Board+Policy


 * __SECTION XIV: BOARD POLICY __**


 * __LINKS TO SPECIFIC TOPICS__: **
 * **1. COMMUNITY USE OF SCHOOL FACILITIES **
 * 2. COMPREHENSIVE STUDENT ATTENDANCE POLICY **
 * 3. DIAGNOSTIC SCREENING OF STUDENTS **
 * 4. STUDENT PRIVACY, PARENTAL ACCESS TO INFORMATION, AND ADMINISTRATION OF CERTAIN PHYSICAL EXAMINATIONS TO MINORS **
 * 5. EXTRACURRICULAR ACTIVITIES **
 * 6. IMMUNIZATION OF STUDENTS **
 * 7. STUDENT PHYSICALS **
 * 8. PREVENTION INSTRUCTION **
 * 9. ANIMALS IN THE SCHOOL **
 * 10. SELECTION OF LIBRARY AND AUDIOVISUAL MATERIALS **
 * 11. ACADEMIC FREEDOM/TEACHER SELECTION OF AND/OR TEACHER SUPPLIED INSTRUCTIONAL MATERIALS **
 * 12. TEXTBOOKS/WORKBOOKS **
 * 13. OBJECTION TO INSTRUCTIONAL MATERIALS **
 * 14. CONTRAVERSIAL ISSUES **
 * <span style="color: #0000ff; font-family: Arial,Helvetica,sans-serif; font-size: 12pt;">15. CURRICULUM AREAS IN CONFLICT WITH RELIGIOUS BELIEFS **
 * <span style="color: #0000ff; font-family: Arial,Helvetica,sans-serif; font-size: 12pt;">16. RELIGIOUS EDUCATION **
 * <span style="color: #0000ff; font-family: Arial,Helvetica,sans-serif; font-size: 12pt;">17. RELIGIOUS EXPRESSION IN THE PUBLIC SCHOOLS **
 * <span style="color: #0000ff; font-family: Arial,Helvetica,sans-serif; font-size: 12pt;">18. CONSTITUTIONALLY PROTECTED PRAYER IN THE PUBLIC SCHOOLS ** ||

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">1. Board Policy 3280: PARTICIPATION BY THE PUBLIC - COMMUNITY USE OF SCHOOL FACILITIES **

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">It shall be the policy of the Board to encourage the greatest possible use of school buildings for community-wide activities. This is meant to include use by recognized civic, social and fraternal and **religious organizations** in accordance with law. Groups wishing to use the school facilities must secure written permission from the Superintendent and abide by the rules and regulations established for such use including restrictions on alcohol, tobacco and drug use. The Superintendent, at his/her discretion, may consult with the Board of Education. Monthly reports may be made to the Board regarding community use of the school facilities. (Randolph Central School District [RCSD], 2011, Board Policy 3280)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Education Law Section 414

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">2. ** <span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> **Board Policy 7110: ATTENDANCE - COMPREHENSIVE STUDENT** **<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">ATTENDANCE POLICY **

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Overall Goal Statement: School attendance is both a right and a responsibility. The School District is an active partner with students and parents in the task of ensuring that all students meet or exceed the New York State Learning Standards. Because the School District recognizes that consistent school attendance, academic success and school completion have a positive correlation, the School District has developed, a Comprehensive Student Attendance Policy. (RCSD, 2011, Board Policy 7110)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Based upon our District's 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.

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">a) Excused: An absence, tardiness or early departure may be excused if due to personal illness, illness or death in the family, impassable roads due to inclement weather, **religious observance**, quarantine, required court appearances, road test, attendance at health clinics, approved college visits, approved cooperative work programs, take your child to work day, approved school related activities, military obligations or other such reasons as may be approved by the Board of Education. Any suspension from school will not constitute an absence from class. Suspended students will be offered alternative instruction. If the alternative instruction is refused, the suspension will then count as an absence from class.

