; or any other person holding a position by election, appointment or employment in
the service of BOCES, whether or not compensated. The term "employee" shall also include a former
employee, his/her estate or judicially appointed representative.
Pursuant to the provisions of Section 18 of the Public Officers Law, and upon compliance by the
employee with the requirements of this statute, BOCES shall provide for the defense of the employee
in any civil action or proceeding, state or federal, arising out of any alleged act or omission which
occurred or allegedly occurred while the employee was acting within the scope of his/her public
employment or duties. Furthermore, BOCES shall indemnify and save harmless its employees in the
amount of any judgment obtained against such employees in a state or federal court, or in the amount
of any settlement of a claim, provided that the act or omission from which such judgment or claim
arose occurred while the employee was acting within the scope of his/her public employment or
duties. However, in the case of a settlement, the duty to indemnify and save harmless shall be
conditioned upon the approval of the amount of the settlement by the Board.
The duty to defend and/or indemnify and save harmless, in accordance with Section 18 of the
Public Officers Law, shall be conditioned upon the delivery by the employee to the BOCES attorney
or to the District Superintendent a written request to provide for his/her defense, together with the
original or a copy of any summons, complaint, process, notice, demand or pleading within ten (10)
days after he/she is served with such document. Pursuant to Section 18, the full cooperation of the
employee in the defense of such action or proceeding and in the defense of any action or proceeding
against BOCES based upon the same act or omission, and in the prosecution of any appeal, shall also
be required as a condition for BOCES duty to defend and/or indemnify and save harmless to exist.
Exceptions to Liability Coverage
Indemnification coverage and/or provision of legal defense by BOCES will not apply unless the
actionable claim is of the type covered by the statute(s) and/or is not otherwise exempt from coverage
pursuant to law. Additionally, indemnification coverage and/or the duty to provide a defense shall not
arise where such action or proceeding is brought by or on behalf of BOCES.
Public Officers Law Section 18
Education Law Sections 1709(26) and (34-b), 2560,
3023, 3028, and 3811
General Municipal Law Sections 6-n and 52
Adopted: 7/10/02
2002 5370
Personnel
SUBJECT: "DO NOT RESUSCITATE" (DNR) ORDERS
Any BOCES student, staff member or individual attending BOCES programs will have access to
emergency medical procedures that may be necessary to sustain life until such time as the transfer of
care for said individual to emergency medical personnel. Since Hospital Non-Hospital DNR orders
may only be acted upon by emergency service personnel, DNR orders will not be a part of the health
care services delivered by school medical personnel/staff.
Adopted: 7/10/02
2002 5380
Personnel
SUBJECT: REIMBURSEMENT FOR TRAVEL EXPENSE
Reasonable and necessary expenses involved in approved travel which is necessary for the
completion of an employee's assigned tasks will be reimbursable. The most appropriate means of
travel should be used.
Local approved travel expense shall be submitted at least monthly to BOCES on a regular travel
voucher.
Adopted: 7/10/02
2003 5390
Personnel
SUBJECT: EMPLOYEE COMPENSATION
Nonprofessional compensation shall be established annually with the salary for each
individual being adjusted accordingly.
Adopted: 5/14/03
2002 6000
Students
Oneida BOCES NUMBER
STUDENTS
(Section 6000)
ATTENDANCE
1.1 Comprehensive Student Attendance.......................................................................6110
1.2 Student Referral and Placement..............................................................................6120
1.3 Non-Resident Students ...........................................................................................6130
1.4 Pregnant/Married Students .....................................................................................6140
1.5 Summer School.......................................................................................................6150
STUDENT CONDUCT
2.1 Student Conduct......................................................................................................6210
2.1.1 Corporal Punishment/Physical Restraint ....................................................6211
2.1.2 Student Suspension .....................................................................................6212
2.2.1(i) Power to Suspend: Alternative Education Programs..................6212.1
2.2.1(ii) Program Exclusion.......................................................................6212.2
2.1.3 Loss or Destruction of BOCES Property or Resources ..............................6213
2.1.4 Student Dress Code.....................................................................................6214
2.2 Alcohol, Drugs and Other Substances ....................................................................6220
2.3 Searches and Interrogations ....................................................................................6230
2.4 Weapons in School .................................................................................................6240
2.4.1 Gun-Free Schools Policy ............................................................................6241
2.5 Vehicle Safety.........................................................................................................6250
2003 6000
Students
Oneida BOCES NUMBER
STUDENTS
(Section 6000)
STUDENT PROGRESS
3.1 Student Evaluation..................................................................................................6310
3.1.1 Provision of Interpreter Services to Parents
Who Are Hearing Impaired ........................................................................6311
3.2 Student Records: Access and Challenge................................................................6320
3.2.1 Custodial/Noncustodial Parents..................................................................6321
STUDENT WELFARE
4.1 Immunization of Students.......................................................................................6410
4.2 Accidents/First Aid Treatment................................................................................6420
4.3 Child Abuse and Neglect ........................................................................................6430
4.4 Sexual Harassment (Students) ................................................................................6440
4.5 Student Health Services
4.5.1 Human Immunodeficiency Virus (HIV) Related Illnesses.........................6451
4.5.2 Administering Medication ..........................................................................6452
4.6 Equal Educational Opportunity ..............................................................................6460
4.6.1 Complaints and Grievances by Students ....................................................6461
4.7 Student Directory Information................................................................................6470
4.8 Notification of Sex Offenders.................................................................................6480
2003 6000
Students
Oneida BOCES NUMBER
STUDENTS
(Section 6000)
Military Recruiters’ Access to High School Students and .....................................6481
Information on Students
Student Privacy, Parental Access to Information, and............................................6482
Administration of Certain Physical Examinations to Minors
Student Individualized Education Program (IEP): .................................................6483
Development and Provision
Safe Public School Choice Option to Students Who Are.......................................6484
Victims of a Violent Criminal Offense
STUDENT ACTIVITIES
5.1 Censorship of Non-School Student Publications....................................................6510
5.2 Student Clubs Sponsored through Oneida BOCES ...............................................6520
5.3 Student Funds .........................................................................................................6530
5.4 Policy on Constitutionally Protected Prayer in the Schools………………………6540
2002 6110
1 of 8
Students
SUBJECT: COMPREHENSIVE STUDENT ATTENDANCE
Philosophy
The Board of Education, in accordance with Section 104.1(c) of the regulations of the
Commissioner of Education, established this comprehensive attendance policy. The objectives of this
policy are to ensure the maintenance of an adequate record verifying the attendance of all children, to
establish a mechanism to examine patterns of pupil absence and to develop effective intervention
strategies to improve school attendance.
Policy
The Board, administration and staff of Oneida-Herkimer-Madison BOCES recognize that regular
classroom attendance is an essential part of a successful educational program and that there is a critical
relationship between academically engaged time and student performance.
Objectives:
a) To increase school completion for all students;
b) To raise student achievement and close gaps in student performance;
c) To identify attendance patterns in order to design attendance improvement efforts;
d) To know the whereabouts of every student for safety and other reasons;
e) To verify that individual students are complying with education laws relating to
compulsory attendance; and
f) To determine the Oneida-Herkimer-Madison BOCES average daily attendance for State aid
purposes.
Expectations for Good Attendance
a) Students are expected to attend scheduled classes. The insistence on good attendance serves as a
clear and constant reminder of the importance of attendance in instruction, enabling the student
to:
1. Learn subject matter and earn good grades,
2. Develop responsible work and study habits, and
(Continued)
2002 6110
2 of 8
Students
SUBJECT: COMPREHENSIVE STUDENT ATTENDANCE (Cont'd.)
3. Prepare for the world of work.
b) Under New York State Education Law Section 3205, parents are responsible for the regular
attendance of their children for instruction.
Description of Strategies to Meet Objectives
Oneida-Herkimer-Madison BOCES will:
a) Create and maintain a positive school culture by fostering a positive physical and
psychological environment where the presence of strong adult role models encourages
respectful and nurturing interactions between adults and students. This positive school
culture is aimed at encouraging a high level of student bonding to the school, which in turn
should lead to increased attendance.
b) Maintain accurate record keeping via a Register of Attendance to record attendance,
absence, tardiness or early departure of each student.
c) Utilize data analysis systems for tracking individual student attendance and individual and
group trends in student attendance problems.
d) Develop early intervention strategies to improve school attendance for all students.
Determination of Excused and Unexcused Absences, Tardiness and Early Departures
Based upon Oneida-Herkimer-Madison BOCES education and community needs, values and
priorities, the School District has determined that absences, tardiness and early departures will be
considered excused or unexcused according to the following standards.
Excused
"Excused absence/tardy" include personal illness, serious illness or death in the family,
impassable roads due to weather conditions, religious observance, quarantine, court appearances,
attendance at health clinics, approved cooperative work programs, approved college visits, military
obligations, disciplinary detention of an incarcerated youth or any other reason approved by the
Commissioner.
All instances of an excused absence/tardy require a written parent/guardian excuse. The excuse
must identify the date/time of absence, reason for absences, tardiness or early departure and be signed
by a parent or guardian. Students failing to present an excuse prior to an early departure or upon
reporting back to school following an absence or tardiness will be subject to a consequence. An
absence will count as unexcused if documentation is not provided. Subsequent offenses will result in
progressive discipline.
(Continued)
2002 6110
3 of 8
Students
SUBJECT: COMPREHENSIVE STUDENT ATTENDANCE (Cont'd.)
Unexcused
Absences not mentioned above are "unexcused absences" including but not limited to vacation,
shopping, baby-sitting, haircut, obtaining a learner's permit, driver's road test, oversleeping, needed at
home, cold weather or missing the bus. Any reason not listed as excused shall be deemed unexcused
unless the Building Principal determines otherwise. The two categories of unexcused absence/tardy
are:
a) Unlawful Detention: Unlawful detention occurs when the pupil is absent with the
knowledge and consent of his/her parent/guardian for other than an excused absence/tardy.
b) Truancy: A student who is absent from school without the consent of a parent/guardian is
considered to be truant.
Responsibility for Good Attendance
Successful implementation of this policy requires cooperation among all members of the
educational community, including parents, students, teachers, administrators and all staff members.
a) Parent/Guardian Responsibility
1. It is the responsibility of parents/guardians to ensure that their children attend school
regularly and on time.
2. When a student is absent or tardy from school, parents/guardians must contact the school to
report the absence and/or provide appropriate excuses when required (doctor's verification).
3. Parents/guardians must provide an explanation of the absence/tardy for their child to be
turned in to their designated attendance officer or homeroom teacher upon the student's
return/arrival to school.
4. Parents are required to provide their current home address, telephone number, emergency
number(s) and a list of adults to contact in the event of an emergency.
b) Student Responsibilities
1. Students must attend school daily and be on time.
2. Students must attend all classes and participate fully.
(Continued)
2002 6110
4 of 8
Students
SUBJECT: COMPREHENSIVE STUDENT ATTENDANCE (Cont'd.)
3. Students are expected to make timely arrangements with their teachers to make up
assignments and class work they have missed during their absence.
c) Teacher/Staff Responsibilities
1. Teachers are responsible for maintaining accurate attendance reports and for referring
chronic absentees/tardies for review by the Building Principal and/or designee.
2. Teachers and other appropriate staff members (e.g., school nurse, social worker, guidance
counselor, and attendance officer) shall be responsible for preliminary contact with parents
and students to discuss the situation of absenteeism/tardiness and devise a plan of
improvement.
3. Teachers and school personnel will continually stress to students the importance of
promptness and regular attendance in all of their classes. Teachers can make a difference
in the attendance habits of most of their students. Phone calls to parents or guardians
supporting attendance expectations are encouraged.
d) Administrative Responsibilities
1. The Principal and/or designee are responsible for implementing the attendance policy.
2. The Principal and/or designee are responsible for identifying students who require
alternative services and/or programs for absences or tardiness.
Activities to Support Good Attendance:
a) The implementation of an effective and efficient student attendance system, that is, one that is
accurately recorded, consistently maintained and fairly administered;
b) The provision of prompt service to pupils in need of help as soon as a need is suspected;
c) The establishment of cooperative relationships between parents and other members of the staff in
the interest of the child;
d) The establishment of cooperative relationships with other community agencies which serve
families of pupils with attendance problems; and
e) The maintenance of an effective policy that encourages student attendance and is in compliance
with the Commissioner's Regulations and rulings.
(Continued)
2002 6110
5 of 8
Students
SUBJECT: COMPREHENSIVE STUDENT ATTENDANCE (Cont'd.)
Intervention
a) The objectives of intervention strategies are to identify the causes(s) of absenteeism or tardiness,
to reduce absenteeism or tardiness and to circumvent the need for action in the courts (PINS
petitions).
b) Teachers and other appropriate staff members (i.e., school nurse, social worker, guidance
counselor, and attendance officer) shall be responsible for preliminary contact with parents and
students to discuss the situation of absenteeism/tardiness and devise a plan of improvement.
c) The Building Principal, based upon the referrals of teachers/social workers and the established
attendance records, shall identify intervention strategies. Such strategies may include, but are
not limited to:
1. Communication with the parent/guardian;
2. Counseling and other support services;
3. Mentoring;
4. Progressive disciplinary action;
5. Related community service; and
6. PINS diversion/petition.
Incentives
The commissioner has recommended that all Districts and the Oneida-Herkimer-Madison
BOCES implement an incentive program to improve attendance.
Attendance Incentives
In order to encourage student attendance, Oneida-Herkimer-Madison BOCES will develop and
implement grade-appropriate/building-level strategies and programs that may include, but are not
limited to (examples only):
a) Attendance honor rolls to be posted in prominent places in Oneida-Herkimer-Madison
BOCES buildings and included in the Oneida-Herkimer-Madison BOCES newsletters and,
with parent/person in parental relation consent, in community publications;
(Continued)
2002 6110
6 of 8
Students
SUBJECT: COMPREHENSIVE STUDENT ATTENDANCE (Cont'd.)
b) Monthly drawings for prizes at each grade level to reward perfect attendance;
c) Special events (e.g., assemblies, guest speakers, field days scheduled on days that
historically have high absenteeism [e.g., Mondays, Fridays, day before vacation]);
d) Rewards at each building for best attendance;
e) Classroom acknowledgement of the importance of good attendance (e.g., individual
certificates, recognition chart, bulletin boards);
f) Annual poster/essay contest on importance of good attendance;
g) Assemblies collaboratively developed and promoted by student council, administration and
other community groups to promote good attendance.
Disciplinary Sanctions
a) When other forms of intervention fail, nonacademic sanctions, including the loss of privileges
(e.g., denial or participation in extracurricular activities) may be imposed.
b) Unexcused absences and tardiness may properly be the basis for disciplinary action. The use of
detentions and in-school suspensions related to unexcused absence/tardy from school is
authorized by the Oneida-Herkimer-Madison BOCES' Code of Conduct.
Coding System for Absences
a) The coding of student absences, tardiness and early departures allows the administration to
decipher patterns of behavior and to develop specific intervention efforts as early as possible.
b) Attendance Record Keeping Requirements
1. Register of attendance must set forth at least the following:
(a) Name,
(b) Date of birth,
(c) Full names of parents or guardians,
(d) Address where pupil resides,
(e) Phone number where parents or guardian may be contacted,
(f) Date of enrollment,
(Continued)
2002 6110
7 of 8
Students
SUBJECT: COMPREHENSIVE STUDENT ATTENDANCE (Cont'd.)
(g) Record of attendance on each day of scheduled instruction,
(h) Must list whether each student is present, absent, tardy or has departed early,
(i) For grades where students change location for instruction periods, attendance must be
taken in each period,
(j) For grades where students do not change classrooms, attendance must be taken each
day,
(k) If students are dismissed from school grounds for lunch, attendance must be taken
after lunch,
(l) Must indicate date when pupil withdraws from enrollment or is dropped from
enrollment.
2. The District's coding system consists of the following:
P Present
FE Full day excused absence
HE Half day excused absence
FU Full day unexcused absence
HU Half day unexcused absence
CE Class excused absence
CU Class unexcused absence
TE Tardy/excused
TU Tardy/unexcused
DE Departed early excused
DU Departed early unexcused
3. BOCES designates the classroom teacher to supervise the keeping of the register.
4. BOCES designates the Attendance Officer to supervise the keeping of the school-wide
register.
5. Attendance records will be reviewed by the Building Principal and designee.
Notification
Written notification to parents regarding unexcused student absences, tardiness or early
departures, will take place at prescribed intervals and will include information that resource/support
personnel are available.
(Continued)
2003 6110
8 of 8
Students
SUBJECT: COMPREHENSIVE STUDENT ATTENDANCE (Cont'd.)
Implementation and Review
a) The Superintendent shall review building level pupil attendance records and make
recommendations to the Board for any revisions the Board shall deem necessary to improve
pupil attendance.
b) The Superintendent shall provide a plain language summary included in the Code of Conduct of
this policy to parents/persons in parental relation at the beginning of each school year and take
other steps to promote the understanding of such policy.
c) The Superintendent shall provide each teacher with a copy of this policy which will be included
in the Code of Conduct after approval/amendment and provide new teachers with a copy upon
employment.
d) Copies of this policy shall be made available upon request to any member of the community.
The Oneida-Herkimer-Madison BOCES will follow the present procedures for recommending
course credit in each of the Instructional Services programs presently being implemented in Career
Tech, Special Education, Alternative Education, SABA and the Regional Program for Excellence.
BOCES programs will follow the individual policies established for course credit based upon
component school district recommendations.
Adopted: 3/12/03
2002 6120
Students
SUBJECT: STUDENT REFERRAL AND PLACEMENT
Student Referral
The BOCES strives to provide optional educational opportunities for referred students, including
students with unique educational needs. Participation in BOCES programs augments local district
educational opportunities. Referral to BOCES programs is made by the home school district.
Placement
Initial class placement of students in all BOCES Programs shall be the responsibility of
appropriate BOCES personnel in cooperation with home school district personnel. Class placements
shall take place only after all available information has been analyzed and the student has been
recommended by appropriate local school district personnel for such placement. All class placements
shall be administered and conducted in accordance with accepted practices and the Education Laws
and Regulations of the Commissioner.
Class placement within a program (i.e., section or classroom) shall be determined by the
appropriate BOCES administrator.
Placement of classified students shall follow the law and Commissioner's Regulations.
Adopted: 7/10/02
2002 6130
Students
SUBJECT: NON-RESIDENT STUDENTS
a) Students who live outside the twelve (12) component school districts shall be called "non-
resident students."
b) Students who reside outside the twelve (12) component school districts and desire to attend
BOCES classes shall initiate all contacts with BOCES through school district officials of their
home school district. Any authorization for non-resident attendance must carry the approval of
the local school district and the local BOCES in which the residence is located.
c) Non-resident tuition shall be established by the District Superintendent and shall be approved by
the Cooperative Board.
d) Students who move out of the Oneida BOCES boundaries during the school year may be given
permission to complete that year in attendance at BOCES at no additional charge.
Education Law Sections 2045 and 3202
Adopted: 7/10/02
2002 6140
Students
SUBJECT: PREGNANT AND MARRIED STUDENTS
The opportunity to participate in all of the services, programs, and activities of BOCES shall not
be restricted or denied because of pregnancy, parenthood, or marriage. BOCES students who are
pregnant, married, or who have children shall be encouraged to remain in BOCES programs, based
upon a physician's consent or written authorization. In this regard, the District Superintendent or
his/her designee may make those program modifications which are feasible and necessary to
accommodate the special needs of such students.
Adopted: 7/10/02
2002 6150
Students
SUBJECT: SUMMER SCHOOL
Summer School Enrollment In Driver Education
The student must be 16 years of age by July lst and have a valid learner's permit to be enrolled in
the BOCES summer school driver education course.
Summer School Attendance
A student with more than three absences in a particular course will be dropped from that course,
except for extenuating circumstances.
Adopted: 7/10/02
2002 6210
1 of 5
Students
SUBJECT: STUDENT CONDUCT
Students are defined as those individuals who are of normal school age and attend classes or
programs at this BOCES. Students who are part of a BOCES program that is based in a local school
district are accountable to the school conduct and discipline policy or policies of that local school
district.
Student Rights
Students of this BOCES shall have the rights afforded under the provisions of the federal and
state constitutions and the laws of the State of New York. It is recognized that a student's conduct out
of school cannot be regulated unless the educational community is affected by such conduct.
Student Responsibilities
Students are expected to attend regularly scheduled classes, to strive for achievement of
educational program goals, and to exhibit socially appropriate behaviors in order to develop the life
skills necessary to be a productive and satisfied member of society.
The following inappropriate behaviors will result in disciplinary action:
a) Being under the influence of an alcoholic beverage, drinking an alcoholic beverage or
being in possession of an alcoholic beverage on the school premises (including buildings or
grounds), or at a school function (such as VICA, DECA, etc.), or on a bus going to or from
a BOCES function.
b) The use, possession, sale or gift of any drug or illegal substance, or any instruments for the
use of such drugs or illegal substances while on the school premises (including buildings or
grounds), or at a school function (such as VICA, DECA, etc.), or on a bus going to or from
a BOCES function.
c) Stealing, lying, cheating, plagiarism, or other acts of dishonesty.
d) Verbal or physical intimidation.
e) Fighting or causing physical harm to another.
f) Attempting to, or committing, an act of violence upon a teacher, administrator, student or
other school employee.
g) Possession or use of firearms, knives or other weapons.
(Continued)
2002 6210
2 of 5
Students
SUBJECT: STUDENT CONDUCT (Cont'd.)
h) Failure to comply with the reasonable directions of a teacher, administrator or other school
employee.
i) Obstructing vehicular or pedestrian traffic.
j) Trespassing.
k) Computer/electronic communications misuse, including any unauthorized use of
computers, software or the Internet; accessing inappropriate websites; and any violations of
BOCES acceptable use policy.
l) Defamation, discrimination, intimidation or harassment of another person.
m) Using profane, vulgar or abusive language, words, or actions which may incite another
person.
n) Driving to or from the school premises in a personal vehicle without prior approval of
school officials and a parent(s)/guardian(s).
o) Selling, using or possessing obscene material.
p) Any conduct which disrupts the normal operation of a BOCES program.
q) Using any tobacco products on school premises (including buildings and grounds) or on a
bus going to or from a BOCES function.
r) Failure to comply with safety regulations.
s) Defacing or destroying school property or the property of other individuals.
t) Wearing clothing and jewelry that presents a safety hazard in class.
u) Wearing clothing that displays obscene or vulgar writing or symbols.
v) Failure to wear all safety equipment and attire as required by OSHA for vocational-
technical education.
(Continued)
2002 6210
3 of 5
Students
SUBJECT: STUDENT CONDUCT (Cont'd.)
Disciplinary Actions
The range of disciplinary action that may be imposed for any of the inappropriate behavior(s)
above is:
a) verbal warning;
b) written warning;
c) written notification to parent;
d) probation;
e) reprimand;
f) detention;
g) suspension from transportation;
h) suspension from social or extracurricular activities;
i) suspension of other privileges;
j) in-house suspension;
k) involuntary transfer;
l) suspension;
m) time-out rooms.
In accordance with the Gun Free Schools Act of 1994 (20 U.S.C. 8001 et seq.), the punishment
for possession of a firearm shall be a suspension from attendance upon instruction for a period of not
less than one year, unless the District Superintendent shall determine to modify such punishment. The
District Superintendent's determination shall be on a case-by-case basis. (Also see Policy #6241 --
Gun-Free Schools Policy.).
Role of Teachers, Administrators, Board and Parents
Teachers are expected to review elements of this policy with students, and to take into account
the level of student ability in the review and interpretation of those elements.
The type and extent of disciplinary action shall be determined by the Program
Coordinator/Principal/Director or District Superintendent or his designee. All school personnel are
required to report such inappropriate behaviors to an immediate Supervisor and/or Program
Coordinator/Principal/Director. Disciplinary action shall be appropriate to the seriousness of the
offense and, where applicable, to the previous disciplinary record of the student. Any suspension from
attendance upon instruction may be imposed only in accordance with Section 3214 of Education Law.
(Continued)
2002 6210
4 of 5
Students
SUBJECT: STUDENT CONDUCT (Cont'd.)
Administrators have general responsibility to insure that this policy is followed and enforced.
Administrators shall conduct the appropriate investigation to determine if the policy has been violated
and shall act in accordance with this policy and applicable laws. Administrators shall work
cooperatively with home school districts to insure that disciplinary actions are consistent insofar as
possible with local district policies.
Parents are expected to assist teachers, support personnel and administrators in effectively
implementing this policy.
Board members and school personnel shall advise the District Superintendent of recommended
changes in the policy.
Procedure for the Early Identification and Resolution of Discipline Problems
Student service personnel, administrators, teachers and others shall report to the appropriate
administrator students who are having problems or appear to be having problems relating to this
policy. Parents are invited to advise the administration of concerns they may have regarding their
children and pertaining to this policy.
When the Program Coordinator/Principal/Director/Administrator is aware of, or has received a
report from pupil service personnel, administrators, teachers, students or parents, the administrator
shall conduct whatever inquiry he/she considers appropriate. Such inquiry shall include, where
appropriate, notification of the home school principal.
If the administrator, after such inquiry, considers that there is a basis for concern, he/she shall
arrange to have a meeting with the parents and appropriate staff members (including home school
personnel as necessary) to review the matter and develop a plan to resolve the discipline problem(s).
Any behavior that is being reviewed by the appropriate Program Coordinator/Principal/Director,
and that is suspected to be related to a handicapping condition as defined in Part 200 of the
Regulations of the Commissioner, shall be referred by the Program Coordinator/Principal/Director to
the home school district Committee on the Handicapped in writing for possible educational placement
change or program modification. If the Committee on the Handicapped determines that the conduct is
not a result of the handicapping condition, the Program Coordinator/Principal/Director shall
implement appropriate disciplinary action.
(Continued)
2002 6210
5 of 5
Students
SUBJECT: STUDENT CONDUCT (Cont'd.)
Alternative Educational Programs
BOCES programs are extensions of the home school programs, and in several cases they serve as
alternative programs. BOCES programs include, but are not limited to:
a) Career and Technical Education
b) World of Work Programs
c) Work/Study Programs
d) Special Education; Options I through IV
e) Teen Pregnancy/Parenting Program
f) High School Equivalency Programs
Guidelines for Inservice Education
The District Superintendent shall insure that all teachers, professional support personnel, and
administrators receive a copy of this policy at least annually. In addition, all affected personnel will
be given an opportunity to receive clarification and interpretation of the elements of this policy.
Normally, such clarification and interpretation will be part of regularly scheduled staff meetings at
least once during each school year.
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(1)
NOTE: Refer also to Policies #6212 -- Student Suspension and #7121 -- Discipline of Students
with Disabilities.
Adopted: 7/10/02
2002 6211
1 of 2
Students
SUBJECT: CORPORAL PUNISHMENT/PHYSICAL RESTRAINT
Corporal Punishment
Corporal punishment as a means of discipline shall not be used against a student by any teacher,
administrator, officer, employee or agent of BOCES.
However, if alternative procedures and methods which would not involve physical force do not
work, then the use of reasonable force is not prohibited for the following reasons:
a) To protect oneself from physical injury;
b) To protect another student or teacher or any other person from physical injury;
c) To protect the property of the school or of others; or
d) To restrain or remove a student whose behavior is interfering with the orderly exercise and
performance of school district functions, powers or duties, if that student has refused to
comply with a request to refrain from further disruptive acts; provided that alternative
procedures and methods not involving the use of physical force cannot reasonably be
employed to achieve the purposes set forth above.
Whenever a school employee uses physical force against a student, the school employee shall,
within the same school day, make an immediate written report to his/her supervisor describing in
detail the circumstances and the nature of the action taken.
The District Superintendent shall submit a written semi-annual report to the Commissioner of
Education, with copies to the Board, by January 15 and July 15 of each year, setting forth the
substance of each written complaint about the use of corporal punishment received by school
authorities during the reporting period, the results of each investigation, and the action, if any, taken
by the school authorities in each case.
Physical Restraint
The Board of Cooperative Educational Services holds the belief that the classroom teacher is the
key person responsible for the maintenance of acceptable discipline among students. A well-planned
program that keeps students occupied with work that is meaningful, interesting and challenging is the
best means of preventing disruptive behavior by students. The Board recognizes, however, that under
certain circumstances, a classroom teacher, supervisor or administrator may find it necessary to resort
to reasonable and prudent physical restraint in maintaining order in or on school premises.
Accordingly, the following actions by a teacher are herewith authorized:
(Continued)
2002 6211
2 of 2
Students
SUBJECT: CORPORAL PUNISHMENT/PHYSICAL RESTRAINT (Cont'd.)
a) Physical restraint which may be used to prevent threatened assault, self-inflicted harm or
physical injury to other students or personnel;
b) Physical restraint which may be used to prevent damage to school or BOCES property.
Education Law Sections 3029 and 3811
Penal Law Section 35.10
Rules of the Board of Regents Section 19.5
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(1)(3)
Adopted: 7/10/02
2002 6212
Students
SUBJECT: STUDENT SUSPENSION
A BOCES supervisor or BOCES building principal recommends to the District
Superintendent/designee any suspension that he/she might deem necessary for students on BOCES
attendance registers.
Building principals where special education classes are held may suspend students. The
principal and/or the principal of special education should take appropriate action and notify the
BOCES special education office.
In the vocational center, the principal will recommend to the District Superintendent suspending
the student from the center and returning him/her to the school of attendance.
A teacher may not suspend a child for disciplinary reasons. All such suspensions are handled
through the program principal. If a child does become unmanageable, the principal may call the
parent to take the child home, notifying the home school.
The exception to these policies is the care of the occupational skills students and the authority of
the occupational skills principal. Policy regarding OSP and 7-12 alternative program student
suspension is dealt with in a separate policy.
Education Law Section 3214(3)
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(1)
NOTE: Refer also to Policies #6210 -- Student Conduct; #6212.1 -- Power to Suspend: Alternative
Education Programs and #7121 -- Discipline of Students with Disabilities.
Adopted: 7/10/02
2002 6212.1
Students
SUBJECT: POWER TO SUSPEND: ALTERNATIVE EDUCATION PROGRAMS
Pursuant to New York State Education Law, Section 3214, the Board of Cooperative
Educational Services empowers the principals responsible for alternative programs to temporarily
suspend the following minors from required attendance:
a) A student who is insubordinate, disorderly, disruptive or whose conduct otherwise
endangers the safety, health, morals or welfare of him/herself or other minors.
b) A minor whose physical or mental condition endangers the health, safety, morals or
welfare of him/herself or of other minors.
Said suspension is not to exceed five (5) school days.
Said suspension shall immediately be reported to the office of the Assistant Superintendent for
Instruction.
In every case the parent/legal guardian and building principal of the component district of
residence of the student shall be notified immediately.
Adopted: 7/10/02
2002 6212.2
Students
SUBJECT: PROGRAM EXCLUSION
The Alternative Program Principals may recommend to the District Superintendent and home
district Superintendent any student for program exclusion based upon the following circumstances:
a) Continued or repeated incidents of insubordination, disorderly and/or disruptive behavior
or conduct otherwise endangering the safety, health, morals or welfare of him/herself or
other minors in school and/or at the job site.
b) Violation of the Oneida BOCES Alcohol and Drug Policy.
c) Unemployability resulting from incidents of theft, vandalism, assault, lack of attendance
and/or other circumstances.
Adopted: 7/10/02
2002 6213
Students
SUBJECT: LOSS OR DESTRUCTION OF DISTRICT PROPERTY OR RESOURCES
Oneida BOCES is authorized to seek restitution, through civil action when necessary, from the
parent or guardian of an unemancipated student over the age of ten (10) and under the age of eighteen
(18) where such student:
a) Has willfully, maliciously, or unlawfully damaged, defaced or destroyed real or personal
property in the care, custody and/or ownership of the BOCES; or
b) Has knowingly entered or remained in a BOCES building, and wrongfully taken, obtained
or withheld personal property owned or maintained by the BOCES.
In instances where the BOCES has sought and obtained a judgment from a court of competent
jurisdiction, parent/guardian liability for civil damages shall not exceed $5,000. Under certain
circumstances, prior to the entering of a judgment in a sum total of $500 or more, a court may consider
the parent's or guardian's financial inability to pay any portion or all of the amount of damages which
are in excess of $500, and enter a judgment in an amount within the financial capacity of the parent or
guardian. However, no such judgment shall be entered for an amount which is less than $500.
False Reporting of an Incident and/or Placing a False Bomb
Oneida BOCES is also authorized to seek restitution, as described in law, from a parent or
guardian of an unemancipated student over the age of ten (10) and under the age of eighteen (18)
where such student:
a) Has falsely reported an incident; or
b) Has placed a false bomb as defined in the New York State Penal Law.
Damages for falsely reporting an incident or placing a false bomb shall mean the funds
reasonably expended by Oneida BOCES in responding to such false report of an incident or false
bomb, less the amount of any funds which has been or will be recovered from any other source as
enumerated in law.
In seeking restitution, Oneida BOCES shall file with the court, district attorney and defense
counsel an affidavit stating that the funds reasonably expended for which restitution is being sought
have not been and will not be recovered from any other source or in any other civil or criminal
proceeding, except as provided for pursuant to General Obligations Law Section 3-112.
General Obligations Law Section 3-112
Penal Law Section 60.27
Adopted: 7/10/02
2002 6214
Students
SUBJECT: STUDENT DRESS CODE
The responsibility for the dress and appearance of students shall rest with individual students and
parents. They have the right to determine how the student shall dress, provided that such attire is not
destructive to school property, complies with requirements for health and safety, and does not interfere
with the educational process or impinge upon the rights of others. All students are expected to give
proper attention to personal cleanliness and to dress appropriately and acceptably for school and
school functions. The administration is authorized to take action in instances where individual dress
does not meet these stated requirements.
While the school administration may require students participating in physical education classes
to wear certain types of clothing such as sneakers, socks, shorts and tee shirts, the administration may
not prescribe a specific brand which students must buy.
This policy does not mean that student, faculty or parent groups may not recommend appropriate
dress for school or special occasions. It means that a student shall not be prevented from attending
school or a school function, or otherwise be discriminated against, so long as his/her dress and
appearance meet the above requirements.
Adopted: 7/10/02
2002 6220
1 of 3
Students
SUBJECT: ALCOHOL, DRUGS AND OTHER SUBSTANCES (STUDENTS)
The Board of Cooperative Educational Services encourages cooperation with other community
agencies and groups in preventing drug and alcohol abuse. Provision shall be made for instructing
employees and students in alcohol, drug and tobacco abuse and prevention. All laws pertaining to
drug and alcohol use and possession shall be honored by students, adults, and adult students while on
BOCES premises or at BOCES-sponsored activities, regardless of the location of the activity.
The Board recognizes that the issue of drugs and/or alcohol is a serious problem with legal,
physical, emotional and social implications for the entire community. Therefore, the manufacture,
distribution, consumption, sharing and/or selling, use and/or possession of alcoholic beverages, illegal
drugs, counterfeit and designer drugs, or paraphernalia for the use of such drugs is prohibited on
BOCES premises and at BOCES-sponsored activities, regardless of the location, at all times. In cases
of special education students, the policy of the host district will be followed. The inappropriate use of
prescription and over-the-counter drugs shall also be disallowed. Persons shall be banned from
entering BOCES premises or school-sponsored events when exhibiting behavioral, personal or
physical characteristics indicative of having used or consumed alcohol or other substances.
Through the collaborative efforts of staff, students, parents/guardians and the community as a
whole, a certifiable comprehensive program shall be developed addressing alcohol and other
substances to include the following elements:
Primary Prevention
Preventing or delaying alcohol and other substance use/abuse by students shall be the major
focus of a comprehensive program in which proactive measures of prevention and early intervention
are emphasized. This program shall include:
a) A sequential curriculum that will be developed and incorporated into the total educational
process. This curriculum shall be concerned with education and prevention in all areas of
alcohol and other substances uses/abuse;
b) Training school personnel and parents/guardians to reinforce the components of the policy
through in-service and community education programs with up-to-date factual information
and materials.
c) An effort to provide positive alternatives to alcohol and other substances use/abuse through
the promotion of drug/alcohol-free special events, service projects and extracurricular
activities that will develop a positive peer influence.
(Continued)
2002 6220
2 of 3
Students
SUBJECT: ALCOHOL, DRUGS AND OTHER SUBSTANCES (STUDENTS)
Drug and Alcohol-Free Education and Prevention Program
In support of the Board's interest in the health and well-being of BOCES students and
employees, and its commitment to a drug and alcohol-free learning and work environment, provision
shall be made for a "Drug and Alcohol-Free Education and Prevention Program" for students and
employees. (Refer also to Policy #7113 -- Prevention Instruction.)
Intervention
School-based intervention services shall be made available to all students and provided by
prevention professionals who are appropriately trained in this area. The purpose of intervention is to
eliminate any existing use/abuse of alcohol and other substances and to identify students considered to
be at risk for use/abuse. Intervention programming shall include:
a) Counseling of students in groups and as individuals on alcohol and other substance
use/abuse. Counselors shall be appropriately trained and skilled school staff assigned for
this purpose.
b) Referring students to community or other outside agencies when their use/abuse of alcohol
and other substances requires additional counseling or treatment. Referral is a key link in
school and community efforts and the process is basic to the dissemination of information
regarding available counseling and health services.
c) Providing a supportive school environment designed to continue the recovery process for
students returning from treatment. A re-entry program may include continuing student
and/or family counseling and emphasizing positive alternatives to alcohol and other
substance use/abuse.
d) Developing a parent network to serve as a support group and provide a vehicle of
communication for parent education.
e) Ensuring confidentiality as required by state and federal law.
Disciplinary Measures
Disciplinary measures for students manufacturing, distributing, consuming, sharing and/or
selling, using and/or possessing alcoholic beverages, illegal drugs, counterfeit and designer drugs, or
paraphernalia for the use of such drugs shall be outlined in a Bill of Student Rights and
Responsibilities.
(Continued)
2002 6220
3 of 3
Students
SUBJECT: ALCOHOL, DRUGS AND OTHER SUBSTANCES (STUDENTS)
Staff Development
There shall be ongoing training of BOCES staff about the components of an effective alcohol
and other substances program. Training shall include, but not be limited to, Board policies and
regulations and the staff's role in implementing such policies and regulations. Teachers shall be
trained to implement the alcohol and other substance prevention curricula; intervention staff shall be
suitably trained to carry out appropriate services.
Implementation, Dissemination and Monitoring
It shall be the responsibility of the District Superintendent to implement the alcohol and other
substances Board policy by collaboration with appropriate individuals including school personnel,
students and parents/guardians.
Additionally, copies of Board policy shall be disseminated to BOCES staff and
parents/guardians. The District Superintendent shall biennially review the drug and alcohol abuse
prevention program to determine its effectiveness and support appropriate modifications, as needed.
Drug-Free Schools and Communities Act
Amendment of 1989 (Public Law 101-226)
NOTE: Refer also to Policy #5160 -- Alcohol, Drugs and Other Substances (School Personnel).
Adopted: 7/10/02
2002 6230
1 of 3
Students
SUBJECT: SEARCHES AND INTERROGATIONS
Students are protected by the Constitution from unreasonable searches and seizures. A student
may be searched and contraband seized on school grounds or in a school building by a school
employee only when the employee has reasonable suspicion to believe the student is engaging in
proscribed activity which is in violation of school rules and/or illegal.
Factors to be considered in determining whether reasonable suspicion exists to search a student
include:
a) The age of the student;
b) The student's record and past history;
c) The predominance and seriousness of the problem in the school where the search is
directed; and
d) The urgency to conduct the search without delay.
If reasonable suspicion exists to believe that a student possesses a weapon, it is permissible for
an employee to frisk that student.
Lockers
Lockers are provided by the school for student use and the administration has the right to search
lockers. A student may have exclusive use of a locker as far as other students are concerned but
he/she does not have such exclusivity over the locker as against the school authorities.
Questioning of Students by School Officials
School officials have the right to question students regarding any violations of school rules
and/or illegal activity. In general, administration may conduct investigations concerning reports of
misconduct which may include, but are not limited to, questioning students, staff, parents/guardians, or
other individuals as may be appropriate and, when necessary, determining disciplinary action in
accordance with applicable due process rights.
Should the questioning of students by school officials focus on the actions of one particular
student, the student will be questioned, if possible, in private by the appropriate school administrator.
The student's parent/guardian may be contacted; the degree, if any, of parental/guardian involvement
will vary depending upon the nature and the reason for questioning, and the necessity for further
action which may occur as a result.