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">b) Unexcused: An absence, tardiness or early departure is considered unexcused if the reason for the lack of attendance does not fall into the above categories (e.g., family vacation, hunting, babysitting, hair cut, obtaining learner's permit, oversleeping). (RCSD, 2011, Board Policy 7110)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Education Law Sections 3024, 3025, 3202, 3205, 3206, 3210, 3211, and 3213

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> 8 New York Code of Rules and Regulations (NYCRR) Sections 104.1, 109.2 and 175.6

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">3. Board Policy 7121: ATTENDANCE - DIAGNOSTIC SCREENING OF STUDENTS **

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The School District has developed a plan for the diagnostic screening of all new entrants and students with low test scores. A new entrant means a student entering the New York State public school system, pre-kindergarten through grade 12, for the first time, or re-entering a New York State public school with no available record of a prior screening.

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Students with low test scores are students who score below level two on either the third grade English language arts or mathematics assessment for New York State elementary schools. (RCSD, 2011, Board Policy 7121)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Such diagnostic screening will be utilized to determine which students:

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> a) Have or are suspected of having a disability; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> b) Are possibly gifted; or <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> c) Are possibly limited English proficient.

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Such diagnostic screening shall be conducted: <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> a) By persons appropriately trained or qualified; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> b) By persons appropriately trained or qualified in the student's native language if the language of the home is other than English; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> c) In the case of new entrants, prior to the school year, if possible, but no later than December 1 of the school year of entry or within fifteen (15) days of transfer of a student into a New York State public school should the entry take place after December 1 of the school year; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> d) In the case of students with low test scores, within thirty (30) days of the availability of the test scores. (RCSD, 2011, Board Policy 7121)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">No screening examination for vision, hearing or scoliosis condition is required where a student, parent, or person in parental relation objects on the grounds that such examination conflicts with their genuine and sincere religious beliefs. (RCSD, 2011, Board Policy 7121)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Results and Reports: The results of the diagnostic screening shall be reviewed and a written report of each student screened shall be prepared by appropriately qualified School District staff. The report shall include a description of diagnostic screening devices used, the student's performance on those devices and, if required, the appropriate referral. If such screening indicates a possible disability, a referral, with a report of the screening, shall be made to the Committee on Special Education (CSE) or the Committee on Preschool Special Education (CPSE) no later than fifteen (15) calendar days after completion of such diagnostic screening. (RCSD, 2011, Board Policy 7121)

<span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt; vertical-align: baseline;">Family Educational Rights and Privacy Act of 1974, 20 United States Code (USC) Section 1232(g) <span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt; vertical-align: baseline;"> Education Law Sections 901, 903, 904, 905, 914 and 3208(5) <span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt; vertical-align: baseline;"> Public Health Law Section 2164 <span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt; vertical-align: baseline;"> 8 New York Code of Rules and Regulations (NYCRR) Parts 117, 136, 142.2 and 154

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">4. Board Policy 7250: STUDENT PROGRESS - STUDENT PRIVACY, PARENTAL ACCESS TO INFORMATION, AND ADMINISTRATION OF CERTAIN PHYSICAL EXAMINATIONS TO MINORS **

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">U.S. Department of Education-Funded Surveys

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">In compliance with the Protection of Pupil Rights Amendment (PPRA), the School District 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). (RCSD, 2011, Board Policy 7250)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The District 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 School District 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:

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">a) Political affiliations or beliefs of the student or the student's parent/guardian; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> b) Mental or psychological problems of the student or the student's family; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> c) Sex behavior or attitudes; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> d) Illegal, anti-social, self-incriminating, or demeaning behavior; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> e) Critical appraisals of other individuals with whom respondents have close family relationships; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> f) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> g) Religious practices, affiliations, or beliefs of the student or student's parent/guardian; or <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> h) Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program). (RCSD, 2011, Board Policy 7250)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> Surveys Funded by Sources Other than U.S. Department of Education

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The School District has developed and adopted this Board policy, in consultation with parents/guardians, regarding the following:

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> 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 to, in writing, to the building principal at least 10 days prior to the administration or distribution of any survey. Further, the District shall grant a request by the parent/guardian for reasonable access to such survey within a reasonable period of time after the request is received by the District. <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> b) Arrangements shall be provided by the District 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): <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">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.
 * 1) <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">Political affiliations or beliefs of student toward the student's parent/guardian;
 * 2) <span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> Mental or psychological problems of the student or the student's family;
 * 3) <span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> Sex behavior or attitudes;
 * 4) <span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> Illegal, anti-social, self-incriminating or demeaning behavior;
 * 5) <span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> Critical appraisals of other individuals with whom respondents have close family relationships;
 * 6) <span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
 * 7) <span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> Religious practices, affiliations, or beliefs of the student or the student's parent/guardian;
 * 8) <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> 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 School District, for the purposes of this policy, as 30 days) after such request is received by the District. 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. <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> d) The administration of physical examinations or screenings that the School District may administer to a student. <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">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. <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> In the implementation of this provision regarding the administration of physical examinations or screenings that the school may administer to the student, the School District 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. <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> e) Unless mandated/authorized in accordance with Federal or State law and/or regulation, it is policy of the Board of Education, to not 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 Superintendent/designee. (RCSD, 2011, Board Policy 7250)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">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: <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">a) College or other postsecondary education recruitment, or *military recruitment; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> b) Book clubs, magazines, and programs providing access to low-cost literary products; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> c) Curriculum and instructional materials used by elementary schools and secondary schools; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> 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 others 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; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">e) The sale by students of products or services to raise funds for school-related or education-related activities; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">f) Student recognition programs. (RCSD, 2011, Board Policy 7250) <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> *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. <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> [Please note that our sample policy prohibits such collection, disclosure or use except to the extent permitted by law; however, Boards of Education should consult with their school attorneys to reflect District practice. Further, if the School District does permit such 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, a subsection “f” should be included indicating that parents/guardians have the right to inspect, upon request, any instrument used in the collection of personal information before the instrument is administered or distributed to student. Applicable procedures must be established for granting a request by a parent/guardian for reasonable access to such instrument within a reasonable period of time after the request is received. In the event of such collection, disclosure or use of personal information gathered from students, arrangements shall be made by the District to protect student privacy in accordance with the requirements of the Family and Educational Rights Privacy Act (FERPA).] (RCSD, 2011, Board Policy 7250)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> This law is not intended to preempt applicable provisions of State law that require parental/guardian notification.

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Notification of Policies/"Opt Out" Provisions

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The School District shall provide for reasonable notice of the adoption or continued use of this policy directly to the parents/guardians of students enrolled in the District. At a minimum, the District 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.

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> Further, in the notification, the District shall offer an opportunity for parents/guardians to opt their child out of participation in the following activities:

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> 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). <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> 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. <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> 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 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. (RCSD, 2011, Board Policy 7250)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Notification of Specific Events

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">In the notification, the School District 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. (RCSD, 2011, Board Policy 7250)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">General Provisions

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The requirements of PPPRA 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 State law. The School District 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. (RCSD, 2011, Board Policy 7250)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">20 United States Code (U.S.C.) <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> Section 1232h(b) and (c), <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">as amended by the No Child Left Behind Act of 2001 <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">34 Code of Federal Regulations (C.F.R.) Part 98

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">5. Board Policy 7410: ** <span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> **STUDENT ACTIVITIES - EXTRACURRICULAR ACTIVITIES**

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The Board of Education considers extracurricular activities to be a valuable part of the program of the school and shall support these activities within the financial means of the District.

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Limited Open Forum: The Board of Education maintains a limited open forum where secondary students may meet for voluntary student-initiated activities unrelated directly to the instructional program, **regardless of religious**, political or philosophical content.

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">To provide "a fair opportunity" to students who wish to conduct a meeting, the Board of Education, in accordance with the provisions of the Equal Access Act, shall ensure that:

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">a) The meeting is voluntary and student-initiated; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">b) There is no sponsorship of the meeting by the school, the government, or its agents or employees; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">c) **Employees or agents of the school or government are present at religious meetings only in a non-participatory capacity**; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">d) The meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">e) Nonschool persons may not direct, conduct, control, or regularly attend activities of student groups (20 U.S.C. Section 4071[c]). <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The Board prohibits student organizations whose activities may be unlawful or may cause disruption or interference with the orderly conduct of the educational process.

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Administration is responsible for establishing regulations governing the use of school facilities by student organizations.