(Continued)
2002 6230
2 of 3
Students
SUBJECT: SEARCHES AND INTERROGATIONS (Cont'd.)
The questioning of students by school officials does not preclude subsequent
questioning/interrogations by police authorities as otherwise permitted by law. Similarly, the
questioning of students by school officials does not negate the right/responsibility of school officials to
contact appropriate law enforcement agencies, as may be necessary, with regard to such statements
given by students to school officials.
School officials acting alone and on their own authority, without the involvement of or on behalf
of law enforcement officials (at least until after the questioning of students by school authorities has
been conducted) are not required to give the so-called "Miranda warnings" (i.e., advising a person,
prior to any custodial interrogations as defined in law, of the right to remain silent; that any statement
made by the individual may be used as evidence against him/her; and that the individual has the right
to the presence of an attorney, either retained or appointed) prior to the questioning of students.
If deemed appropriate and/or necessary, the District Superintendent/designee may also review
the circumstances with BOCES legal counsel so as to address concerns and the course of action, if
any, which may pertain to and/or result from the questioning of students by school officials.
Law Enforcement Officials
It shall be the policy of the Board that a cooperative effort shall be maintained between the
school administration and law enforcement agencies. Law enforcement officials may be summoned in
order to conduct an investigation of alleged criminal conduct on school premises or during a school-
sponsored activity, or to maintain the educational environment. They may also be summoned for the
purpose of maintaining or restoring order when the presence of such officers is necessary to prevent
injury to persons or property.
Administrators have the responsibility and the authority to determine when the assistance of law
enforcement officers is necessary within their respective jurisdictions. BOCES administrators shall at
all times act in a manner that protects and guarantees the rights of students and parents.
Interrogation of Students by Law Enforcement Officials
If police are involved in the questioning of students on school premises, then a member of the
administration must be present at all times. The questioning of the student by police, whether or not at
the request of school authorities, will be in accordance with applicable law and due process rights
afforded students. Generally, police authorities may only interview students on school premises
without the permission of the parent/guardian in situations where a warrant has been issued for the
student's arrest (or removal) or the questioning of students concerns a crime committed on school
property. If the police wish to speak to a student without a warrant, they should take the matter up
directly with the student's parent/guardians.
(Continued)
2002 6230
3 of 3
Students
SUBJECT: SEARCHES AND INTERROGATIONS (Cont'd.)
Family Court Act Section 1024
Education Law Sections 1709(2) and (33) and 2801
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(1)
Adopted: 7/10/02
2002 6240
Students
SUBJECT: WEAPONS IN SCHOOL
It shall be unlawful for any person to knowingly possess an instrument or weapon in which the
propelling force is a spring, air, piston or C02 cartridge upon school grounds or in any BOCES
building without the express written authorization of the District Superintendent or his/her designee.
Unlawful possession of a weapon upon school grounds may be a violation of the New York State
Penal Law, and is a violation of BOCES policy and the Code of Conduct.
The Code of Conduct defines a weapon as firearm (the term "firearm" as used in Section IV
subsection (B)(2)(h) as defined in 18 U.S.C.A. Section 921(3) shall include any weapon, including a
starter gun, which will or is designed to or may readily be converted to expel a projectile by the action
of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or
any destructive device. The term "destructive device" means any explosive, incendiary, or poison gas,
bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an
explosive or incendiary charge of more than one-quarter ounce, mine or any device similar to any of
those devices already described in this paragraph. Except that "destruction device" shall not mean any
device not designed or redesigned for use as a weapon.) as defined in 18 U.S.C. 921 for purposes of
the Gun-Free Schools Act.
A weapon also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun,
disguised gun, dagger, dirk, razor, stiletto, switchblade knife, gravity knife, pocket knife, brass
knuckles, sling shot, metal knuckle knife, box cutter, cane sword, electronic dart gun, paint ball gun,
pellet gun, Kung Fu star, electronic stun gun, pepper spray or other noxious spray, explosive or
incendiary bomb, or any other device, instrument, material or substance that can cause physical injury
or death when used to cause physical injury or death.
NOTE: Refer also to Policies #2411 -- Unlawful Possession of a Weapon Upon School Grounds
and #6241 -- Gun-Free Schools.
Adopted: 7/10/02
2002 6241
1 of 3
Students
SUBJECT: GUN-FREE SCHOOLS POLICY
No student shall bring onto BOCES premises or have in his/her possession on BOCES premises
or bring to any setting that is under the control and supervision of the BOCES, any "firearm" as
defined in federal law. The terms "BOCES premises" or "BOCES property" shall mean property
owned or leased by BOCES and shall also include BOCES activities off premises, such as field trips.
For purposes of this policy, the term "firearm" includes any weapon (including a starter gun) which
will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
the frame or receiver of such weapon; any firearm muffler or silencer; or any "destructive device" (i.e.,
any explosive, incendiary, or poison gas, including bombs, grenades, rockets or other similar devices).
The term does not include a rifle which the owner intends to use solely for sporting, recreational or
cultural purposes; antique firearms; or Class C common fireworks.
In accordance with the Gun-Free Schools Act of 1994 and Section 3214(3)(d) of the Education
Law, any student who brings a firearm, as defined in federal law, onto BOCES property, or has such a
firearm in his/her possession on BOCES premises, or brings such a firearm to any setting that is under
the control or supervision of the BOCES, will be referred by the District Superintendent to the
appropriate agency or authority for a juvenile delinquency proceeding in accordance with Article 3 of
the Family Court Act when the student is under the age of sixteen and will be referred by the District
Superintendent to the appropriate law enforcement officials when the student is sixteen years of age or
older.
In addition, any student attending a BOCES school who has been found guilty of bringing a
firearm to school, after a hearing has been provided pursuant to Section 3214 of the Education Law,
shall be suspended for a period of not less than one calendar year and any student attending a non-
district school who participates in a program operated by the BOCES using funds from the Elementary
and Secondary Education Act of 1965 who is determined to have brought a firearm to a BOCES
school or other premises used by the BOCES to provide such programs shall be suspended for a period
of not less than one calendar year from participation in such program. Further, after the imposition of
the one year penalty has been determined, the District Superintendent has the authority to modify this
suspension requirement for each student on a case-by-case basis. In reviewing the student's one year
suspension penalty, the District Superintendent may modify the penalty based on factors as set forth in
Section 100.2 of the Regulations of the Commissioner of Education and in Commissioner's Decisional
Law. The determination of the District Superintendent shall be subject to review by the Cooperative
Board in accordance with Education Law Section 3214(3)(c) and by the Commissioner of Education
in accordance with Education Law Section 310.
In the interim, while awaiting determination from the hearing, the student shall be suspended
from participation in BOCES programs and shall be provided appropriate alternate instruction, as
determined by the District Superintendent and the Superintendent of the local school district.
(Continued)
2002 6241
2 of 3
Students
SUBJECT: GUN-FREE SCHOOLS POLICY (Cont'd.)
The District Superintendent shall notify the parents/guardians of the student involved of the
circumstances in finding that their child brought a firearm onto BOCES premises or was in possession
of a firearm on BOCES premises. Notification shall also be made to the appropriate agency or
authority for juvenile delinquency proceedings for those students under the age of 16 and to
appropriate law enforcement officials for those students sixteen years of age or older. Furthermore,
this notification shall inform the parents/guardians of the suspension of the student from further
participation in BOCES programs pending the determination of the hearing, and the nature of the
alternate instruction to be provided the student during this time.
A student with a disability who is determined to have brought a firearm to school may be placed
in an interim alternative educational setting, in accordance with federal and state law, for not more
than 45 calendar days. If the parent or guardian requests an impartial hearing, the student must remain
in the interim alternative placement until the completion of all proceedings, unless the parent or
guardian and BOCES can agree on a different placement.
A student with a disability (as classified by the local school district Committee on Special
Education) may be given a long term suspension pursuant to the Gun-Free Schools Act only if a group
of persons knowledgeable about the student, as defined in federal regulations implementing the IDEA,
determines that the bringing of a firearm to school was not a manifestation of the student's disability,
subject to applicable procedural safeguards. The District Superintendent shall also notify the
parents/guardians of a student's referral to the local school district's Committee on Special Education.
If it is determined that the student's bringing of a firearm to school was a manifestation of the
student's disability, the District Superintendent must exercise his/her authority under the Gun-Free
Schools Act to modify the long term suspension requirement, and determine that the student may not
be given a long term suspension for the behavior. The Committee on Special Education may review
the student's current educational placement and initiate change in placement proceedings, if
appropriate, subject to applicable procedural safeguards.
The BOCES may offer home instruction as an interim alternative educational setting during the
pendency of review proceedings only if the student's placement in a less restrictive alternative
educational setting is substantially likely to result in injury either to the student or to others.
The BOCES may also seek a court order to immediately remove a student with a disability from
school if the BOCES believes that maintaining the student in the current educational placement is
substantially likely to result in injury to the student or to others.
Students with disabilities continue to be entitled to all rights enumerated in the Individuals With
Disabilities Education Act and Article 89 of the Education Law; and this policy shall not be deemed to
authorize suspension of students with disabilities in violation of these laws.
(Continued)
2002 6241
3 of 3
Students
SUBJECT: GUN-FREE SCHOOLS POLICY (Cont'd.)
This policy does not prohibit the BOCES from utilizing other disciplinary measures including,
but not limited to, out-of-school suspensions for a period of five days or less, or in-school suspensions,
in responding to other types of student misconduct which infringe upon the established rules of the
school. Additionally, this policy does not diminish the authority of the Board to offer courses in
instruction in the safe use of firearms pursuant to Education Law Section 809-a.
The BOCES will continue to provide the suspended student who is of compulsory attendance
age with appropriate alternative instruction during the period of the student's suspension.
Goals 2000: Educate America Act,
P.L. 103-227 (Gun-Free Schools Act of 1994)
18 United States Code (U.S.C.) Section 921
Education Law Sections 310, 809-a, 3214,
and Article 89
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2 and Part 200
20 United States Code (U.S.C.) Sections 1400-1485,
Individuals With Disabilities Education Act (IDEA)
Family Court Act Article 3
NOTE: Refer also to Policies #2411 -- Unlawful Possession of a Weapon Upon School Grounds
and #6240 -- Weapons in School.
Adopted: 7/10/02
2002 6250
Students
SUBJECT: VEHICLE SAFETY
Students attending BOCES classes are expected to use the school buses provided to transport
them.
In those instances where students need to provide their own transportation, parking permits may
be issued through the respective BOCES school office. Students using vehicles on BOCES property
shall obey all traffic regulations of the State and of BOCES. Reckless driving and/or speeding shall
not be tolerated. Student parking shall be allowed only in authorized places.
Adopted: 7/10/02
2002 6310
Students
SUBJECT: STUDENT EVALUATION
Each program enrolling students which is operated by BOCES shall have a clearly developed
outline of activities, skills to be learned and appropriate projects to be completed by students.
Emphasis will be placed on student outcomes. Each student's evaluation will be made on the basis of
the completion of his or her objectives, at the appropriate level of performance.
Competency standards will be used where appropriate and they will give guidance to instructors
and administration on when certain students are qualified to exit the program.
Promotions
Student promotion shall be offered when students have satisfactorily demonstrated competence
based upon appropriate standards and criteria.
Retention and Acceleration
Advancement of students to higher levels shall be based upon achievement, performance, and
skill development or other appropriate criteria. Records attending to the progress of students shall be
maintained and interviews may be scheduled to share such information regarding the student's
progress.
A student may be advanced to the next higher level of instruction upon the recommendation of
the classroom teacher and approval of the administrator in charge. Furthermore, a student may remain
at one level for as long a period of time as is necessary to achieve success provided the
recommendation of the teacher and the approval of the program administrator in charge are in general
agreement.
In the event of a disagreement, the District Superintendent or his/her designee shall make a
decision to resolve the conflict affecting retention or acceleration.
Examinations
Examinations or tests may be used to assess the effectiveness of instruction or the skill
development of a student or groups of students. Such examinations may be prepared by local
educators, state officials or recognized publishers. Results on an examination or test should not serve
as the sole criterion for promotion unless that instrument is a mastery or competency measure. An
appropriate evaluation of a student or program should consist of a variety of measures that are
designed to measure relevant objectives.
Adopted: 7/10/02
2002 6311
Students
SUBJECT: PROVISION OF INTERPRETER SERVICES TO PARENTS WHO ARE
HEARING IMPAIRED
The Board of Cooperative Educational Services assures parents or persons in parental
relationship who are hearing impaired the right to meaningful access to school initiated meetings or
activities pertaining to the academic and/or disciplinary aspects of their children's education. School
initiated meetings or activities are defined to include, but are not limited to, parent-teacher
conferences, child study or building-level team meetings, planning meetings with school counselors
regarding educational progress and career planning, suspension hearings or any conferences with
school officials relating to disciplinary actions. The term "hearing impaired" shall include any hearing
impairment, whether permanent or fluctuating, which prevents meaningful participation in school
meetings or activities.
Parents or guardians shall be notified of the availability of interpreter services to be provided at
no charge, provided that a written request is made to the BOCES within fourteen (14) days of the
scheduled event. Exceptions to the time frame request may be made for unanticipated circumstances
as determined by the appropriate administrator. The BOCES shall also notify appropriate school
personnel as to the terms and implementation of this policy.
If interpreter services are requested, the BOCES shall appoint an interpreter for the hearing
impaired to interpret during the meeting or activity. The BOCES will arrange for interpreters through
a BOCES-created list or through an interpreter referral service.
In the event that an interpreter is unavailable, the BOCES shall make other reasonable
accommodations which are satisfactory to the parents or persons in parental relationship. Examples of
what constitutes reasonable accommodations in the event an interpreter cannot be located may include,
but are not limited to, the use of:
a) Written communications, transcripts, notetakers, etc; and
b) Technology, such as a decoder or telecommunication device for the deaf, assistive listening
devices, and closed or open captioning.
Education Law Section 3230
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(aa)
Adopted: 7/10/02
2002 6320
Students
SUBJECT: STUDENT RECORDS: ACCESS AND CHALLENGE
Student Records
The Oneida BOCES shall comply with the provisions of the "Family Educational Rights and
Privacy Act of 1974". Under its provisions, "parents/guardians and noncustodial parent(s), whose
rights are not limited by court order or formal agreement, of a student under eighteen (18), or a student
who is eighteen (18) years of age or older or who is attending an institution of post-secondary
education, have a right to inspect and review any and all official records, files, and data, including all
material that is incorporated into each student's cumulative record folder and intended for school use
or to be available to parties outside the school or BOCES and specifically including, but not
necessarily limited to, identifying data, academic work completed, level of achievement (grades,
standardized achievement test scores), attendance data, scores on standardized intelligence, aptitude,
and psychological tests, interest inventory results, health data, family background information, teacher
or counselor ratings and observations, and verified reports of serious or recurrent behavior patterns".
Access to Student Records
The Board directs that administrative regulations and procedures be formulated to comply with
the provisions of Federal Law relating to the availability of student records. The purpose of such
regulations and procedures shall be to make available to the parents/guardians of students and
noncustodial parent(s) whose rights are not limited by court order or formal agreement, or students
who are eighteen (18) years of age or older or who are attending an institution of post-secondary
education, student records, and files on students, and to insure the confidentiality of such records with
respect to third parties.
Challenge to Student Records
Parents/guardians of a student under the age of eighteen (18), or a student who is eighteen (18)
years of age or older or who is attending an institution of post-secondary education, shall have an
opportunity for a hearing to challenge the content of the school records, to insure that the records are
not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to
provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise
inappropriate data contained therein.
Family Educational Rights and Privacy Act of 1974
20 United States Code (U.S.C.) Section 1232(g)
Adopted: 7/10/02
2002 6321
1 of 2
Students
SUBJECT: CUSTODIAL/NONCUSTODIAL PARENTS
Release of BOCES students in attendance at programs housed in buildings under the
administrative control of Oneida BOCES component school districts, and access to their educational
records, shall be in accordance with the applicable policies and/or procedures of the particular
component school district.
In the event that the component school district has not adopted a policy or procedures on release
of students or access to educational records by custodial/noncustodial parents, then Oneida BOCES
staff shall act in accordance with the following:
Release of Information to Custodial/Noncustodial Parents
When parents of a student are separated, involved in divorce proceedings, or are divorced, the
building principal or program administrator may consider the rights of custodial and noncustodial
parents to be equal with respect to access to the student's educational records unless Oneida BOCES
has been provided with a certified copy of a court order or other legally binding document relating to
such matters as divorce, separation, or custody that specifically revokes these rights. This includes the
right to inspect, review and receive copies of educational records, including progress reports.
The building principal or program administrator shall release such information upon request, in
accordance with applicable law. If the custodial parent wishes to limit the noncustodial parent's access
to records, it would be his/her responsibility to obtain and present to the building principal or program
administrator a legally binding instrument that prevents the release of such information.
Access to/Release of Students to Custodial/Noncustodial Parents
The building principal or program administrator will consider the rights of custodial and
noncustodial parents to be equal with respect to access to, and release of, their children except when a
legally binding document has been presented which provides evidence to the contrary.
An agreement or court order which grants sole custody to one parent shall be sufficient to
prohibit release of the student to the noncustodial parent. However, unless restricted by a final divorce
decree which includes specific denial of access rights, a restraining order denying access rights, or
other such legally binding document, both parents have the right to participate in the normal school
activities of the child; to visit their child briefly at school; and to participate in parent-teacher
conferences, although not necessarily together in the same conference.
It is the responsibility of the custodial parent to provide the building principal or program
administrator with a certified copy of such court order or other legally binding document, if restricted
access to the student or restrictions on release of the student are requested. In the alternative, written
authorization from the custodial parent allowing the release of the child to the noncustodial parent will
also be honored by the Oneida BOCES.
(Continued)
2002 6321
2 of 2
Students
SUBJECT: CUSTODIAL/NONCUSTODIAL PARENTS (Cont'd.)
Implementation
Copies of authorizations, or certified copies of all legally binding documents pertaining to child
custody and visitation including, but not limited to, Judgments of Divorce and Separation, temporary
and permanent court orders, and legally enforceable written agreements between the parties will be
maintained in the appropriate school office.
The Cooperative Board directs the District Superintendent or his/her designee to develop
administrative regulations and procedures to implement this policy. Such regulations and procedures
shall include:
a) Provisions for notification and instruction of BOCES staff regarding this policy, and
corresponding responsibilities; and
b) Coordination of communication about the existence of applicable policies and procedures
in component school districts.
Education Law Section 3210
Family Educational Rights and Privacy Act (FERPA)
20 United States Code (U.S.C.) Section 1232(g)
34 Code of Federal Regulations (C.F.R.) Part 99
Adopted: 7/10/02
2002 6410
Students
SUBJECT: IMMUNIZATION OF STUDENTS
Students shall not be admitted to BOCES programs unless a certificate of immunization, other
acceptable evidence of immunity, or an exemption as allowed by law is presented.
The evidence of immunity must comply with Public Health Law Section 2164 subdivisions 5,6,
and 7; and Part 66 of the Regulations of the New York State Department of Health.
Public Health Law Section 2164
Education Law Section 914
10 New York Code of Rules and Regulations
(NYCRR) Part 66
Adopted: 7/10/02
2002 6420
Students
SUBJECT: ACCIDENTS/FIRST AID TREATMENT
Accidents
All accidents and injuries shall be immediately reported to the building principal who will take
appropriate action to enable the student to obtain necessary assistance. All proper forms must be made
out before the close of the same working day.
First Aid
The Board authorizes emergency first aid medical treatment to be rendered by appropriate
personnel. A parent or guardian of the student will be promptly notified if any such measures are
taken.
Accident Insurance
The Board of Cooperative Educational Services shall provide for student accident insurance for
all school age students enrolled in BOCES programs and not covered by their home school district.
The insurance will be in the form of a standard, non-duplicative policy covering students who are
injured during school functions as well as traveling to and from home and school.
The Board does not provide insurance covering privately owned equipment, tools or personal
belongings. Students are encouraged to review their own family insurance relative to off-premise
coverage of valuable items.
Transporting an Ill or Injured Student
In the event of a serious illness or an injury to a student, an ambulance may be called if
warranted.
NOTE: Refer also to Policy #6452 -- Administering Medication.
Adopted: 7/10/02
2002 6430
1 of 4
Students
SUBJECT: CHILD ABUSE AND NEGLECT
The Oneida BOCES subscribes to all of the provisions of Title 6 - Child Protective Services of
the Social Services Law (Sections 411-428). Our purpose is to provide protective services to abused
and maltreated school-aged children as described by the law, and to make all school personnel within
the BOCES aware of our legal responsibilities under this law.