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Eligibility for Attendance

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">a) Students who are suspended from school on a day of an athletic game or practice session, party, school dance, or other school affair scheduled after regular school hours are not eligible for participation or attendance at such events. <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">b) In order for students to attend a school-sponsored function, it is necessary that students attend classes for at least half of the school day on the day of the activity. One-half of the school day is defined as follows: from 8:30 a.m. until noon or from noon until the end of the school day.

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">8 New York Code of Rules and Regulations <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">(NYCRR) Sections 172.1 and 172.2 <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Education Law Sections 1709, 1709-a, 2503-a, and 2554-a <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Equal Access Act, 20 United States Code (U.S.C.) <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> Sections 4071-4074

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">6. Board Policy 7511: STUDENT WELFARE - IMMUNIZATION OF STUDENTS **

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The Board of Education recognizes its responsibility under the Public Health Law to insure that the children under its charge are immunized against measles, polio, diphtheria, mumps, rubella, *Haemophilus influenzae type b (Hib), and **hepatitis B. Additionally, the varicella (chicken pox) vaccine shall be required for all children born on or after January 1, 1998 who will enter grades kindergarten and above in September 2003; and for all children born on or after January 1, 2000 and enrolled in any school as defined in Public Health Law Section 2164(1). The Board, therefore, requires that a physician's certificate or some other acceptable evidence of immunization be submitted for all children entering and presently attending school. (RCSD, 2011, Board Policy 7511)**


 * <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The Board directs the administration not to permit any child lacking evidence of immunization to remain in school for more than fourteen (14) days, or thirty (30) days for an out-of-state transferee who can show an effort to obtain the necessary evidence or certification. The administration should notify the local health authority of the name and address of the child, as well as to provide the person in parental relation to the child who has been denied admission or attendance a statement of his/her duty regarding immunization and a consent form prescribed by the Commissioner of Health. The school shall cooperate with the local health authorities to provide a time and place for the immunization of children lacking same. (RCSD, 2011, Board Policy 7511) **

<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">a) If a child whose parent, parents, or guardian hold genuine and sincere religious beliefs which are contrary to the practices required, no certificate shall be required as a prerequisite to such child being admitted or received into school or attending school;
 * <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The only exceptions to this policy are as follows: **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">b) If a physician will certify that administering a vaccine to a particular child is detrimental to the child's health, the requirement may be waived by the Board. (RCSD, 2011, Board Policy 7511) **


 * <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">A student denied entrance or attendance due to failure of meeting health immunization standards may appeal to the Commissioner of Education. (RCSD, 2011, Board Policy 7511) **


 * <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">* Applicable only to Pre-K, Nursery and Day Care. **

Shall apply to children born on or after January 1, 1993, beginning with their enrollment in any public, private or parochial kindergarten, elementary, intermediate or secondary school, and to children born on or after January 1, 1995, beginning with their enrollment in any school, as defined in Public Health Law Section 2164(1)(a). Also, on or after September 1, 2000, all children are to be immunized against hepatitis B prior to enrollment in the seventh grade in any public, private or parochial intermediate or middle school.

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> Public Health Law Section 2164 <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> Education Law Section 914

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">7. Board Policy 7512: STUDENT WELFARE - STUDENT PHYSICALS **

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Health Examination: <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Each student enrolled in District schools must have a satisfactory health examination conducted by the student's physician, physician assistant or nurse practitioner within twelve (12) months prior to the commencement of the school year of:

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> a) The student's entrance in a District school at any grade level; <span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> b) Entrance to pre-kindergarten or kindergarten; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> c) Entry into the 2nd, 4th, 7th and 10th grades. (RCSD, 2011, Board Policy 7512)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The District may also require an examination and health history of a student when it is determined by the District that it would promote the educational interests of the student. (RCSD, 2011, Board Policy 7512)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">In addition, the District requires a certificate of physical fitness for: <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> a) All athletes prior to their first sport of the school year, then only those who were injured or ill during their first sport before participating in a second sport during the school year; and <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> b) All students who need work permits. (RCSD, 2011, Board Policy 7512)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Health Certificate <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Each student must submit a health certificate attesting to the health examination within thirty (30) days after his or her entrance into school and within thirty (30) days after his or her entry into the 2nd, 4th, 7th and 10th grades. The health certificate shall be filed in the student's cumulative record. The health certificate must: <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> a) Describe the condition of the student when the examination was given; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> b) State the results of any test conducted on the student for sickle cell anemia; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> c) State whether the student is in a fit condition of health to permit his/her attendance at public school and, where applicable, whether the student has defective sight or hearing, or any other physical disability which may tend to prevent the student from receiving the full benefit of school work or from receiving the best educational results, or which may require a modification of such work to prevent injury to the student; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> d) Include a calculation of the student's body mass index (BMI) and weight status category. Weight status categories for children and adolescents shall be defined by the Commissioner of Health; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> e) Be signed by a duly licensed physician, physician assistant, or nurse practitioner, who is authorized by law to practice in New York State consistent with any applicable written practice agreement; or authorized to practice in the jurisdiction in which the examination was given, provided that the Commissioner of Health has determined that such jurisdiction has standards of licensure and practice comparable to those of New York. A certificate signed by a chiropractor is not acceptable except for a scoliosis evaluation. (RCSD, 2011, Board Policy 7512)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Examination by Health Appraisal <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The Principal or the Principal's designee will send a notice to the parents of, or person in parental relationship to, any student who does not present a health certificate, that if the required health certificate is not furnished within thirty (30) days from the date of such notice, an examination by health appraisal will be made of such student by the School Physician. (RCSD, 2011, Board Policy 7512)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The School Physician shall cause such students to be separately and carefully examined and tested to ascertain whether any such student has defective sight or hearing, or any other physical disability which may tend to prevent the student from receiving the full benefit of school work or from receiving the best educational results, or which may require a modification of such work to prevent injury to the student. (RCSD, 2011, Board Policy 7512)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The physician, physician assistant or nurse practitioner administering such examination shall determine whether a one-time test for sickle cell anemia is necessary or desirable and, if so determined, shall conduct such test and include the results in the health certificate. (RCSD, 2011, Board Policy 7512)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Unless otherwise prohibited by law, if it is ascertained that any students have defective sight or hearing, or a physical disability or other condition, including sickle cell anemia which may require professional attention with regard to health, the Principal or Principal's designee shall notify, in writing, the student's parents or persons in parental relation as to the existence of such disability. If the parents or persons in parental relation are unable or unwilling to provide the necessary relief and treatment for such students, such fact shall be reported by the Principal or Principal's designee to the School Physician, who then has the duty to provide relief for such students. (RCSD, 2011, Board Policy 7512)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Health Screenings <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The District will provide: <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">a) Scoliosis screening at least once each school year for all students in grades 5 through 9. The positive results of any such screening examinations for the presence of scoliosis shall be provided in writing to the student's parent or person in parental relation within ninety (90) days after such finding; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">b) Vision screening to all students who enroll in school including at a minimum color perception, distance acuity, near vision and hyperopia within six (6) months of admission to the school. In addition, all students shall be screened for distance acuity in grades Kindergarten, 1, 2, 3, 5, 7 and 10 and at any other time deemed necessary. The results of all such vision screening examinations shall be in provided in writing to the student's parent or person in parental relation and to any teacher of the student. The vision report will be kept in a permanent file of the school for at least as long as the minimum retention period for such records; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> c) Hearing screening to all students within six months of admission to the school and in grades Kindergarten, 1, 3, 5, 7 and 10, as well as at any other time deemed necessary. Screening shall include, but not be limited to, pure tone and threshold air conduction screening. The results of any such hearing tests shall be provided in writing to the student's parent or person in parental relation and to any teacher of the student. (RCSD, 2011, Board Policy 7512)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> The results of all health screenings (dental, hearing, vision and scoliosis) shall be recorded on appropriate forms signed by the health professional making the examination, include appropriate recommendations, and be kept on file in the school. The health records of individual students will be kept confidential in accordance with the federal Family Educational Rights and Privacy Act (FERPA) and any other applicable federal and State laws. (RCSD, 2011, Board Policy 7512)

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">Accommodation for Religious Beliefs ** <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">No health examinations, health history, examinations for health appraisal, screening examinations for sickle cell anemia and/or other health screenings shall be required where a student or the parent or person in parental relation to such student objects thereto on the grounds that such examinations, health history and/or screenings **conflict with their genuine and sincere religious beliefs**. A written and signed statement from the student or the student's parent or person in parental relation that such person holds such beliefs shall be submitted to the Principal or Principal's designee, in which case the Principal or Principal's designee may require supporting documents. (RCSD, 2011, Board Policy 7512)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Family Educational Rights and Privacy Act of 1974 (FERPA) <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> 20 United States Code (USC) Section 1232(g) <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Education Law Sections 901-905, 912 and 3217 <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> 8 New York Code of Rules and Regulations (NYCRR) Part 136

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">8. Board Policy 8211: ELEMENTARY AND SECONDARY INSTRUCTION - **

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> PREVENTION INSTRUCTION ** <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">HIV Instruction in Health Education <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The Board of Education shall provide a health education program that will include appropriate instruction for all students concerning the human immunodeficiency virus (HIV). Accurate information concerning the nature of the disease, methods of transmission, and means of prevention shall be provided in an age-appropriate manner and shall be consistent with community values and will stress that abstinence is the most appropriate and effective premarital protection against HIV. (RCSD, 2011, Board Policy 8211)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">A representative community advisory group consisting of appropriate school personnel, School Board members, parents, **religious representatives**, and other community members shall be established in order to make recommendations for curriculum content, implementation, and evaluation of an HIV instructional program. Appropriate training will be provided for instructional staff. (RCSD, 2011, Board Policy 8211)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Parents/guardians shall have the right to exclude their children from those portions of a school's health education program that address HIV prevention instruction. A statement must be completed and filed with the District declaring that the parent/guardian will be responsible for seeing that the student receives prevention instruction outside of the classroom. (RCSD, 2011, Board Policy 8211)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Substance Abuse-Prevention Instruction <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The Board of Education 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: <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">a) Causes for substance abuse; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">b) Physical and psychological damage associated with substance abuse; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">c) Avoidance of alcohol, tobacco and drugs; <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">d) Dangers of driving while under the influence of alcohol or drugs. (RCSD, 2011, Board Policy 8211)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Environmental Conservation Instruction <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The Board of Education supports and encourages the development of a district-wide, articulated curriculum of environmental conservation integrated into other program disciplines. (RCSD, 2011, Board Policy 8211)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Fire and Arson Prevention Instruction <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The Board of Education directs the administration to provide instruction in fire and arson prevention for all students in each school for a period of not less than forty-five (45) minutes each month that school is in session. (RCSD, 2011, Board Policy 8211)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Student Safety <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Instruction in courses in technology education, science, home and career skills, art and physical education, health, and safety 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 in appropriate activities. (RCSD, 2011, Board Policy 8211)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Emergency Planning <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The School District shall maintain updated plans and operating procedures to be followed in the event of natural or manmade disasters or enemy attack. Students shall be provided instruction to respond effectively in emergency situations. (RCSD, 2011, Board Policy 8211)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Instruction on Prevention of Child Abduction <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">All students in grades K through 8 in District schools shall receive instruction designed to prevent the abduction of children. Such instruction shall be provided by or under the direct supervision of regular classroom teachers and the Board of Education shall provide appropriate training and curriculum materials for the regular classroom teachers who provide such instruction. However, at the Board's discretion, such instruction may be provided by any other public or private agency. (RCSD, 2011, Board Policy 8211)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The Commissioner of Education will provide technical assistance to assist in the development of curricula for such courses of study which must be age appropriate and developed according to the needs and abilities of students at successive grade levels in order to provide awareness skills, information, self-confidence, and support to aid in the prevention of child abduction. (RCSD, 2011, Board Policy 8211)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">For purposes of developing such courses of study, the Board of Education may establish local advisory councils or utilize the school-based shared decision making and planning committee established pursuant to the Regulations of the Commissioner to make recommendations concerning the content and implementation of such courses. Alternatively, the District may utilize courses of instruction developed by consortia of school districts, boards of cooperative educational services, other school districts, or any other public or private agency. Such advisory council shall consist of, but not be limited to, parents, school trustees and Board members, appropriate school personnel, business and community representatives, and law enforcement personnel having experience in the prevention of child abduction. (RCSD, 2011, Board Policy 8211)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">AIDS Instruction: 8 New York Code of Rules and <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> Regulations (NYCRR) Section 135.3(b) and (c)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Substance Abuse: Education Law Section 804 <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> 8 New York Code of Rules and Regulations <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> (NYCRR) Section 135.3(a)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Student Safety: Education Law Section 808 <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">8 New York Code of Rules and Regulations <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">(NYCRR) Sections 107 and 155