Regulations shall be developed, maintained and disseminated by administration regarding the:
a) Mandatory reporting of child abuse/neglect;
b) Reporting procedures and obligations of persons required to report;
c) Provisions for taking a child into protective custody;
d) Mandatory reporting of deaths;
e) Immunity from liability and penalties for failure to report; and
f) Obligations for provision of services and procedures necessary to safeguard the life of a
child.
Additionally, an ongoing training program for all professional staff shall be established and
implemented to enable such staff to carry out their reporting responsibilities.
Social Services Law Sections 411-428
Family Court Act Section 1012
Education Law Section 3209(a)
NOTE: Refer also to Policy #6440 -- Sexual Harassment.
Child Abuse in an Educational Setting And Prohibition Of Silent Resignations
Oneida BOCES is committed to the protection of students in educational settings from abuse and
maltreatment by employees or volunteers as enumerated in law.
"Child abuse" shall mean any of the following acts committed in an educational setting by an
employee or volunteer against a child:
a) Intentionally or recklessly inflicting physical injury, serious injury or death; or
(Continued)
2002 6430
2 of 4
Students
SUBJECT: CHILD ABUSE AND NEGLECT (Cont'd.)
b) Intentionally or recklessly engaging in conduct which creates a substantial risk of such
physical injury, serious physical injury or death; or
c) Any child sexual abuse, defined as conduct prohibited by Article 130 or 263 of the Penal
Law; or
d) The commission or attempted commission against a child of the crime of disseminating
indecent materials to minors pursuant to Article 235 of the Penal Law.
"Educational setting" shall mean the building(s) and grounds of the BOCES; the vehicles
provided by the BOCES for the transportation of students to and from school buildings, field trips, co-
curricular and extracurricular activities both on and off BOCES grounds; all co-curricular and
extracurricular activity sites; and any other location where direct contact between an employee or
volunteer and a child has allegedly occurred.
In any case where an oral or written allegation is made to a teacher, school nurse, school
guidance counselor, school psychologist, school social worker, school administrator, Cooperative
Board member, or other school personnel required to hold a teaching or administrative license or
certificate, that a child (defined in the law as a person under the age of 21 years enrolled in a school
district in this state) has been subjected to child abuse by an employee or volunteer in an educational
setting, that person shall upon receipt of such allegation:
a) Promptly complete a written report of such allegation including the full name of the child
alleged to be abused; the name of the child's parent; the identity of the person making the
allegation and their relationship to the alleged child victim; the name of the employee or
volunteer against whom the allegation was made; and a listing of the specific allegations of
child abuse in an educational setting. Such written report shall be completed on a form as
prescribed by the Commissioner of Education.
b) Except where the school administrator is the person receiving such an oral or written
allegation, the employee completing the written report must promptly personally deliver a
copy of that written report to the school administrator of the school in which the child
abuse allegedly occurred (subject to the following paragraph).
In any case where it is alleged the child was abused by an employee or volunteer of a school
other than a school within the school district of the child's attendance, the report of such allegations
shall be promptly forwarded to the District Superintendent of Schools of the school district of the
child's attendance and the school district where the abuse allegedly occurred.
(Continued)
2002 6430
3 of 4
Students
SUBJECT: CHILD ABUSE AND NEGLECT (Cont'd.)
Any employee or volunteer who reasonably and in good faith makes a report of allegations of
child abuse in an educational setting in accordance with the reporting requirements of the law shall
have immunity from civil liability which might otherwise result by reason of such actions.
Upon receipt of a written report alleging child abuse in an educational setting, the school
administrator or District Superintendent must then determine whether there is "reasonable suspicion"
to believe that such an act of child abuse has occurred. Where there has been a determination as to the
existence of such reasonable suspicion, the school administrator or District Superintendent must
follow the notification/reporting procedures mandated in law and further enumerated in administrative
regulations. When the school administrator receives a written report, he/she shall promptly provide a
copy of such report to the District Superintendent.
Where the school administrator or District Superintendent has forwarded a written report of child
abuse in an educational setting to law enforcement authorities, the District Superintendent shall also
refer such report to the Commissioner of Education where the employee or volunteer alleged to have
committed such an act of child abuse holds a certification or license issued by the State Education
Department.
Any school administrator or District Superintendent who reasonably and in good faith makes a
report of allegations of child abuse in an educational setting, or reasonably and in good faith transmits
such a report to a person or agency as required by law, shall have immunity from civil liability which
might otherwise result by reason of such actions.
Reports and other written material submitted pursuant to law with regard to allegations of child
abuse in an educational setting, and photographs taken concerning such reports that are in the
possession of an person legally authorized to receive such information, shall be confidential and shall
not be redisclosed except to law enforcement authorities involved in an investigation of child abuse in
an educational setting or as expressly authorized by law or pursuant to a court-ordered subpoena.
School administrators and the District Superintendent shall exercise reasonable care in preventing such
unauthorized disclosure.
Additionally, teachers and all other school officials shall be provided an annual written
explanation concerning the reporting of child abuse in an educational setting, including the immunity
provisions as enumerated in law. Further, the Commissioner of Education shall furnish the BOCES
with required information, including rules and regulations for training necessary to implement
BOCES/staff responsibilities under the law.
(Continued)
2002 6430
4 of 4
Students
SUBJECT: CHILD ABUSE AND NEGLECT (Cont'd.)
Prohibition of "Silent" (Unreported) Resignations
The District Superintendent and other school administrators are prohibited from withholding
from law enforcement authorities, the District Superintendent or the Commissioner of Education,
where appropriate, information concerning allegations of child abuse in an educational setting against
an employee or volunteer in exchange for that individual's resignation or voluntary suspension from
his/her position.
The District Superintendent (or a designated administrator) who reasonably and in good faith
report to law enforcement officials information regarding allegations of child abuse or a resignation as
required pursuant to the law shall have immunity from any liability, civil or criminal, which might
otherwise result by reason of such actions.
Education Law Article 23-B and Section 3028-b
Penal Law Article 130, 235 and 263
8 New York Code of Rules and Regulations
(NYCRR) Part 83
Adopted: 7/10/02
2002 6440
1 of 2
Students
SUBJECT: SEXUAL HARASSMENT (STUDENTS)
The Board affirms its commitment to non-discrimination and recognizes its responsibility to
provide for all BOCES students an environment that is free of sexual harassment and intimidation.
Sexual harassment is a violation of law and stands in direct opposition to BOCES policy. Therefore,
the Board prohibits all forms of sexual harassment by employees and students. Generally, sexual
harassment is defined as unwelcomed sexual advances, requests for sexual favors and other verbal or
physical conduct of a sexual nature when:
a) Submission to sexually harassing behavior is a condition for the successful completion of
any course of study or educational and extracurricular activity, including the acceptance
into or rejection from such course or activity;
b) Conditions exist within the school environment that allow or foster obscene pictures, lewd
jokes, sexual advances, requests for sexual favors or other harassing activities of a sexual
nature;
c) Such conduct has the purpose or effect of unreasonably interfering with a student's
academic performance or participation in an educational or extracurricular activity, or
creating an intimidating, hostile or offensive learning environment.
The Board acknowledges that in determining whether sexual harassment has occurred, the
perspective of the victim as well as the offender's conduct and/or intention should be evaluated.
Any student who believes that he/she has been subjected to sexual harassment shall report all
incidents of such conduct to the BOCES designated complaint officer through informal and/or formal
complaint procedures developed by the BOCES. In the event that the complaint officer is the offender,
the complainant shall report his/her complaint to the next level of supervisory authority.
Upon receipt of an informal/formal complaint, the BOCES will conduct a thorough investigation
of the charges. Based upon the results of the BOCES investigation, immediate corrective action will
be taken. Should the offending individual be a BOCES employee, appropriate disciplinary measures
will be applied, up to and including termination of the offender's employment in accordance with
contractual and legal guidelines. Should the offending individual be a student, appropriate disciplinary
measures will be applied, up to and including suspension/expulsion.
The Board prohibits any retaliatory behavior directed against complainants and/or witnesses.
Follow-up inquiries shall be made to ensure that harassment has not resumed and that the victims
and/or witnesses have not suffered retaliation.
(Continued)
2002 6440
2 of 2
Students
SUBJECT: SEXUAL HARASSMENT (STUDENTS) (Cont'd.)
Regulations will be developed for resolving sexual harassment complaints by students. The
District Superintendent/designee(s) shall affirmatively discuss the topic of sexual harassment with all
employees and students, express the BOCES condemnation of such conduct and explain the sanctions
for harassment. A copy of this policy and its accompanying regulations shall be available upon
request to all employees and students, and may be posted at various BOCES locations and/or
buildings.
Title IX of the Education Amendments 1972,
20 United States Code (U.S.C.)
Section 1681 et seq.
Adopted: 7/10/02
2002 6451
Students
SUBJECT: HUMAN IMMUNODEFICIENCY VIRUS (HIV) RELATED ILLNESSES
(STUDENTS)
The Cooperative Board's position is that a student shall not be denied the right to attend school
or continue his/her education who has been diagnosed or identified as having a positive blood test for
the antibodies to the Human Immunodeficiency Virus (HIV). The Board further contends that under
current law and regulations, the disclosure of confidential HIV-related information shall be strictly
limited.
Administrative regulations and procedures shall be developed and implemented by the
administration based on recommendations from the New York State Education Department and from
consultation with appropriate professional and medical staff in the BOCES.
The District Superintendent shall also establish protocols for routine sanitary procedures for
dealing with the cleaning and handling of body fluids in school, with special emphasis placed on staff
awareness.
Confidentiality: Public Health Law, Article 27-F
NOTE: Refer also to Policy #5141 -- Human Immunodeficiency Virus (HIV) Related Illnesses
(Personnel).
Adopted: 7/10/02
2002 6452
1 of 2
Students
SUBJECT: ADMINISTERING MEDICATION
Many students are on different types of medication for various reasons. Each teacher and
assistant should know which children they work with that are on medication and at what time they are
to receive the medication. A list of these children who receive medication will be made available to
the building administrator and the host building nurse by the special education teacher of each
program and a proper process for use of the medication will be developed at each site.
Students who are required to take medication during school hours must provide the building
administrator with a written parental/guardian request accompanied by written authorization by a
licensed physician indicating frequency and dosage for such medication. Such written consent shall be
on file with the nurses, school authorities and teachers/assistants. Medication is to be brought to the
school health office in its original labeled container. Unless the student is properly designated, in
accordance with State Education Department Guidelines, as being able to self-administer his/her own
medication, students are to use the approved medication under direct supervision of an appropriate
staff member.
Procedures for taking medications off school grounds or after school hours while participating in
a school-sponsored activity will be in accordance with State Education Department Guidelines.
The Use Of Inhalers In Schools
BOCES permits students who have been diagnosed by a physician as having a severe asthmatic
condition to carry and use a prescribed inhaler during the school day. Prior to permitting such use, the
school health office must receive the written permission of the prescribing physician, and parental
consent, based on such physician's determination that the student is subject to sudden asthmatic attacks
severe enough to debilitate that student.
A record of such physician/parental permission shall be maintained with the nurses, school office
and teachers/assistants.
Health office personnel will maintain regular parental contact in order to monitor the
effectiveness of such self-medication procedures and to clarify parental responsibility as to the daily
monitoring of their child to ensure that the medication is being utilized in accordance with the
physician's instructions. Additionally, the student will be required to report to the health office on a
periodic basis as determined by health office personnel so as to maintain an ongoing evaluation of the
student's management of such self-medication techniques, and to work cooperatively with the parents
and the student regarding such self-care management.
(Continued)
2003 6452
2 of 2
Students
SUBJECT: ADMINISTERING MEDICATION (Cont'd.)
Students who self-administer medication without proper authorization, under any circumstances,
will be referred for counseling by school nursing personnel. Additionally, school administration and
parents will be notified of such unauthorized use of medication by the student, and school
administration may also be involved in determining the proper resolution of such student behavior.
Emergency Medication: The administration of emergency medication (injectable including
“epi-pens” and/or oral) to a student for extreme hypersensitivity may be performed by any school staff
member responding to the emergency. Such a response would fall under the Good Samaritan
exemption for rendering emergency care during a life-threatening situation.
New York State Bureau of Health Service
Education Law Section 916
SED Memo of June 2002 and Public Health Law
Section 3000-a
NOTE: Refer also to Policy #6420 -- Accidents/First Aid Treatment.
Adopted: 3/12/03
Adopted: 7/10/02
2003 6460
1 of 2
Students
SUBJECT: EQUAL EDUCATIONAL OPPORTUNITY (STUDENTS)
It is the policy of this BOCES to provide, through a positive and effective program, equal
educational opportunities for all students in admittance to and/or participation in educational courses,
programs or activities; school services; and extracurricular events regardless of race, color, creed,
religion, national origin, political affiliation, sex, sexual orientation, age, marital status, or disability.
Sexual orientation is defined as heterosexuality, homosexuality, bisexuality, or asexuality, whether
actual or perceived.
The District Superintendent shall designate one or more BOCES employees as Civil Rights
Compliance Officer(s) whose responsibility will be to ensure compliance with the various federal and
state statutes and regulations prohibiting discrimination in educational programs, including Title IX of
the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the
Americans With Disabilities Act (ADA).
The BOCES shall establish and implement regulations and procedures in accordance with
applicable law that provide for the prompt and equitable resolution of any and all complaints alleging
discrimination on the basis of race, color, creed, religion, national origin, political affiliation, sex, age,
marital status or disability.
The BOCES shall take appropriate annual and continuing steps to notify students and their
parents or guardians of this policy of non-discrimination. This shall include provision for the
publication and dissemination, internally and externally, of this policy to ensure its availability, to
interested citizens and groups. Included in this notification shall be the name(s), address(es) and
telephone number(s) of the Civil Rights Compliance Officer(s) responsible for handling complaints
regarding discrimination, and a description of the BOCES established grievance procedures.
Title VII of the Civil Rights Act of 1964,
42 United States Code Section 2000-e et seq. -
Prohibits discrimination on the
basis of race, color, religion, sex or national origin.
Title VI of the Civil Rights Act of 1964,
42 United States Code Section 2000-d et seq. -
Prohibits discrimination on the
basis of race, color or national origin.
Section 504 of the Rehabilitation Act of 1973,
29 United States Code Section 794 et seq. -
The Americans with Disabilities Act,
42 United States Code Section 12101 et seq. -
Prohibits discrimination on the basis of disability.
2003 6460
2 of 2
Students
SUBJECT: EQUAL EDUCATIONAL OPPORTUNITY (STUDENTS) (Cont'd.)
Title IX of the Education Amendments of 1972,
20 United States Code Section 1681 et seq. -
Prohibits discrimination on the basis of sex.
New York State Civil Rights Law Section 40-c
Prohibits discrimination on the basis of race,
creed, color, national origin, sex, marital status,
sexual orientation or disability.
New York State Executive Law
Section 290 et seq. - Prohibits discrimination on the
basis of age, race, creed, color, national
origin, sex, sexual orientation, disability or
marital status.
Age Discrimination in Employment Act,
29 United States Code Section 621.
NOTE: Refer also to Policy #1440 -- Non-Discrimination.
Adopted: 5/14/03
2002 6461
1 of 2
Students
SUBJECT: COMPLAINTS AND GRIEVANCES BY STUDENTS
While students have the responsibility to abide by the policies and regulations of the BOCES,
they shall also be afforded opportunity to present complaints and grievances free from interference,
coercion, restraint, discrimination or reprisal. Administration shall be responsible for:
a) Establishing rules and regulations for the redress of complaints or grievances through proper
administration channels;
b) Developing an appeals process;
c) Ensuring that students have full understanding and access to these regulations and
procedure; and
d) Providing prompt consideration and determination of student complaints and grievances.
Civil Rights Compliance Officer
In addition, students and parents/guardians will receive annual notification of the BOCES
established grievance procedures for resolving complaints of discrimination based on sex or disability.
This notice shall include the name, address and telephone number of the Title IX/Section 504/ADA
Coordinator (i.e., the "Civil Rights Compliance Officer").
The Civil Rights Compliance Officer shall also be responsible for handling complaints and
grievances regarding discrimination based on race, color, creed, national origin, political affiliation,
age or marital status.
Title VII of the Civil Rights Act of 1964,
42 United States Code (U.S.C.)
Section 2000-e, et seq. - Prohibits discrimination on the
basis of race, color, religion, sex or national origin.
Title VI of the Civil Rights Act of 1964,
42 United States Code (U.S.C.)
Section 2000-d, et seq. – Prohibits discrimination on the
basis of race, color or national origin.
(Continued)
2002 6461
2 of 2
Students
SUBJECT: COMPLAINTS AND GRIEVANCES BY STUDENTS (Cont'd.)
Section 504 of the Rehabilitation Act of 1973,
29 United States Code (U.S.C.) Section 794 et seq.;
The Americans With Disabilities Act,
42 United States Code (U.S.C.) Section 12101 et seq. –
Prohibits discrimination on the basis of disability.
Title IX of the Education Amendments of 1972,
20 United States Code (U.S.C.) Section 1681 et seq. –
Prohibits discrimination on the basis of sex.
New York State Executive Law
Section 290 et seq. - Prohibits discrimination on the
basis of age, race, creed, color, national
origin, sex, disability or marital status.
Age Discrimination in Employment Act,
29 United States Code Section 621.
NOTE: Refer also to Policy #1440 -- Non-Discrimination.
Adopted: 7/10/02
2002 6470
Students
SUBJECT: STUDENT DIRECTORY INFORMATION
The BOCES shall annually inform parents or eligible students of their right to refuse the release
of student directory information and indicate a time period for their response. Following such notice
and a reasonable response period, the BOCES may release such information to an outside group
without individual consent.
The Family Education Rights and Privacy Act (FERPA) defines student directory information as
the following: name, address, telephone listing, date and place of birth, major field of study,
participation in officially recognized activities and sports, weight and height (if members of athletic
teams), degrees and awards received, and the name of the educational agency or institution previously
attended by the student.
20 United States Code (U.S.C.) 1232(g)
Adopted: 7/10/02
2002 6480
Students
SUBJECT: NOTIFICATION OF SEX OFFENDERS
In accordance with the Sex Offender Registration Act ("Megan's Law"), the Cooperative Board
supports the New York State Department of Criminal Justice services (DCJS) in its effort to inform
the community in certain circumstances of the presence of individuals with a history of sex offenses,
particularly against children, in the school locality. This policy in enacted in order to minimize the
possibility that the sex offender will come in contact with school-age children, and to assist law
enforcement agencies in preventing further criminal activity from occurring. Furthermore, the
BOCES shall cooperate with local police authorities and the local community in promoting and
protecting the safety and well being of its students.
It is the policy of the Cooperative Board to disseminate all information which the BOCES
receives from local police authorities in conjunction with Megan's Law to designated staff members
who might have possible contact with the offender during the course of their school duties including,
but not limited to, building principals, supervisors, teachers, office personnel, coaches, custodians, bus
drivers, and security personnel. The District Superintendent reserves the right to automatically
disseminate such information to additional members of the staff, designated supervisors of non-school
groups that regularly use BOCES facilities and have children in attendance, parents/guardians of
BOCES students, and other community residents who, in the opinion of the District Superintendent,
have an immediate need to be notified of such data in order to protect the safety of our students.
All staff members shall be informed of the availability of the information received by the
BOCES pursuant to Megan's Law upon written request to the applicable building principal/designee or
supervisor.
Staff members shall inform their immediate supervisor if they observe within the school
building, on school grounds, at school activities, or at or near bus routes any individual whose
description matches the information which was provided to the BOCES by local law enforcement
authorities. Such law enforcement officials will be notified of this information by the BOCES as
appropriate.
Information that is disseminated to the BOCES pursuant to Megan's Law may be disclosed or
not disclosed by the BOCES in its discretion.
Any information which the BOCES receives regarding a sex offender from a source other than
the Sex Offender Registry, and which is maintained independent of the requirements of Megan's Law,
will be available from the BOCES, upon written request, in accordance with the requirements of the
Freedom of Information Law.
Implementation
Administrative regulations shall be developed to implement this policy.
Correction Law Article 6-C
Adopted: 7/10/02 Public Officers Law Section 84 et. seq.
2003 6481
1 of 2
Students
SUBJECT: MILITARY RECRUITERS’ ACCESS TO HIGH SCHOOL STUDENTS AND
INFORMATION ON STUDENTS
In compliance with the Elementary and Secondary Education Act of 1965, as amended by the
No Child Left Behind Act of 2001 (NCLB) and the National Defense Authorization Act, and in
accordance with the Family Educational Rights and Privacy Act (FERPA), the BOCES shall comply
with a request by a military recruiter for secondary students’ names, addresses, and telephone listings,
unless a parent has “opted out” of providing such information.
Further, in compliance with the NCLB, the District shall give military recruiters the same access
to secondary school students as they provide to postsecondary institutions or to prospective employers.
Under FERPA, the BOCES must provide notice to parents of the types of student information
that it releases publicly. This type of information, commonly referred to as “directory information,”
which is released by the BOCES includes, but is not limited to, such items as students’ names,
addresses and telephone listings. The notice must include an explanation of a parent’s right to request
that the information not be disclosed without prior written parental consent; and further requires that
parents be notified that the BOCES routinely discloses students’ names, addresses, and telephone
listings to military recruiters upon request, subject to a parent’s request not to disclose such
information without written parental consent.
A single notice provided through a mailing, student handbook, or other method that is
reasonably calculated to inform parents of the above information is sufficient to satisfy the parental
notification requirements of both FERPA and the NCLB. The notification shall advise the parent of
how to opt out of the public, nonconsensual disclosure of directory information and the method and
timeline within which to do so.
If a parent opts out of providing directory information (or any subset of such information) to
third parties, the opt-out relating to the child’s name, address or telephone listing applies to requests
from military recruiters as well. For example, if the opt-out states that telephone numbers will not be
disclosed to the public, the BOCES may not disclose telephone numbers to military recruiters.
2003 6481
2 of 2
Students
SUBJECT: MILITARY RECRUITERS’ ACCESS TO HIGH SCHOOL STUDENTS AND
INFORMATION ON STUDENTS (Cont’d.)
The District Superintendent/designee shall ensure that appropriate notification is provided to
parents informing them of their right to opt-out of the release of designated directory information
without prior written parental consent.
Elementary and Secondary Education Act of 1965 Section 9528
20 United States Code (U.S.C.) Section 7908 as amended by the
No Child Left Behind Act of 2001
National Defense Authorization Act Section 544
10 United States Code (U.S.C.) Section 503
Family Educational Rights and Privacy Act of 1974
20 United States Code (U.S.C. Section 1232(g)
34 Code of Federal Regulations (C.F.R.)
Section 300.571
Education Law Section 2-a
Adopted: 3/12/03
2003 6482
1 of 5
Students
SUBJECT: STUDENT PRIVACY, PARENTAL ACCESS TO INFORMATION, AND
ADMINISTRATION OF CERTAIN PHYSICAL EXAMINATIONS
TO MINORS
U. S. Department of Education-Funded Surveys
In compliance with the Protection of Pupil Rights Amendment (PPRA), the BOCES is
committed to protecting the rights and privacy interests of parents/guardians and students with regard
to surveys funded in whole or part by any program administered by the U. S. Department of Education
(DOE).
The BOCES shall make instructional materials available for inspection by parents/guardians if
those materials will be used in connection with a DOE-funded survey, analysis, or evaluation in which
their children participate. In addition, the BOCES shall obtain prior written parental/guardian consent
before minor students are required to participate in any DOE-funded survey, analysis or evaluation
that reveals information concerning:
a) Political affiliations or beliefs of the student or the student’s parent/guardian;
b) Mental or psychological problems of the student or the student’s family;
c) Sex behavior or attitudes;
d) Illegal, anti-social, self-incriminating, or demeaning behavior;
e) Critical appraisals of other individuals with whom respondents have close family
relationships:
f) Legally recognized privileged or analogous relationships, such as those of lawyers,
physicians and ministers;
g) Religious practices, affiliations or beliefs of the student or student’s parent/guardian;
or
h) Income (other than that required by law to determine eligibility for participation in a
program or for receiving financial assistance under such program).
Surveys Funded by Sources Other Than the U. S. Department of Education
The BOCES has developed and adopted this Board policy in consultation with parents/guardians
regarding the following:
a) The right of the parent/guardian to inspect, upon request, a survey created by a third party
(i.e., by a party other than the DOE) before the survey is administered or distributed by the
school to a student. Requests by parents/guardians to inspect such surveys are to be
submitted, in writing, to the building principal at least 10 days prior to the administration
or distribution of any survey. Further, the BOCES shall grant a request by the
parent/guardian for reasonable access to such survey within a reasonable period of time
2003 6482
2 of 5
Students
SUBJECT: STUDENT PRIVACY, PARENTAL ACCESS TO INFORMATION, AND
ADMINISTRATION OF CERTAIN PHYSICAL EXAMINATIONS
TO MINORS (Cont’d.)
after the request is received by the BOCES.
b) Arrangements shall be provided by the BOCES to protect student privacy in the event of
the administration or distribution of a survey to a student containing one or more of the
following items (including the right of the parent/guardian of the student to inspect, upon
request, any survey containing one or more of such items):
1. Political affiliations or beliefs of student toward the student’s parent/guardian;
2. Mental or psychological problems of the student or the student’s family;
3. Sex behavior or attitudes;
4. Illegal, anti-social, self-incriminating or demeaning behavior;
5. Critical appraisals of other individuals with whom respondents have close family
relationships;
6. Legally recognized privileged or analogous relationships, such as those of lawyers,
physicians, and ministers;
7. Religious practices, affiliations or beliefs of the student or the student’s parent/
guardian;
8. Income (other than that required by law to determine eligibility for participation
in a program or for receiving financial assistance under such program).
Parents/guardians have the right to inspect, upon request, any survey containing one or
more of such items. Such requests must be submitted by the parent/guardian, in
writing, to the building principal at least 10 days prior to the administration or
distribution of any survey.
c) Parents/guardians shall be granted, upon request, reasonable access and the right to
inspect instructional materials used as part of the educational curriculum for the student
within a reasonable period of time (defined by the BOCES, for the purposes of this
policy, as 30 days) after such request is received by the BOCES. Requests shall be
submitted by parents/guardians, in writing, to the building principal. The term
“instructional material” means instructional content that is provided to a student,
regardless of its format, including printed or representational materials, audiovisual
materials, and materials in electronic or digital formats (such as materials accessible
through the Internet). The term does not include academic tests or academic
assessments.
2003 6482
3 of 5
Students
SUBJECT: STUDENT PRIVACY, PARENTAL ACCESS TO INFORMATION, AND
ADMINISTRATION OF CERTAIN PHYSICAL EXAMINATIONS
TO MINORS (Cont’d.)
d) The administration of physical examinations or screenings that the BOCES may
administer to a student.
Further, this law does not apply to any physical examination or screening that is
permitted or required by State law, including physical examinations or screenings that
are permitted without parental notification.
In the implementation of this provision regarding the administration of physical
examinations or screenings that the school may administer to the student, the BOCES
incorporates by reference Board policies that address student health services, as
applicable, including but not limited to policies regarding the administration of
medication, immunization of students, and student physicals.
e) Unless mandated/authorized in accordance with federal or state law and/or regulation, it
is the policy of the Cooperative Board not to permit the collection, disclosure, or use of
personal information (the term “personal information” is defined as individually
identifiable information including a student’s or parent/guardian’s first and last name;
home address; telephone number; or Social Security number) collected from students
for the purpose of marketing or for selling that information (or otherwise providing that
information to others for that purpose), unless otherwise exempted pursuant to law as
noted below. Questions regarding the collection, disclosure, or use of personal
information collected from students for such marketing purposes may be referred to the
school attorney as deemed necessary by the District Superintendent/designee.
These requirements do not apply to the collection, disclosure, or use of personal information
collected from students for the exclusive purpose of developing, evaluating, or providing educational
products or services for, or to, students or educational institutions, such as the following:
a) College or other postsecondary education recruitment, or military recruitment. Military
recruiter access to student information is governed by the Family Educational Rights
and Privacy Act of 1974 (FERPA) and the National Defense Authorization Act for
Fiscal Year 2002;
b) Book clubs, magazines and programs providing access to low-cost literary products;
c) Curriculum and instructional materials used by elementary schools and secondary
schools;
2003 6482
4 of 5
Students
SUBJECT: STUDENT PRIVACY, PARENTAL ACCESS TO INFORMATION, AND
ADMINISTRATION OF CERTAIN PHYSICAL EXAMINATIONS
TO MINORS (Cont’d.)
d) Tests and assessments used by elementary schools and secondary schools to provide
cognitive, evaluative, diagnostic. clinical, aptitude or achievement information about
students (or to generate other statistically useful data for the purpose of securing such
tests and assessments) and the subsequent analysis and public release of the aggregate
data from such tests and assessments;
e) The sale by students of products or services to raise funds for school-related or
education-related activities;
f) Student recognition programs.
This law is not intended to preempt applicable provisions of state law that require
parental/guardian notification.
Notification of Policies/”Opt-Out” Provisions
The BOCES shall provide for reasonable notice of the adoption or continued use of this policy
directly to the parents/guardians of students enrolled in the BOCES. At a minimum, the BOCES shall
provide such notice at least annually, at the beginning of the school year, and within a reasonable
period of time after any substantive change in this policy.
Further, in the notification the BOCES shall offer an opportunity for parents/guardians to opt
their child out of participation in the following activities:
a) Activities involving the collection, disclosure or use of personal information collected
from students for the purpose of marketing or for selling that information (or otherwise
providing that information to others for that purpose.)
b) The administration of any survey containing one or more of the eight items of
information listed above in the subheadings referencing DOE-funded surveys as well as
non-DOE-funded surveys.
c) Any non-emergency, invasive physical examination or screening that is required as a
condition of attendance; administered by the school and scheduled by the school in
advance; and not necessary to protect the immediate health and safety of the student, or
of other students. The term “invasive physical examination” means any medical
2003 6482
5 of 5
Students
SUBJECT: STUDENT PRIVACY, PARENTAL ACCESS TO INFORMATION, AND
ADMINISTRATION OF CERTAIN PHYSICAL EXAMINATIONS
TO MINORS (Cont’d.)
examination that involves the exposure of private body parts, or any act during such
examination that includes incision, insertion, or injection into the body, but does not
include a hearing, vision or scoliosis screening.
Notification of Specific Events
In the notification the BOCES shall directly notify parents/guardians, at least annually at the
beginning of the school year, of the specific or approximate dates during the school year when the
above activities are scheduled or expected to be scheduled.
General Provisions
The requirements of PPRA do not apply to a survey administered to a student in accordance
with the Individuals with Disabilities Education Act (IDEA). Further, PPRA does not supersede any
of the requirements of FERPA.
The rights provided to parents/guardians under PPRA transfer from the parent/guardian to the
student when the student turns 18 years old or is an emancipated minor under applicable minor under
applicable State law.
The BOCES may use funds provided under Part A of Title V of the Elementary and Secondary
Education Act of 1965 to enhance parental/guardian involvement in areas affecting the in-school
privacy of students.
20 United States Code (U.S.C.)
Section 1232h(b) and (c), as amended by the No Child
Left Behind Act of 2001
34 Code of Federal Regulations (C.F.R.) Part 98
Adopted: 3/12/03
2003 6483
1 of 2
Students
SUBJECT: STUDENT INDIVIDUALIZED EDUCATION PROGRAM (IEP):
DEVELOPMENT AND PROVISION
Development of Individualized Education Program
The Cooperative Board directs that the Committee on Special Education (CSE) or Committee
on Preschool Special Education (CPSE) shall have prepared a written statement (program) for each
child with a disability.
Such an Individualized Educational Program (IEP) will be developed by the CSE or CPSE
upon referral, and reviewed or revised, whichever is appropriate, for every child with a disability at
least annually or in the event that the program no longer appears to be appropriate to meet the
student’s needs and ability level.
Provision of Individualized Education Program
The BOCES shall provide a copy of each student’s IEP, prior to implementation of the
program, to each regular education teacher, special education teacher, related service provider and
other service provider who is responsible for the implementation of a student’s IEP.
The Chairperson of the Committee on Special Education shall designate a professional
employee of the BOCES with knowledge of the student’s disability and education program to inform
each teacher, teaching assistant and support staff person and other service provider of his/her
responsibility relating to the implementation of the IEP and the specific accommodations,
modifications and supports that must be provided for the student in accordance with the IEP. This
must be done prior to the implementation of the IEP.
Any copy of a student’s IEP provided to teachers and other service providers shall remain
confidential and shall not be re-disclosed to any other person, in compliance with federal and state
laws and regulations, including the Individuals with Disabilities Education Act and the Family
Educational Rights and Privacy Act.
Individual Re-evaluations of Individualized Education Program
The CSE shall arrange for an appropriate re-evaluation of each student with a disability if
conditions warrant a re-evaluation, or if the student’s parent or teacher requests a re-evaluation;
however, a re-evaluation must take place at least once every three years. The re-evaluation will be
conducted by a multi-disciplinary team or group of persons, including at least one teacher or other
specialist with knowledge in the area of the student’s disability. The re-evaluation shall be sufficient
to determine the student’s individual needs, educational progress and achievement, the student’s
2003 6483
2 of 2
Students
SUBJECT: STUDENT INDIVIDUALIZED EDUCATION PROGRAM (IEP):
DEVELOPMENT AND PROVISION (Cont’d.)
ability to participate in instructional programs in regular education and the student’s continuing
eligibility for special education. The results of any re-evaluations must be addressed by the
committee on special education in reviewing and, as appropriate, revising the student’s IEP.
Use of Recording Equipment at IEP Meetings
The BOCES shall allow recording equipment to be used at meetings regarding individualized
education programs (IEPs) for students with disabilities.
Education Law Section 4402(7)
8 New York Code of Rules and Regulations
(NYCRR) Sections 200.2(b)(11), 200.4(b)(4),
200.4(e)(3), and 200.4(f)
Adopted: 3/12/03
2003 6484
1 of 2
Students
SUBJECT: SAFE PUBLIC SCHOOL CHOICE OPTION TO STUDENTS WHO ARE
VICTIMS OF A VIOLENT CRIMINAL OFFENSE
Any BOCES student who is a victim of a violent criminal offense, as defined pursuant to
Education Law and Commissioner’s Regulations, that occurred on the grounds of the BOCES
elementary or secondary school that the student attends, shall be allowed to attend a safe public
school to the extent required by the federal No Child Left Behind Act (NCLB) and state law and
regulations.
In accordance with Commissioner’s Regulations, a “safe public school shall mean a public
school that has not been designated by the Commissioner of Education as a persistently dangerous
public elementary or secondary school.”
Violent Criminal Offense
The District Superintendent shall determine if the student has been the victim of a “violent
criminal offense.” “Violent criminal offense” means a crime that:
a) Involves infliction of a serious physical injury upon another as defined in New York
State Penal Law Section 10.00(10); or
b) A sex offense that involves forcible compulsion; or
c) Any other offense designed in State Penal Law Section 10.00(12) that involves the use
or threatened use of a deadly weapon.
Determination Whether Student is a Victim
Procedures shall be established for determination by the District Superintendent of whether a
student is a victim of a violent criminal offense that occurred on school grounds of the school the
student attends. The District Superintendent shall, prior to making any such determination, consult
with any law enforcement agency investigating the alleged violent criminal incident and consider any
reports or records provided by such agency. However, a criminal conviction is not required prior to
the District Superintendent’s determination that a student has been a victim of a violent criminal
offense. The District Superintendent may also consult with the BOCES attorney prior to making such
determination.
The District Superintendent’s determination may be appealed to the Cooperative Board.
However, this determination will not preclude any student disciplinary proceeding brought against the
alleged victim or perpetrator of such violent criminal offense.
2003 6484
2 of 2
Students
SUBJECT: SAFE PUBLIC SCHOOL CHOICE OPTION TO STUDENTS WHO ARE
VICTIMS OF A VIOLENT CRIMINAL OFFENSE (Cont’d.)
Notice to Parents/Persons in Parental Relation
A BOCES that is required to provide school choice in accordance with applicable provisions of
the federal No Child Left Behind Act of 2001, Education Law and Commissioner’s Regulations, shall
establish procedures for notification of parents of, or persons in parental relation to, students who are
victims of violent criminal offenses of their right to transfer to a safe public school and procedures for
such transfer. Such notice shall be, to the extent practicable, provided in the dominant language or
mode of communication used by the parents or persons in parental relation to such student. The
BOCES shall so notify the parents of, or persons in parental relation to, such student within twenty-
four (24) hours of the determination that the student has been the victim of a violent criminal offense
on school grounds at the school he/she attends.
Written notice shall be provided by personal delivery, express mail delivery, or equivalent
means reasonably calculated to assure receipt of such notice within twenty-four (24) hours of such
determination at the last known address or addresses of the parents/persons in parental relation to the
student. Where possible, notification shall also be provided by telephone if the school has been
provided with a telephone number(s) for the purpose of contacting parents/persons in parental
relation.
While the parents/persons in parental relation to the student must be offered the opportunity to
transfer their child, they may elect to have the child remain at the school he/she currently attends.
Elementary and Secondary Education Act of 1965,
Section 9532, as amended by the No Child Left
Behind Act of 2001
Education Law Section 2802(7)
8 New York Code of Rules and Regulations
(NYCRR) Section 120.5
Adopted: 3/12/03
2002 6510
Students
SUBJECT: CENSORSHIP OF NON-SCHOOL STUDENT PUBLICATIONS
It is the purpose of this policy to promote the best interest and ensure the well being of every
student in the Oneida BOCES by preventing substantial disruption and/or material interference with
school activities and with the general operation of the schools by forbidding publication and/or
distribution of literature which contains libelous, obscene, profane statements, prejudicial statements,
as well as statements which advocate breaking of state and federal laws as well as school regulations.
The Board, however, does recognize the right of its students to publish or distribute newspapers,
magazines and other literature not sanctioned by BOCES. However, BOCES has no responsibility to
assist students in the publication of such literature, nor does this Board assume any responsibility for
any statements published therein.
The Board permits the distribution of such materials within its schools and on BOCES property
only after it has been submitted for administrative review and approval. The Board directs the District
Superintendent or his/her designee in keeping with the requirements of the law, to prepare
administrative regulations which establish guidelines for students seeking approval for the distribution
of non-school publications.
Adopted: 7/10/02
2002 6520
Students
SUBJECT: STUDENT CLUBS SPONSORED THROUGH ONEIDA BOCES
Student clubs to be sponsored through BOCES which relate to program activities and are not
available through the local districts must be approved by the Cooperative Board before being offered.
Prior to final decisions, Board action will be governed by positive reactions from component districts
supporting such clubs and activities that affect students in attendance in their home districts.
Adopted: 7/10/02
2002 6530
Students
SUBJECT: STUDENT FUNDS
The Cooperative Board recognizes the value of student activity programs and is aware of the
experience to be gained by student participants in the management of funds for their organization.
The Board, therefore, authorizes the use of a Student Activity Fund.
Student funds shall be deemed to include but not be limited to include money collected from
students for the purchase of supplies, materials and fees for organizations and social events. Such
funds shall be handled in accordance with procedures set by the State Department of Audit and
Control and the regulations set forth by the Oneida BOCES. In all cases which involve student funds,
an employee of the Board must be assigned the ultimate responsibility for control of the funds and
must use appropriate accounting procedures for the safeguarding of the funds against loss, misuse, or
misapplication.
Extraclassroom activity funds are those funds raised by other than taxation or through charges by
the Cooperative Board for, by, or in the name of the school, student body, or any subdivision thereof.
All extraclassroom activity funds shall be handled in accordance with the financial procedures
illustrated by Finance Pamphlet No. 2 Revised 1970. The Safeguarding, the Accounting, and Auditing
of Extraclassroom Activity Funds, published by the New York State Education Department. In all
cases which involve student funds, the District Superintendent shall assign an employee of the
Cooperative Board to the ultimate responsibility for control of the funds. The individual must use
accounting procedures outlined by the Assistant Superintendent for Administrative Services.
Adopted: 7/10/02
2003 6540
Students
SUBJECT: POLICY ON CONSTITUTIONALLY PROTECTED PRAYER IN THE
SCHOOLS
Oneida BOCES shall have no policy which prevents or otherwise denies participation in
constitutionally protected prayer in its elementary or secondary schools, as detailed in current
guidance issued from time-to-time by the U. S. Department of Education. If the BOCES discovers
any provision of its policies to be in conflict with that guidance, unless otherwise required by law,
that provision shall be treated as stricken from the policy and the policy shall be enforced without
giving effect to such provision.