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Fire and Arson: Education Law Section 808 <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Civil Preparedness: New York State <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> Office of Disaster Preparedness <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> Prevention of Child Abduction: <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;"> Education Law Section 803-a

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">9. Board Policy 8214: ELEMENTARY AND SECONDARY INSTRUCTION - ANIMALS **

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> IN THE SCHOOL (INSTRUCTIONAL PURPOSES) ** <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Observation and experimentation with living organisms and animals gives students unique perspectives of life processes. Animals and animal materials should be used respectfully and for the purpose of meeting course objectives. (RCSD, 2011, Board Policy 8214) <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">The Board of Education, in recognizing the educational uses of animals in the classroom, requires that permission be obtained from the Building Principal before animals are brought into the school or classrooms. It is the Principal's responsibility to ensure that there is an appropriate educational purpose if any animal is housed in a classroom. Animals are not to be transported on school buses with the exception of animals certified to assist persons with disabilities. (RCSD, 2011, Board Policy 8214)

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">Study and Care of Live Animals ** <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">It shall be the responsibility of the Principal or his/her designee to develop a plan of care for those animals housed in school in the event of an emergency school closing or in the event the animals remain in the classroom on days when school is not in session. (RCSD, 2011, Board Policy 8214)

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">Dissection of Animals ** <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Any student expressing a moral or **religious objection** to the performance or witnessing of the dissection of an animal, either wholly or in part, shall be provided the opportunity to undertake and complete an alternative project approved by the student's teacher; provided, however, that such objection is substantiated in writing by the student's parent or legal guardian. An alternative activity clearly related to and of comparable rigor will be assigned in lieu of laboratory dissection. Students who perform alternative projects shall not be penalized. (RCSD, 2011, Board Policy 8214)

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Effective July 1, 2011, the District will give reasonable notice to all students enrolled in a course that includes the dissection of an animal and students’ parent(s)/legal guardian(s) about their rights to seek an alternate project to dissection. Such notice shall be made available upon request at the school and distributed to parents and students enrolled in a course that includes dissection at least once at the beginning of the school year. (RCSD, 2011, Board Policy 8214)

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">Instruction in the Humane Treatment of Animals ** <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Students in elementary school must receive instruction in the humane treatment and protection of animals and the importance of the part they play in the economy of nature as well as the necessity of controlling the proliferation of animals that are subsequently abandoned and caused to suffer extreme cruelty. Such instruction shall be for a period of time as specified by the Board of Regents and may be joined with work in literature, reading, language, nature study, or ethnology. (RCSD, 2011, Board Policy 8214)

<span style="color: #000000; font-family: 'Times New Roman',Times,serif; font-size: 12pt; text-decoration: none; vertical-align: baseline;">Americans with Disabilities Act, 42 United States Code (USC) Section 12101 et. seq. <span style="color: #000000; font-family: 'Times New Roman',Times,serif; font-size: 12pt; text-decoration: none; vertical-align: baseline;">Education Law Section 809

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">8 New York Code of Rules and Regulations (NYCRR) Section 100.2(c)(8)

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">10. Board Policy 8320: ** <span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> **INSTRUCTIONAL MATERIALS - SELECTION OF LIBRARY AND AUDIOVISUAL MATERIALS**

<span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt; vertical-align: baseline;">The Board of Education agrees that the responsibility of the school library is: <span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt; vertical-align: baseline;">a) To provide materials that will enrich and support the curriculum, taking into consideration the varied interests, abilities and maturity levels of the students served. <span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt; vertical-align: baseline;">b) To provide materials that will stimulate growth in factual knowledge, literary appreciation, aesthetic values and ethical standards. <span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt; vertical-align: baseline;">c) To provide a background of information that will enable students to make intelligent judgments in their daily lives. <span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt; vertical-align: baseline;">d) To provide materials on opposing sides of controversial issues so that young citizens may develop, under guidance, the practice of critical reading and thinking. <span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt; vertical-align: baseline;">e) To provide materials representative of the many religious, ethnic, and cultural groups and their contribution to our American heritage. <span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt; vertical-align: baseline;">f) To place principle above personal opinion and reason above prejudice in the selection of materials of the highest quality in order to assure a comprehensive collection appropriate for the users of the library.