Adopted: 3/12/03
2002 7000
Instruction
Oneida BOCES NUMBER
INSTRUCTION
(Section 7000)
INSTRUCTION
1.1 Safety Conditions and Programs.............................................................................7110
1.1.1 Fire Drills and Bomb Threats .....................................................................7111
1.1.2 Disaster Planning and Civil Preparedness ..................................................7112
1.1.3 Prevention Instruction.................................................................................7113
1.1.4 District Management Plan ..........................................................................7114
1.2 Students with Disabilities .......................................................................................7120
1.2.1 Discipline of Students With Disabilities.....................................................7121
1.2.2 Time Out Rooms.........................................................................................7122
1.3 Career Education.....................................................................................................7130
1.4 Evaluation of Instructional Programs and Services................................................7140
1.5 Instruction For Students With Limited English Proficiency ..................................7150
1.6 Instructional Technology ........................................................................................7160
INSTRUCTIONAL MATERIALS
2.1 Media Preview and Purchasing...............................................................................7210
2.2 Controversial Issues................................................................................................7220
2002 7000
Instruction
INSTRUCTION (Cont'd.) NUMBER
(Section 7000)
INSTRUCTIONAL MATERIALS (Cont'd.)
2.3 Use of Copyrighted Materials.................................................................................7230
2.3.1 Computer Software Copyright....................................................................7231
2.4 Textbooks and Other Instructional Materials .........................................................7240
2.4.1 Objection to Instructional Materials ...........................................................7241
2.5 Access to Network Information Resources ............................................................7250
2.5.1 Internet Safety Policy..................................................................................7253
INSTRUCTIONAL ARRANGEMENTS
3.1 Field Trips...............................................................................................................7310
3.2 School Calendar/School Day ..................................................................................7320
3.3 Homework ..............................................................................................................7330
3.4 Practical Experience ...............................................................................................7340
2002 7110
Instruction
SUBJECT: SAFETY CONDITIONS AND PROGRAMS
The practice of safety will be considered an integral part of the instructional program through
fire prevention and emergency procedures and drills.
Each principal will be responsible for the supervision of a safety program for his/her school.
The safety program may include, but not be limited to, in-service training, plant inspection, fire
prevention, accident recordkeeping, and emergency procedures and drills.
It shall be the duty of the Board to provide inspections and supervision of the health and safety
aspects of the BOCES facilities.
Eye safety devices are to be provided by the BOCES for the protection of employees, students
and visitors, and worn in the technology education classes and labs when activities present a potential
eye hazard. The District Superintendent or his/her designee will insure that these devices are properly
repaired, cleaned and stored to prevent the spread of germs or diseases after individuals use them.
Each classroom teacher is responsible for the safe and proper use of all instructional materials
and equipment by students in his/her classroom.
Eye Safety/Student Use of Hand-Held Laser Pointers
Eye safety devices are to be provided by the School District for the protection of employees,
students and visitors, and worn in the technology education classes and labs when activities present a
potential eye hazard. The District Superintendent or his/her designee will ensure that these devices are
properly repaired, cleaned and stored to prevent the spread of germs or diseases after individuals use
them.
Each classroom teacher is responsible for the safe and proper use of all instructional materials
and equipment by students in his/her classroom. Laser pointers are to be used by students only when
such use is approved and supervised by the classroom instructor.
Students will be advised not to stare directly into the beam from a laser pointer or direct the
beam at the eyes of another individual. Students are not to aim the pointer into the audience. Students
are to be made aware of the hazards associated with the particular type of laser pointer used.
Education Law Sections 409, 409-a, 807-a, and 906
8 New York Code of Rules and Regulations
(NYCRR) Part 136 and Section 141.10
Adopted: 7/10/02
2002 7111
1 of 2
Instruction
SUBJECT: FIRE DRILLS AND BOMB THREATS
Fire Drills
The administration of each school building shall instruct and train students, through fire drills,
in procedures for leaving the building in the shortest possible time and without confusion or panic.
Fire drills shall be held at least twelve (12) times in each school year; eight (8) of these shall be
held between September 1 and December 1. At least one (1) of the twelve (12) drills shall be held
during each of the regular lunch periods, or shall include special instruction on the procedures to be
followed if a fire occurs during a student's lunch period.
At least two (2) additional drills shall be held during summer school in buildings where summer
school is conducted and one of these drills shall be held during the first week of summer school.
After-School Programs
The building principal or his/her designee shall require those in charge of after-school
programs, attended by any individuals unfamiliar with the school building, to announce at the
beginning of such programs the procedures to be followed in the event of an emergency.
Bomb Threats For BOCES Operated Facilities
The building principals will follow established procedures to insure the safety of students and
maximize the chance of apprehending the caller.
A bomb threat, even if later determined to be a hoax, is a criminal action. No bomb threat
should be treated as a hoax when it is first received. The school has an obligation and responsibility to
ensure the safety and protection of the students and other occupants upon the receipt of any bomb
threat. This obligation must take precedence over a search for a suspect object. Prudent action is
dependent upon known information about the bomb threat - location, if any; time of detonation; etc. If
the bomb threat is targeted at the school parking lot or the front of the school, building evacuation may
not be an appropriate response. If the bomb threat indicates that a bomb is in the school, then building
evacuation is necessary unless the building has been previously inspected and secured in accordance
with State Education Department Guidelines and as incorporated in the School Emergency
Management Plan and administrative regulations.
(Continued)
2002 7111
2 of 2
Instruction
SUBJECT: FIRE DRILLS AND BOMB THREATS (Cont'd.)
The Cooperative Board directs the District Superintendent or his/her designee to develop
administrative regulations to implement the terms of this policy. Additionally, such regulations are to
be incorporated in the School Emergency Management Plan, with provisions for written notification
by October 1 of each school year to all students and staff about emergency procedures, an annual
emergency drill, and the annual updating of the School Emergency Management Plan as mandated
pursuant to law and/or regulation.
Education Law Section 807 and 3623
Penal Law Sections 240.55, 240.60 and 240.61
8 New York Code of Rules and Regulations
(NYCRR) Sections 155.13 and 1563(h)(2)
Adopted: 7/10/02
2002 7112
Instruction
SUBJECT: DISASTER PLANNING AND CIVIL PREPAREDNESS
BOCES shall maintain updated plans and operating procedures to be followed in the event of
natural or manmade disasters or enemy attack. Students and staff shall be provided instruction to
respond effectively in emergency situations.
New York State Office of Disaster Preparedness
Adopted: 7/10/02
2002 7113
Instruction
SUBJECT: PREVENTION INSTRUCTION
The following will be offered during regularly scheduled classes to all those students who are
enrolled in our full-time programs:
AIDS Instruction
In compliance with the Regulations of the Commissioner of Education, Oneida BOCES will
provide classroom instruction concerning Acquired Immune Deficiency Syndrome (AIDS) as part of a
sequential and comprehensive health education program.
No student shall be required to receive instruction concerning the methods of prevention of AIDS
if the parent or legal guardian has filed with the school principal or his/her designee a written request
that the student not participate in such instruction, with an assurance that the student will receive this
instruction at home.
Substance Abuse-Prevention Instruction
The Board recognizes the need to educate students on the hazards of alcohol, tobacco and/or drug
abuse. A prevention program will be developed to inform students of:
a) Causes for substance abuse;
b) Physical and psychological damage associated with substance abuse;
c) Avoidance of alcohol, tobacco and drugs.
d) Dangers of driving while under the influence of alcohol or drugs.
Student Safety
Instruction in courses in technology education, science, home and career skills, art and physical
education, health, and safety, if any, shall include and emphasize safety and accident prevention.
Safety instruction shall precede the use of materials and equipment by students in applicable units
of work in the courses listed above, and instructors shall teach and enforce all safety procedures
relating to the particular courses. These shall include the wearing of protective eye devices and
clothing in appropriate activities.
AIDS Instruction: 8 New York Code of Rules and
Regulations (NYCRR) Section 135.3(b)(2) and (c)(2)
Substance Abuse: Education Law Section 804
8 New York Code of Rules and Regulations
(NYCRR) Section 135.3(a)
Student Safety: Education Law Section 808
8 New York Code of Rules and Regulations
Adopted: 7/10/02 (NYCRR) Sections 107 and 155
2002 7114
Instruction
SUBJECT: DISTRICT MANAGEMENT PLAN
To be prepared for an emergency or crisis in the BOCES and to insure a prompt, thoughtful
response, the District Superintendent will prepare guidelines for the development of a District
Emergency Plan. The plan shall make provision for:
a) Shelter,
b) Evaluation,
c) Early dismissal,
d) Annual written notification to students and staff,
e) An annual drill, and
f) Coordination with local emergency preparedness coordinators.
An Emergency Planning Committee may be established to supervise the plan, and an Emergency
Management Plan Coordinator may be appointed with responsibility for overall coordination and
decision-making should an emergency occur.
The Cooperative Board may create and sustain a control center in anticipation of an emergency.
Further, a survey shall indicate the location of potential emergency sites on School District property as
well as within the community itself.
8 New York Code of Rules and Regulations
(NYCRR) Section 155.13
Adopted: 7/10/02
2002 7120
1 of 2
Instruction
SUBJECT: STUDENTS WITH DISABILITIES
The Oneida Board of Cooperative Educational Services recognizes the existence of individual
differences in the intellectual, social, emotional and physical development of children attending school
in the component districts. In recognizing these differences the Board supports a system of services
offered to our component districts for student with disabilities.
Program Accessibility
The Board affirms its compliance with those sections of the Rehabilitation Act of 1973 dealing
with program accessibility.
Section 504 of the Rehabilitation Act prohibits discrimination against qualified individuals with
disabilities in federally assisted programs or activities solely on the basis of disability. The BOCES
shall make its programs and facilities accessible to all its students with disabilities.
The BOCES official responsible for coordination of activities relating to compliance with
Section 504 is the BOCES Assistant Superintendent. He/she shall provide information, including
complaint procedures, to any person who feels his or her rights under Section 504 have been violated
by the BOCES or its officials.
All students with disabilities shall be provided with full access and opportunity to participate in
BOCES programs and extracurricular activities which are available to all other students enrolled in the
Oneida BOCES. Parents/guardians of students with disabilities shall receive timely notice of such
programs and activities.
NOTE: Refer also to Policy #1440 -- Non-Discrimination.
Grouping By Similarity of Needs
The Board will provide appropriate special education and related services to students with
disabilities. For those students for whom an appropriate education requires that they be placed together
for purposes of special education, the following guidelines shall apply:
a) That each student with a disability shall be identified, evaluated and placed as determined
by the Committee on Special Education (CSE) of the home school district.
b) The Committee shall determine written goals and corresponding short-term instructional
objectives for each student with a disability by considering the special and individual needs
of each student with a disability.
(Continued)
2002 7120
2 of 2
Instruction
SUBJECT: STUDENTS WITH DISABILITIES (Cont'd.)
c) The CSE shall provide information to those teachers and professionals who arrange
instructional groups for students with disabilities. Information shall include physical,
psychological and social information as well as achievement test results.
d) The curriculum and instruction provided to students with disabilities who are grouped by
similarity of needs shall be consistent with the individual needs of each student in the
group.
e) Students with disabilities may be grouped according to (1) academic or educational
achievement and learning characteristics; (2) social needs; (3) physical development; and
(4) management needs.
f) When grouping students by similarity of needs, the social needs or physical development of
a student shall not be the sole determinant for placement of a student in a special education
program.
g) A student's range of needs should be limited to the extent that one student's needs do not
infringe on another student's ability to learn.
20 United States Code (U.S.C.) Sections 1400-1485,
Individuals with Disabilities Education Act (IDEA)
Education Law Sections 4401-4407
8 New York Code of Rules and Regulations
(NYCRR) Sections 100.5, 100.9, 200.2(b)(1) and
(b)(3), 200.2(c)(2)(v), and 200.6(a)(1) and (a)(3)
Adopted: 7/10/02
2002 7121
Instruction
SUBJECT: DISCIPLINE OF STUDENTS WITH DISABILITIES
Generally, should a student with a disability infringe upon the established rules of BOCES,
disciplinary action shall be in accordance with procedures set forth in the Student Conduct and
Discipline Code and in conjunction with applicable law and the determination of the Committee on
Special Education. In the case of suspension of a student who has been identified as having a
disability, determination has to be made regarding whether or not the suspension is related to the
disability; as such, a referral must be made to the Committee on Special Education for a consideration
for change of placement. BOCES must ensure that no student with a disability is suspended in excess
of ten (10) cumulative days, unless otherwise permitted by law, without a referral to the Committee on
Special Education. Suspension includes both in-school and out-of-school suspension.
Education Law Section 3214
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(1)
NOTE: Refer also to Policies #6210 -- Student Conduct and #6216 -- Student Discipline.
Adopted: 7/10/02
2002 7122
1 of 2
Instruction
SUBJECT: TIME OUT ROOMS
The Cooperative Board acknowledges that behavior management practices for students may
sometimes include the use of time out rooms. A time out room is an area for a student to safely de-
escalate, regain control and prepare to meet expectations to return to the educational program. Time
out rooms are to be used in conjunction with a written therapeutic behavior management plan in which
a student is removed to a supervised area in order to facilitate self control or when a student may be
harmful to himself/herself or others. A time out room shall only be used in conjunction with a
behavior management program which teaches and reinforces acceptable behaviors.
Students whose behavior management plan permits the use of a time out room, may be assigned
time out by the Oneida BOCES administration or instructional staff.
School administrators and staff will be provided inservice training on the policies and procedures
related to the use of time out rooms, the differentiation between Alternative Learning Centers (ALC)
and time out rooms and related behavior management practices.
NOTE: An Alternative Learning center is an area outside of the classroom where a student is
sent when he or she needs to be away from the group until his or her behavior conforms to the
standards of the classroom.
A time out room must include a means for continuous monitoring of the student, both visually
and aurally. The time out room must be of an adequate size (width, length and height) to allow the
student to move about and recline comfortably. The ceiling height must be consistent with the ceiling
height throughout the building. Wall and floor coverings should be designed to prevent injury. There
should be adequate lighting and ventilation and the temperature of the room should be within the
normal comfort range and consistent with the rest of the building. The room must be clean and free of
objects and fixtures that could be potentially dangerous to a student and must meet all local fire and
safety codes.
The time out room must be unlocked and the door must be able to be opened at will from the
inside at all times. THE USE OF LOCKED ROOMS OR SPACES FOR THE PURPOSES OF TIME
OUT IS PROHIBITED. To insure a student's safety, staff assigned to monitor the time out room must
be able to see and hear the student at all times. Ongoing individual decisions are necessary to assess a
student's need for direct adult intervention in the time out room to ensure prevention of injury to the
student.
(Continued)
2002 7122
2 of 2
Instruction
SUBJECT: TIME OUT ROOMS (Cont'd.)
A time out log shall be maintained for each use of the time out room to monitor the effectiveness
of the time out procedure to decrease specified behaviors. Pertinent information to consider includes,
but is not limited to, the following: the times the student entered and exited the time out room; the
student's behavior during and upon exit of the time out room; and the name(s) of the staff member(s)
who initiates the time out room placement, supervises the student during the time out procedure, and
removes the student from the time out room.
When the behavior management plan for a student with a disability includes the use of a time out
room, this must be specified in the student's Individualized Education Program (IEP). Data on the use
of the time out room by a student, as described in the physical and monitoring requirements noted
above, must be included in the materials reviewed by the Committee on Special Education or the
Committee on Preschool Special Education.
The amount of time a student will need to be in a time out room will vary with the student's age,
individual needs and behavior management plan. To insure that a time out room is not being used to
the detriment of a student's educational program, staff will be assigned to monitor the amount of time
that a student is in a time out room. A student will not be in a time out room for more than 50% of the
school day without administrative approval. The behavior management plan will specify the interval
of time that a student is in a time out room before being given the opportunity to exit.
Parents/legal guardians shall be informed by the classroom teacher prior to the initiation of an
approved behavioral management plan for their child which will incorporate the use of a time out
room. Upon request, parents/legal guardians will be shown the physical space that will be used for
time out. Parents/legal guardians will be provided a copy of the BOCES policy on the use of time out
rooms.
The Cooperative Board will review this policy on an annual basis and amend it when
appropriate.
Adopted: 7/10/02
2002 7130
Instruction
SUBJECT: CAREER EDUCATION
Equal Opportunity
The Oneida Board of Cooperative Educational Services prohibits discrimination on the basis of
sex, race, color, national origin or disability in any occupational program or activity of this BOCES.
The career program and/or activities shall be readily accessible to students with disabilities.
Public Notification
Prior to the beginning of each school year or academic semester, the Oneida BOCES shall issue
an appropriate public announcement which advises students, parents, employees and the general
public that career education opportunities will be offered without regard to sex, race, color, national
origin or disability. Included in such announcement will be the name, address, and telephone number
of the person designated to coordinate Title IX/Section 504/ADA activities.
Grievance Procedure
Grievance procedures for resolving complaints regarding discrimination based on sex and/or
disability shall be disseminated to adequately inform students, parents and employees of the existence
of these procedures.
Adult Students in Career Education Classes
It is the policy of the Oneida Board of Cooperative Educational Services to accept adult students
only when such enrollment does not exclude regular, daytime high school students.
The tuition amount charged adults will be adjusted from time to time by appropriate Board
action.
Education Law Article 93
Education Law Section 3202(1)
8 New York Code of Rules and Regulations
(NYCRR) Sections 100.2(h) and 141 et seq.
NOTE: Refer also to Policy #1440 -- Non-Discrimination.
Adopted: 7/10/02
2002 7140
Instruction
SUBJECT: EVALUATION OF INSTRUCTIONAL PROGRAMS AND SERVICES
Evaluation may be concerned with the extent to which:
a) Each staff member performs at full potential;
b) Each student attending BOCES programs achieves in accordance with his/her ability;
c) The total learning environment, including institutional processes, physical facilities, and
the students, contributes to the accomplishment of the goals of the BOCES.
The Cooperative Board expects staff members to maintain a continual program of evaluation at
every level to determine the extent of progress toward the BOCES objectives. The Cooperative Board
will periodically request the District Superintendent to present factual information which it considers
necessary to evaluate the effectiveness of the BOCES instructional program.
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(m)
Adopted: 7/10/02
2002 7150
Instruction
SUBJECT: INSTRUCTION FOR STUDENTS WITH LIMITED ENGLISH PROFICIENCY
The Board recognizes its responsibility to ensure that students of foreign birth or ancestry, who
have limited English proficiency, are provided with an appropriate program of bilingual transitional
education or a free-standing program of instruction composed of English as a Second Language
component. Regulations and procedures shall be developed pursuant to the Regulations of the
Commissioner to:
a) Identify those students with limited English proficiency by means of a diagnostic screening
of new entrants and provide a program of bilingual education or English as a Second
Language for eligible students. A plan shall be developed to meet the educational needs of
each student and proficiency will be measured annually by a language assessment
instrument in order to determine further participation by a student. The plan will include
assessment of each student's performance in content areas to measure the student's
academic progress. State mandated tests may be offered in a student's native language.
b) Ensure that such students have access to appropriate instructional and support services,
including guidance programs pursuant to Commissioner's Regulations, and the opportunity
to participate in BOCES educational programs, including all existing extracurricular
programs and activities, which are available to all other students enrolled in BOCES
courses and/or programs.
A student whose score on an English language assessment instrument as specified in Section
154.2(a) of the Commissioner's Regulations is a result of a disability shall be provided special
education programs and services in accordance with the individualized education program (IEP)
developed for such student and shall also be eligible for services pursuant to Part 154 of the
Commissioner's Regulations when these services are recommended in the IEP.
The parent/guardian of a student identified as limited English proficient shall be informed in
his/her native language, if necessary, of the student's placement in an instructional program.
The District Superintendent shall ensure that all data required by the Commissioner's
Regulations is submitted to the State Education Department in a timely manner.
Education Law Section 3204(2)(2-a)
8 New York Code of Rules and Regulations
(NYCRR) Sections 80.9, 100.2(g), 117, and 154
Adopted: 7/10/02
2002 7160
Instruction
SUBJECT: INSTRUCTIONAL TECHNOLOGY
The Cooperative Board recognizes its responsibility to further the BOCES educational goals
through the use of appropriate and high quality technological materials and equipment. For the
purpose of this policy, technology refers to computers, interactive videodiscs, Compact Disc-Read
Only Memory (CD-ROM) devices, local area networks, satellite transmission and other
telecommunications equipment.
Continuing advances in technology are bringing about changes that have an increasing impact on
the way we obtain, process, evaluate and use information. Therefore, the BOCES is committed to:
a) A comprehensive staff development program to ensure appropriate and effective use of
technology.
b) The preparation of students to utilize multiple types of technology.
c) The integration of technology within and across all curriculum areas.
d) The equitable distribution and access to technological equipment and materials for all
students.
e) The promotion of technology as an alternative to traditional methods of gathering,
organizing and synthesizing information.
f) The provision of sufficient funds, within the budgetary constraints of the Board, for the
implementation of technology instruction.
The Board directs the District Superintendent or his/her designee to assess the technological
needs of the BOCES instructional program, research and review current materials and make
recommendations to the Board.
Adopted: 7/10/02
2002 7210
Instruction
SUBJECT: MEDIA PREVIEW AND PURCHASING
The Oneida Board of Cooperative Educational Services shall collect and maintain a media library
for the purpose of assisting and improving instruction for those component districts which subscribe to
its service.
No media shall be purchased for the Oneida Board of Cooperative Educational Services without
having been previewed by the Director/designee in charge of that division.
Purchase of recommended media by the Oneida Board of Cooperative Educational Services is
solely for the purpose of making materials available to participating schools and in no way shall be
construed to mandate or dictate the use of a specific item by any individual or school district.
Adopted: 7/10/02
2002 7220
Instruction
SUBJECT: CONTROVERSIAL ISSUES
Controversial issues may be studied as part of the curriculum and teachers shall present these
issues in their classrooms in an impartial and objective manner.
Teachers wishing to call upon outside speakers in the presentation of controversial issues are
required to obtain the approval of the principal who shall keep in mind the obligation for presenting
opposing views as well, and who shall inform the District Superintendent prior to the presentation.
It is also recognized that parents and citizens of the community have a right to object to perceived
unfair and prejudiced presentations made by a teacher. In considering such objections, the District
Superintendent shall provide for a hearing so that both parties may fairly express their views. If
requested, the District Superintendent's decision may be appealed to the Oneida Board of Cooperative
Educational Services.
Adopted: 7/10/02
2002 7230
Instruction
SUBJECT: USE OF COPYRIGHTED MATERIALS
It is the intent of the Oneida Board of Cooperative Educational Services to abide by the
provisions of the United States Copyright Law (Title 17, United States Code, Sections 101, et seq.).
All employees and students are prohibited from copying materials not specifically allowed by the
copyright law, fair use guidelines, licenses or contractual agreements, or the permission of the
copyright proprietor.
Any employee or student who willfully disregards the copyright policy shall be in violation of
Federal Copyright Laws and Board policy and shall assume all liability.
A copyright officer may be appointed by the District Superintendent to provide information for
all personnel regarding current copyright law and to maintain copyright records.
Regulations and procedures shall be developed by the administration detailing what can and
cannot be copied. Appropriate copyright notices will be placed on or near all equipment used for
duplication.
Title 17, United States Code Sections 101 et seq.
Adopted: 7/10/02
2002 7231
Instruction
SUBJECT: COMPUTER SOFTWARE COPYRIGHT
It is the intent of the Oneida BOCES to adhere to the provisions of copyright laws in the area of
microcomputer programs. Though there continues to be controversy regarding interpretation of those
copyright laws, the following procedures represent a sincere effort to operate legally. We recognize
that computer software piracy is a major problem for the industry and that violations of computer
copyright laws contribute to higher costs and greater efforts to prevent copies and/or lessen incentives
for the development of effective educational uses of microcomputers. Therefore, in an effort to
discourage violation of copyright laws and to prevent such illegal activities:
a) The ethical and practical problems caused by software piracy will be taught in BOCES
buildings.
b) BOCES employees will be expected to adhere to the provisions of Public Law 96-517,
Section 7(b) which amends Section 117 of Title 17 of the United States Code to allow for
the making of a back-up copy of computer programs. This states that "… it is not an
infringement for the owner of a copy of a computer program to make or authorize the
making of another copy or adaptation or that computer program provided:
1. That such a new copy or adaptation is created as an essential step in the utilization of
the computer program in conjunction with a machine and that it is used in no other
manner, or
2. That such a new copy and adaptation is for archival purposes only and that all
archival copies are destroyed in the event that continued possession of the computer
program should cease to be rightful".
c) When software is to be used on a disk sharing system, efforts will be made to secure this
software from copying.
d) Illegal copies of copyrighted programs may not be made or used on school equipment.
e) The legal or insurance protection of the BOCES will not be extended to employees who
violate copyright laws.
f) A designated copyright officer is the only individual who may sign license agreements for
software in the BOCES. (Each school using the software also should have a signature on a
copy of the software agreement for local control.)
g) The principal of each school site is responsible for establishing practices which will
enforce this policy at the school level.
Adopted: 7/10/02
2002 7240
Instruction
SUBJECT: TEXTBOOKS AND OTHER INSTRUCTIONAL MATERIALS
Textbooks and other instructional materials necessary to provide an appropriate educational
program for students shall be provided by the Board of Cooperative Educational Services. They shall
be selected by appropriate instructional personnel and recommended to the District Superintendent or
his/her designee for approval. Optional materials may be considered for students whose parent(s)
and/or guardian(s) find instructional materials objectionable.
Students may be charged for textbooks or supplemental books that have been lost, destroyed,
damaged or defaced.
In the Career Education program, certain textbooks, instructional supplies and safety equipment
may be sold to the students when these materials can reasonably be expected to be needed by the
students as they pursue the careers for which they are being trained.
Education Law Section 701 et seq.
Adopted: 7/10/02
2002 7241
Instruction
SUBJECT: OBJECTION TO INSTRUCTIONAL MATERIALS
Any criticism of instructional materials that are in the BOCES programs shall be submitted in
writing to the District Superintendent. The Cooperative Board will be informed. A committee which
includes the building principal will be designated by the District Superintendent to investigate and
judge the challenged material.
Adopted: 7/10/02
2002 7250
Instruction
SUBJECT: ACCESS TO NETWORKED INFORMATION RESOURCES
The Internet is a worldwide network of computer networks. It is comprised of thousands of
separately administered networks of many sizes and types. Each of these networks is comprised of as
many as tens of thousands of computers. The total number of individual users of the Internet is in the
millions. This high level of connectivity fosters an unparalleled degree of communication,
collaboration, resource sharing and information access. The Internet user has the ability to share
information, do research projects and communicate with others.
a) The Oneida-Herkimer-Madison BOCES believes that the benefits to students and
employees from access to electronic information resources exceed the disadvantages.
However, independent student and employee use of telecommunications and electronics
information resources will only be permitted upon submission of permission and agreement
forms by students, by parents of minor students and by employees. Regional network
connections may also require agreement by users to acceptable-use policies outlining
standards for behavior and communication.
b) Both the Oneida-Herkimer-Madison BOCES local area network (LAN) and the Mohawk
Regional Information Center's wide area network (WAN) contain files, databases and
programs not intended for student and/or employee use. Moreover, some of the systems on
the Internet contain defamatory, inaccurate, abusive, offensive, illegal or adult-oriented
material.
c) In light of the foregoing, the District Superintendent is hereby authorized to promulgate
regulations which:
1. Define and establish which students and employees may have access to networked
resources;
2. Promote and facilitate communication and collaboration among computer users on a
local, national and international level;
3. Define the acceptable use standards;
4. Prohibit the transmission on the Internet of any confidential information regarding
any BOCES student or employee unless proper security measures are in place;
5. Provide a mechanism for monitoring and limiting unauthorized use of the resources;
and
6. Provide a clear disciplinary framework for such unauthorized use.
Adopted: 7/10/02
2002 7253
1 of 4
Instruction
SUBJECT: INTERNET SAFETY POLICY
Although the Oneida-Herkimer-Madison BOCES recognizes the value of the Internet as an
educational tool, it also understands that information with no redeeming social value is accessible
through the Internet.
Oneida-Herkimer-Madison BOCES has developed and will enforce this Internet Safety Policy in
compliance with the Children's Internet Protection Act (CIPA) and the Neighborhood Children's
Internet Protection Act (NCIPA).
In addition, Oneida-Herkimer-Madison BOCES maintains its "Access to Networked Information
Resources Policy," which governs the acceptable use of the Internet by students and employees.
Oneida-Herkimer-Madison BOCES personnel located at component schools will abide by the
local district Internet safety policy implemented at the school. If the district does not have an Internet
safety policy in place, Oneida BOCES personnel will follow the Internet Safety Policy as specified in
this document.
All Oneida-Herkimer-Madison BOCES personnel and students located at any location other than
a local school district building will follow the Internet Safety Policy as specified in this document.
Access to the Internet using Oneida BOCES equipment is subject to the following restrictions:
Filtering
Filtering software will be used to block minors' access to:
a) Visual depictions that are:
1. Obscene
2. Child pornography
3. Harmful to minors
b) Internet sites which, in the Board's determination, contain material which is "inappropriate
for minors."
Filtering will be in place on all Oneida BOCES owned computers on or before June 30, 2002.
Adult access to visual depictions that are obscene and/or child pornography will also be blocked.
However, the District Superintendent or his/her designee may disable the software to enable access to
blocked sites for bona fide research or other lawful purposes.
(Continued)
2002 7253
2 of 4
Instruction
SUBJECT: INTERNET SAFETY POLICY (Cont'd.)
Matter Inappropriate for Minors
The Board will from time to time determine by resolution what Internet material is
"inappropriate for minors" in Oneida BOCES. This determination will be based on community
standards.
Safety of Minors When Using Direct Electronic Communications
In using the computer network and Internet, minors are not permitted to reveal personal
information such as home addresses, telephone numbers, their last names or any information which
might allow someone they are communicating with online to locate them. No minor may arrange a
face-to-face meeting with someone he/she "meets" on the computer network or Internet without
his/her parent's permission.
Before utilizing any electronic communications (including but not limited to electronic mail and
"chat rooms") in any instructional setting, students will be taught that they must disclose to their
teacher any message they receive that is inappropriate or makes them feel uncomfortable. They must
also be taught that they must never agree to meet with someone they have met online without their
parent's approval.
Unauthorized Access and Other Unlawful Activities
It is a violation of this policy to:
a) Use the Oneida-Herkimer-Madison BOCES computer network or the Internet to gain
unauthorized access to other computers or computer systems, or to attempt to gain such
unauthorized access;
b) Damage, disable or otherwise interfere with the operation of computers, computer systems,
software or related equipment through physical action or by electronic means; and/or
c) Violate state or federal law relating to copyright, trade secrets, the distribution of obscene
or pornographic materials, or any other applicable law or municipal ordinance.
(Continued)
2002 7253
3 of 4
Instruction
SUBJECT: INTERNET SAFETY POLICY (Cont'd.)
Unauthorized Disclosure and Dissemination of Personal Identification Information Regarding
Minors
Personally identifiable information concerning minors may be not be disclosed or used in any
way on the Internet (e.g., on the Oneida-Herkimer-Madison BOCES web page or otherwise) without
permission of a parent or guardian. If a student is 18 or over, the permission may also come from the
student himself/herself.
Procedure for Review of Filtering Policy in Which an Individual Has a Concern About
Implementation
For any complaint concerning implementation of filtering, an attempt should be made to resolve
the issue informally.
If the complaint is not resolved informally, the individual will fill out a "Request for Review of
Internet Filtering Form" and a committee appointed by the District Superintendent will consider this
form. The committee may at the discretion of the District Superintendent include legal counsel. The
individual submitting the request shall have the right to attend the meeting of the committee and
present any arguments in support of their position. The committee will prepare a report containing
recommendations. These recommendations may include, but are not limited to:
a) If the request is from a student, Oneida BOCES will provide adult supervision during the
scheduled times to allow the student access to the requested material.
b) Make the necessary changes to the filtering servers.
c) Deny the request.
The committee's recommendation will be forwarded to the District Superintendent for
disposition of the matter.
If the complainant is still not satisfied, he/she may ask the District Superintendent to present an
appeal to the Cooperative Board, which will make a final determination of the issue. The District
Superintendent will deliver a copy of the complaint, the report of the committee and his/her
determination to the Board. The Cooperative Board may seek assistance from its legal counsel and
outside organizations such as the American Library Association for Supervision and Curriculum
Development.
(Continued)
2002 7253
4 of 4
Instruction
SUBJECT: INTERNET SAFETY POLICY (Cont'd.)
Regulations and Dissemination
The District Superintendent is authorized to develop and implement regulations consistent with
this policy. The District Superintendent will also be responsible for disseminating the policy and
associated regulations to school personnel and students.
Appendix A
Generally speaking, "obscenity" is defined as any work that an average person (applying
contemporary community standards) would find, taken as a whole, appeals to a prurient interest. The
work also must depict or describe, in a patently offensive way, sexual conduct as specifically defined
in state law. Moreover, the work, taken as a whole, has to lack serious literary, artistic, or political or
scientific value. (See 18 U.S.C. 1460 and the cases interpreting that statute.)
"Child pornography" is defined as: … any visual depiction, including a photograph, film,
video, picture, or computer or computer-generated image or picture, whether made or produced by
electronic, mechanical or other means, of sexually explicit conduct, where (a) the production of visual
depiction involves the use of a minor (someone under the age of 18) engaging in sexually explicit
conduct; (b) such visual depiction is or appears to be, of a minor engaging in sexually explicit conduct;
(c) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is
engaging in sexually explicit conduct; (d) such visual depiction is advertised, promoted, presented,
described or distributed in such a manner that conveys the impression that the material is or contains a
visual depiction of a minor engaging in sexually explicit conduct. (18 U.S.C. 2256[8]).
The phrase "harmful to minors" is defined as: …any picture, image, graphic image, file, or
other visual depiction that (a) taken as whole and with respect to minors (defined here as anyone under
the age of 17), appeals to a prurient interest in nudity, sex or excretion; (b) depicts, described, or
presents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated
sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition
of the genitals; and (c) taken as a whole lacks serious literary, artistic, political or scientific value as to
minors. (Public Law 106-554, 1703(b)(2).)
The phrase "matter/material inappropriate for minors" must be defined by a determination
by the Board applying local community standards. (Public Law 106-554, 1732(1)(2).)
The Children's Internet Protection Act (CIPA)
The Neighborhood Children's Internet Protection
Act (NCIPA) (Public Law 106-554)
Adopted: 7/10/02
2002 7310
Instruction
SUBJECT: FIELD TRIPS
The Board of Cooperative Educational Services, recognizing the inherent value of properly
organized and conducted field trips to the educational process, endorses the use of these learning
experiences to the degree which financial resources permit. Prior approval of the District
Superintendent or designee shall be secured in advance of the intended date of the field trip.
Overnight field trips require approval at least two weeks in advance, thus allowing for sufficient
time to communicate with parents, school officials and relevant contact organizations. Appropriate
BOCES approved transportation shall be provided, as well as proper adult supervision, maintenance of
health and safety conditions, and appropriate insurance coverage of student and adult participants.
Field trip parental permission slips must be completed and sent home with each participating
student. A signed permission slip from the parent/legal guardian must be received before the student
may participate in the trip.
Transportation
Transportation may be provided for field trips that enhance or enrich the educational program.
Arrangements shall be made in accordance with administrative procedures.
Adopted: 7/10/02
2002 7320
Instruction
SUBJECT: SCHOOL CALENDAR/SCHOOL DAY
School Calendar
The Board of Cooperative Educational Services shall adopt a school calendar annually upon the
recommendation of the District Superintendent. Efforts shall be made to encourage the development
and promotion of a common calendar for the school districts within this BOCES.
School Day
The official school day shall provide sufficient opportunity to implement the educational
programs and services. The school day shall be flexible enough to accommodate the diverse and
various needs of the students, staff(s) or district(s) being served.
Adopted: 7/10/02
2002 7330
Instruction
SUBJECT: HOMEWORK
Homework is a significant supplemental learning experience for the individual student. Care
must be taken that homework demands on the individual shall be reasonable and shall not preclude
other worthwhile instructional experiences.
Adopted: 7/10/02
2002 7340
Instruction
SUBJECT: PRACTICAL EXPERIENCE
The Board endorses the principle that actual work in various occupations such as cosmetology,
auto mechanics, building trades, offset lithography, etc., provides effective meaningful career
education. The office of the District Superintendent shall assume responsibility for control of the
process of obtaining and performing such work and/or services with the provision that Board members
and employees of both BOCES and its component school districts and their immediate families
(spouse, mother, father, sister, brother) are ineligible for participation in the building trades program
involving off campus work.
Adopted: 7/10/02
ONEIDA BOCES POLICY INDEX
ABSENCES AND EXCUSES -- STUDENT ...........................................................................................6110
ACCEPTANCE OF GIFTS, GRANTS AND BEQUESTS TO BOCES .................................................4323
ACCESS TO NETWORK INFORMATIONAL RESOURCES ..............................................................7250
ACCESS TO PUBLIC RECORDS...........................................................................................................2310
ACCIDENT INSURANCE.......................................................................................................................6420
ACCIDENTS/FIRST AID TREATMENT ...............................................................................................6420
ACCOUNTABILITY FOR BOCES FUNDS...........................................................................................4440
ACCOUNTABILITY OF BOCES PERSONAL PROPERTY ................................................................4320
ACCOUNTING OF FIXED ASSETS ......................................................................................................4470
ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS)/HUMAN IMMUNODEFICIENCY
VIRUS (HIV) ..................................................................................................................................5141, 6451
ADMINISTRATIVE AND SUPERVISORY PERSONNEL/SELECTION PROCEDURES.................3112
ADMINISTRATIVE COUNCIL..............................................................................................................3222
ADMINISTRATIVE COUNCILS, CABINETS AND COMMITTEES..................................................3220-22
ADMINISTRATIVE INTERNS...............................................................................................................3140
ADMINISTRATIVE ORGANIZATION AND OPERATION ................................................................3210
ADMINISTRATION OF BUDGET.........................................................................................................4130
ADVISORY COMMITTEES ...................................................................................................................1571
AGENDA (BOARD MEETINGS) ...........................................................................................................1438
AIDS -- ACQUIRED IMMUNE DEFICIENCY SYNDROME/HUMAN IMMUNODEFICIENCY
VIRUS (HIV) ..................................................................................................................................5141, 6451
ALCOHOL AND DRUG ABUSE............................................................................................................5160, 6220
ANNUAL MEETING...............................................................................................................................1437
ATTENDANCE -- STUDENT .................................................................................................................6110
ATTENDANCE AT CONFERENCES, CONVENTIONS AND WORKSHOPS...................................1520, 5210
ATTENDANCE OF THE BOARD .........................................................................................................1230
ATTORNEY: DUTIES OF SCHOOL.....................................................................................................1316
AUTHORIZATION TO EMPLOY TEMPORARY AND/OR PART-TIME EMPLOYEES..................5151
ONEIDA BOCES POLICY INDEX (Cont'd.)
BEHAVIOR/DISCIPLINE -- STUDENT ................................................................................................6210-14,
7121
BEQUESTS, GRANTS AND GIFTS TO BOCES -- ACCEPTANCE OF..............................................4323
BOARD
Advisory Committees to the Board.................................................................................................1571
Board Committees...........................................................................................................................1570
Board Communications with Component Districts ........................................................................1340
Board Compensation and Expenses ................................................................................................1560
Board Evaluation.............................................................................................................................1540
Board Member Attendance .............................................................................................................1230
Board Member Attendance at Conferences, Conventions and Workshops ....................................1520
Board Member Authority ................................................................................................................1110
Board Member Nomination and Election .......................................................................................1220
Board Member Qualifications.........................................................................................................1210
Board Member Resignations/Removal From Office.......................................................................1230
Board Membership in Associations ................................................................................................1530
Board Officers - Powers and Duties................................................................................................1310
Board Orientation............................................................................................................................1550
Board Rule Making .........................................................................................................................1320
Board Vacancies..............................................................................................................................1230
Code of Ethics .................................................................................................................................5110
Committees .....................................................................................................................................1570
Compensation and Expenses...........................................................................................................1560
Defense and Indemnification of Board Members and Employees..................................................5360
Membership in Association.............................................................................................................1530
Number of Members and Term of Office .......................................................................................1120
Orienting New Members.................................................................................................................1550
Organization and Authority.............................................................................................................1110
Professional Development For Board Members .............................................................................1520
Powers and Duties...........................................................................................................................1310
Term of Office.................................................................................................................................1120
Vacancies ........................................................................................................................................1230
BOARD ATTORNEY -- DUTIES OF ....................................................................................................1316
BOARD AUDITOR (INTERNAL) -- DUTIES OF .................................................................................1315
BOARD CLERK -- DUTIES OF..............................................................................................................1313
BOARD - DISTRICT SUPERINTENDENT RELATIONSHIP..............................................................1330
BOARD PRESIDENT -- DUTIES OF .....................................................................................................1311
BOARD PURCHASING AGENT -- DUTIES OF...................................................................................1317
BOARD TREASURER -- DUTIES OF ...................................................................................................1314
BOARD VICE PRESIDENT -- DUTIES OF ..........................................................................................1312
ONEIDA BOCES POLICY INDEX (Cont'd.)
PUBLIC RELATIONS AND COMMUNICATIONS..............................................................................2110
BOMB THREATS AND FIRE DRILLS..................................................................................................7111
BUDGET ADMINISTRATION...............................................................................................................4130
BUDGET DEVELOPMENT AND ADOPTION .....................................................................................4120
BUDGET PLANNING AND PREPARATION .......................................................................................4110
BUDGET TRANSFERS...........................................................................................................................4130
CABINET .................................................................................................................................................3221
CAREER EDUCATION...........................................................................................................................7130
CAREER EDUCATION ADVISORY COMMITTEES ..........................................................................1571
CHIEF SCHOOL ADMINISTRATORS' COUNCIL ..............................................................................3222
CALENDAR: SCHOOL..........................................................................................................................7320
CASH IN SCHOOL BUILDINGS/PETTY CASH FUNDS ....................................................................4440
CENSORSHIP OF NON-SCHOOL STUDENT PUBLICATIONS ........................................................6510
CHILD ABUSE AND NEGLECT............................................................................................................6430
CHILDREN WITH DISABILITIES.........................................................................................................7120-21
CIVIL RIGHTS COMPLIANCE OFFICER ............................................................................................1440, 5170,
6460-61, 7120,
7140
CLOSING OF SCHOOLS ........................................................................................................................2140
CO-CURRICULAR AND EXTRACURRICULAR ACTIVITIES .........................................................6530
CODE OF ETHICS FOR ALL BOCES PERSONNEL ...........................................................................5110
COMMITTEES AND COUNCILS
Administrative Council ...................................................................................................................3222
Administrative Councils, Cabinets and Committees.......................................................................3220-22
Advisory Committees......................................................................................................................1571
Board Committees...........................................................................................................................1570
Cabinet ............................................................................................................................................3221
Chief Administrators' Council.........................................................................................................3222
Library Interloan Advisory Committee...........................................................................................1571
Occupational Education Advisory Committee................................................................................1571
Special Education Advisory Committee .........................................................................................1571
COMMUNITY RELATIONS AND COMMUNICATIONS...................................................................2110
ONEIDA BOCES POLICY INDEX (Cont'd.)
COMPENSATION AND EXPENSES .....................................................................................................1560
COMPLAINTS AND GRIEVANCES .....................................................................................................1440, 2420,
5120, 5170,
6460-61, 7120,
7140
CONDUCT AND DISCIPLINE -- STUDENT ........................................................................................6210-14, 7121
CONFERENCE ATTENDANCE
Administrators.................................................................................................................................5210
Board Members ...............................................................................................................................1520
Employees .......................................................................................................................................5210
CONSULTANTS......................................................................................................................................3150
CONTROVERSIAL ISSUES ...................................................................................................................7220
CONSTITUTIONALLY PROTECTED PRAYER IN THE SCHOOLS.................................................6540
COPYRIGHTED MATERIALS...............................................................................................................7230
CORPORAL PUNISHMENT/PHYSICAL RESTRAINT .......................................................................6211
DEFENSE AND INDEMNIFICATION OF BOARD MEMBERS AND EMPLOYEES .......................5360
DESIGNATED EDUCATIONAL OFFICIAL.........................................................................................1319
DESTRUCTION OR LOSS OF BOCES PROPERTY OR RESOURCES..............................................6213
DIRECTORY INFORMATION -- STUDENT ........................................................................................6470
DISABILITIES: STUDENTS WITH ......................................................................................................7120
DISASTER PLANNING AND CIVIL PREPAREDNESS......................................................................7112
DISCIPLINE/CONDUCT -- STUDENT..................................................................................................6210-14, 7121
DISCIPLINE OF STUDENTS WITH DISABILITIES............................................................................7121
DISCRIMINATION .................................................................................................................................1440, 5120-21,
5170, 6440,
6460-61, 7120,
7140
DISPOSAL OF BOCES PROPERTY ......................................................................................................4460
DISTRICT FUNDS -- ACCOUNTABILITY...........................................................................................4440
DISTRICT SUPERINTENDENT.............................................................................................................3111
DONATIONS ...........................................................................................................................................4323
DRESS CODE -- STUDENT....................................................................................................................6214
ONEIDA BOCES POLICY INDEX (Cont'd.)
DRUG-FREE WORKPLACE ..................................................................................................................5161
DRUG AND ALCOHOL ABUSE............................................................................................................5160, 6220
DRUG AND ALCOHOL TESTING OF BUS DRIVERS AND OTHER SAFETY
SENSITIVE EMPLOYEES ............................................................................................................4610
EMERGENCY CLOSINGS .....................................................................................................................2140
EMERGENCY MANAGEMENT PLAN.................................................................................................4532
EMPLOYEE ASSISTANCE PROGRAM ...............................................................................................5350
EMPLOYEE ATTENDANCE AT CONFERENCES..............................................................................5210
EMPLOYEE PERSONNEL RECORDS AND RELEASE OF INFORMATION...................................5220
EMPLOYEE PHYSICAL AND HEALTH SCREENING.......................................................................5140
EMPLOYMENT -- SUMMER (STAFF) .................................................................................................5154
EQUAL EDUCATIONAL OPPORTUNITY...........................................................................................6460, 7140
EQUAL EMPLOYMENT OPPORTUNITY............................................................................................5120
ETHICS
Code of Ethics for All BOCES Personnel.......................................................................................5110
EVALUATION
Evaluation of the District Superintendent, Administrative and Management Personnel ................3120
Evaluation of Instructional Programs and Services.........................................................................7140
Evaluation of Personnel ..................................................................................................................5130
Examinations (Student) ...................................................................................................................6310
Student Evaluation ..........................................................................................................................6310
EXAMINATIONS (STUDENT) ..............................................................................................................6310
EXECUTIVE SESSIONS OF THE BOARD ...........................................................................................1433
EXPENSE REIMBURSEMENT FOR TRAVEL AND CONFERENCE................................................4410
EXPOSURE CONTROL PLAN...............................................................................................................4550
EXTRACURRICULAR ACTIVITY FUNDS..........................................................................................4431
EXTRACURRICULAR AND CO-CURRICULAR ACTIVITIES .........................................................6530
FACILITIES -- INSPECTION, OPERATION AND MAINTENANCE .................................................4511
FACILITIES -- LEASE OF PROPERTIES..............................................................................................4512
ONEIDA BOCES POLICY INDEX (Cont'd.)
FAMILY AND MEDICAL LEAVE ACT ...............................................................................................5340
FEDERAL FUNDS...................................................................................................................................4220
FIELD TRIPS ...........................................................................................................................................7310
FIRE DRILLS AND BOMB THREATS..................................................................................................7111
FIXED ASSETS .......................................................................................................................................4423
...............................................................................................................................................4470
FREEDOM OF INFORMATION.............................................................................................................2310
FUNDS
Accountability For BOCES Funds ..................................................................................................4430
Accounts For Depositing Funds ......................................................................................................4430
Appropriation Accounting...............................................................................................................4430
Extracurricular Activity Funds........................................................................................................4431
Federal and State Funds -- Accountability ......................................................................................4430
Federal and State Funds -- Applications For...................................................................................4220
GIFTS, GRANTS AND BEQUESTS TO BOCES -- ACCEPTANCE OF..............................................4323
GROUPING BY SIMILARITY OF NEEDS (STUDENTS WITH DISABILITIES)..............................7120
GUN-FREE SCHOOLS POLICY ............................................................................................................6241
HARASSMENT -- SEXUAL ...................................................................................................................5121, 6440
HAZARD COMMUNICATION STANDARD .......................................................................................4531
HEALTH EXAMS -- EMPLOYEES.......................................................................................................5140
HEALTH INSURANCE...........................................................................................................................5310
HIV RELATED ILLNESSES/AIDS ........................................................................................................5141, 6451
HOMEWORK...........................................................................................................................................7330
HUMAN IMMUNODEFICIENCY VIRUS - HIV RELATED ILLNESSES/ACQUIRED
IMMUNE DEFICIENCY SYNDROME (AIDS) ...........................................................................5141, 6451
IMMUNIZATIONS ..................................................................................................................................6410
INCIDENTAL TEACHING .....................................................................................................................5153
INSTRUCTION FOR STUDENTS WITH LIMITED ENGLISH PROFICIENCY ................................7150
INSTRUCTIONAL MATERIALS AND TEXTBOOKS.........................................................................7240
INSTRUCTIONAL TECHNOLOGY ......................................................................................................7160
ONEIDA BOCES POLICY INDEX (Cont'd.)
INSURANCE, ACCIDENT......................................................................................................................6420
INSURANCE, HEALTH..........................................................................................................................5310
INTERNAL AUDITOR: DUTIES OF ....................................................................................................1315
INTERNET ACCESS ...............................................................................................................................7250
INTERNET SAFETY ..............................................................................................................................7253
INTERNS..................................................................................................................................................3140, 5151
INTERPRETER SERVICES, PROVISION OF, TO PARENTS WHO ARE HEARING
IMPAIRED......................................................................................................................................6311
INTERROGATIONS AND SEARCHES -- STUDENT ..........................................................................6230
INVESTMENTS.......................................................................................................................................4210
JOB DESCRIPTIONS ..............................................................................................................................5152
JOB, SEPARATION.................................................................................................................................5180
JURY DUTY.............................................................................................................................................5250
LEASE OF PROPERTIES........................................................................................................................4512
LEASED OR OWNED VEHICLES.........................................................................................................4520
LEAST RESTRICTIVE ENVIRONMENT (STUDENT WITH DISABILITIES)..................................7120
LEAVES OF ABSENCE (FAMILY AND MEDICAL LEAVE ACT) ...................................................5340
LIABILITY PROTECTION -- BOARD MEMBERS AND EMPLOYEES............................................5360
LIBRARY INTERLOAN ADVISORY COMMITTEE ...........................................................................1571
LIMITED ENGLISH PROFICIENCY -- INSTRUCTION FOR STUDENTS........................................7150
LOSS OR DESTRUCTION OF BOCES PROPERTY OR RESOURCES..............................................6213
MAINTENANCE OF PUBLIC ORDER ON SCHOOL PROPERTY.....................................................2410
MARRIED/PREGNANT STUDENTS ....................................................................................................6140
MEDIA AND MATERIALS: SELECTION OF .....................................................................................7210
MEDICATION -- ADMINISTERING .....................................................................................................6452
MEETINGS ..............................................................................................................................................1431-38
ONEIDA BOCES POLICY INDEX (Cont'd.)
MILITARY RECRUITERS......................................................................................................................6481
MINUTES OF BOARD MEETINGS.......................................................................................................1435
NEGLECT/CHILD ABUSE .....................................................................................................................6430
NEGOTIATIONS .....................................................................................................................................5230
NON-DISCRIMINATION .......................................................................................................................1440, 5120-21,
5170, 6440,
6460-61, 7120,
7140
NON-RESIDENT STUDENTS ................................................................................................................6130
ORDER OF BUSINESS (MEETINGS) ...................................................................................................1432
ORGANIZATIONAL CHART ................................................................................................................3211
OWNED OR LEASED VEHICLES.........................................................................................................4520
PARENT-TEACHER CONFERENCES ..................................................................................................6311
PARLIAMENTARY PROCEDURE: USE OF .......................................................................................1510
PART-TIME AND TEMPORARY EMPLOYEES..................................................................................5151
PERFORMANCE REVIEW.....................................................................................................................3120, 5130
PERSONAL PROPERTY ACCOUNTABILITY: BOCES ....................................................................4320
PERSONNEL INFORMATION -- RELEASE OF/EMPLOYEE PERSONNEL RECORDS.................5220
PERSONNEL RECRUITMENT, SELECTION AND APPOINTMENT/ASSIGNMENTS
AND TRANSFERS.........................................................................................................................5150
PETTY CASH FUNDS ............................................................................................................................4440
PHYSICAL RESTRAINT/CORPORAL PUNISHMENT .......................................................................6211
PHYSICALS/HEALTH SCREENING ....................................................................................................5140
PLACEMENT/REFERRAL -- STUDENT ..............................................................................................6120
POLICIES
Effect of Policies .............................................................................................................................1410
Execution of Policy: Administrative Regulations ..........................................................................1420
Formulation and Adoption of Policy...............................................................................................1410
PRACTICAL EXPERIENCE ...................................................................................................................7340
PREGNANT/MARRIED STUDENTS ....................................................................................................6140
ONEIDA BOCES POLICY INDEX (Cont'd.)
PRESCRIPTIVE MEDICATION.............................................................................................................6452
PREVENTION INSTRUCTION ..............................................................................................................5160, 6220
7113
PROFESSIONAL GROWTH/STAFF DEVELOPMENT .......................................................................5210
PROFESSIONAL STAFF CONSULTING ACTIVITIES .......................................................................5240
PROGRAM ACCESSIBILITY -- SECTION 504 OF THE REHABILITATION ACT OF 1973...........7120
PROGRAM REVIEW ..............................................................................................................................7140
PROMOTIONS – STUDENT...................................................................................................................6310
PROPERTY -- LOSS OR DESTRUCTION.............................................................................................6213
PUBLIC ACCESS TO RECORDS...........................................................................................................2310
PUBLIC RELATIONS .............................................................................................................................2110
PURCHASING
Principles.........................................................................................................................................4310
Procurement of Goods and Services ...............................................................................................4310
PURCHASING AGENT -- DUTIES OF..................................................................................................1317
QUORUM.................................................................................................................................................1434
RECORDS
Employee Personnel Records..........................................................................................................5220
Public Access to Records ................................................................................................................2310
Records Access Officer ...................................................................................................................1318
Records Management ......................................................................................................................4560
Records Management Officer .........................................................................................................1318
Records Officers..............................................................................................................................1318
Records Retention and Disposition Officer.....................................................................................1318
Release of Personnel Information ...................................................................................................5220
Student Records: Access and Challenge .........................................................................................6320
RECORDS MANAGEMENT ..................................................................................................................4560
RECORDS OFFICERS.............................................................................................................................1318
RECRUITMENT, SELECTION AND APPOINTMENT OF STAFF/ASSIGNMENTS
AND TRANSFERS.........................................................................................................................5150
REFERRAL/PLACEMENT -- STUDENT ..............................................................................................6120
REGULAR MEETINGS OF THE BOARD.............................................................................................1431
ONEIDA BOCES POLICY INDEX (Cont'd.)
REIMBURSEMENT OF EXPENSES......................................................................................................1560
RELEASE OF PERSONNEL INFORMATION/EMPLOYEE RECORDS ............................................5220
REORGANIZATIONAL MEETING .......................................................................................................1438
REPORTING TO PARENTS OR GUARDIANS ....................................................................................6311
RESIGNATION OR RETIREMENT .......................................................................................................5180
RETENTION AND ACCELERATION -- STUDENT ............................................................................6310
SAFE PUBLIC SCHOOL CHOICE OPTION TO STUDENTS WHO ARE VICTIMS.........................6484
OF A VIOLENT CRIMINAL OFFENSE
SAFETY CONDITIONS AND PROGRAMS..........................................................................................7110
SALE OF SUPPLIES AND MATERIALS ..............................................................................................4460
SCHOOL ATTORNEY: DUTIES OF.....................................................................................................1316
SCHOOL CALENDAR/SCHOOL DAY .................................................................................................7320
SEARCHES AND INTERROGATIONS OF STUDENTS .....................................................................6230
SECTION 504 OF THE REHABILITATION ACT OF 1973/PROGRAM ACCESSIBILITY ..............7120
SECURITY ...............................................................................................................................................4530
SELECTION OF MEDIA AND MATERIALS .......................................................................................7210
SEXUAL HARASSMENT.......................................................................................................................5121, 6440
SMOKING/TOBACCO USE ...................................................................................................................4540
SOLICITATION OF CHARITABLE DONATIONS FROM STUDENTS.............................................2261
SPECIAL EDUCATION ADVISORY COMMITTEE............................................................................1571
SPECIAL MEETINGS OF THE BOARD ...............................................................................................1436
SPECIAL PROJECT CONTRACTS........................................................................................................4450
STAFF DEVELOPMENT/PROFESSIONAL GROWTH .......................................................................5210
STAFF RECRUITMENT SELECTION AND APPOINTMENT............................................................5150
STUDENT ACTIVITY FUND.................................................................................................................4431
STUDENT BEHAVIOR/DISCIPLINE ....................................................................................................6210-14, 7121
STUDENT DIRECTORY INFORMATION............................................................................................6470
STUDENT DRESS CODE .......................................................................................................................6214
ONEIDA BOCES POLICY INDEX (Cont'd.)
STUDENT EVALUATION -- PROMOTION/RETENTION AND ACCELERATION.........................6310
STUDENT INDIVIDUALIZED EDUCATION PROGRAM (IEP) ........................................................6483
STUDENT PRIVACY, PHYSICAL EXAMINATIONS OF MINORS ..................................................6482
STUDENT PUBLICATIONS (NON-SCHOOL) -- CENSORSHIP OF ..................................................6510
STUDENT RECORDS: ACCESS AND CHALLENGE ........................................................................6320
STUDENT REFERRAL AND PLACEMENT.........................................................................................6120
STUDENT SUSPENSION .......................................................................................................................6212
STUDENT TEACHERS...........................................................................................................................5151
STUDENTS WITH DISABILITIES
Discipline ........................................................................................................................................7121
Grouping by Similarity of Needs ....................................................................................................7120
Least Restrictive Environment ........................................................................................................7120
Participation in Programs ................................................................................................................7120
Program Accessibility/Section 504 of the Rehabilitation Act of 1973 ...........................................7120
Students With Disabilities ...............................................................................................................7120
SUBSTITUTE TEACHERS -- REGULAR/PER DIEM ..........................................................................5151
SUMMER EMPLOYMENT (STAFF) .....................................................................................................5154
SUSPENSION OF STUDENTS ...............................................................................................................6212, 7121
TAX SHELTERED ANNUITIES ............................................................................................................5330
TEACHERS -- SUBSTITUTE .................................................................................................................5151
TEMPORARY AND PART-TIME EMPLOYEES..................................................................................5151
TEXTBOOKS AND OTHER INSTRUCTIONAL MATERIALS ..........................................................7240
THREATS OF VIOLENCE......................................................................................................................2412
TIME DEPOSITS .....................................................................................................................................4210
TRANSFERS AND ASSIGNMENTS OF PERSONNEL .......................................................................5150
TRANSPORTATION
Field Trips .......................................................................................................................................7310
Owned or Leased Vehicles..............................................................................................................4520
TREASURER: DUTIES OF ....................................................................................................................1314
TUITION CHARGES FOR DISTRICT STUDENTS ENROLLED OUTSIDE THE BOCES ...............6130
USE OF BUILDINGS AND FACILITIES...............................................................................................2230
USE OF COPYRIGHTED MATERIALS ................................................................................................7230
ONEIDA BOCES POLICY INDEX (Cont'd.)
VACANCIES ON THE BOARD .............................................................................................................1230
VEHICLE SAFETY .................................................................................................................................6250
VEHICLES: OWNED OR LEASED........................................................................................................4520
VISITS TO BOCES FACILITIES, SCHOOLS AND PROGRAMS .......................................................2210
VOCATIONAL/TECHNICAL EDUCATION.........................................................................................7130
VOLUNTEERS ........................................................................................................................................2240
WEAPONS IN SCHOOL .........................................................................................................................2411, 6240-41
WORKERS' COMPENSATION ..............................................................................................................5320
Related docs
Get documents about "