<span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt; vertical-align: baseline;">In interpreting these principles, the following will apply: <span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt; vertical-align: baseline;">a) Broad and varied collections will be developed systematically by the librarian and the audiovisual specialist, based on recommendations of the professional staff and suggestions of students and parents. Final approval will be made by the building principal. <span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt; vertical-align: baseline;">b) Qualitative standards of selection involving factual accuracy, authoritativeness, artistic quality and appeal will be applied by librarians and audiovisual specialists before purchases are made. <span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt; vertical-align: baseline;">c) Materials will not be excluded because of the race, nationality, political opinions or **religious views of the author**. <span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt; vertical-align: baseline;">d) Materials will be continuously re-evaluated in relation to changing curriculum and instructional needs. Worn out, out-dated materials will be discarded. (RCSD, 2011, Board Policy 8320)

<span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt; vertical-align: baseline;">Rules of the Board of Regents Section 21.4

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">11. Board Policy 8321: INSTRUCTIONAL MATERIALS - ACADEMIC FREEDOM/TEACHER SELECTION OF AND/OR TEACHER SUPPLIED INSTRUCTIONAL MATERIALS **

The Board of Education recognizes the right of the teacher to provide information that will enrich and support the curriculum while, at the same time, taking into consideration the needs of the individual student, especially as it regards the diversity of learning styles, varied interests, abilities and maturity levels of students. Classroom discussion and/or selection of supplemental instructional materials by the teacher must be of educational merit, reflect the appropriate curriculum and/or course of study, and reflect the diverse needs of the students served. (RCSD, 2011, Board Policy 8321)

Further, the Board believes that such academic freedom also carries with it educational responsibility that is determined by the basic ideals, goals, and policies of the School District. While the Board is opposed to unrestricted censorship or restraint that interferes with the educational responsibility of the classroom teachers, the Board also **expects that controversial issues will be presented in a fair and unbiased manner, without undue pressure or coercion by the classroom teacher to impose his/her opinion on the students.** (RCSD, 2011, Board Policy 8321)

As a consequence of Board responsibility to guarantee academic freedom to both students and teachers, and as befits their professional status, teachers are encouraged to provide appropriate supplementary instructional materials for classroom use in addition to district provided materials in accordance with administrative regulations. (RCSD, 2011, Board Policy 8321)

**Use of Video Tapes/Films in Classroom Instruction** Teachers who wish to use video tapes and/or films in classroom instruction must follow established procedures – see Teacher Handbook. Additionally, teachers who wish to utilize such video tapes and/or films in their classroom must not use such purchased or rented visual technology resources which are marked “For Home Use Only.” Teachers are authorized to use for classroom instruction, and are responsible for securing those films, videos and other visual technology resources which are designated for public performance, or for which permission for public performance has been obtained. Prior to using, resources not selected from designated curriculum guides utilized by the school, teachers must report to their building principal or designee, their intention to use such materials in the classroom. (RCSD, 2011, Board Policy 8321)

Implementation The District shall ensure that its administrative/instructional personnel shall be aware of District policy and procedures (Teacher Handbook) pertaining to this topic. (RCSD, 2011, Board Policy 8321)

Education Law Section 1709(3)

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">12. ** <span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> **Board Policy 8322:** **INSTRUCTIONAL MATERIALS -**

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> TEXTBOOKS/WORKBOOKS ** The term "textbook" shall refer to a book supplied to a student for a fixed period of time for his/her personal use and basic to the study of a subject. The Board of Education shall make provision for funds to be budgeted for the purchase of textbooks and related instructional materials. Upon the recommendation of the Superintendent of Schools, the Board of Education shall designate the textbooks to be used. Students will be required to pay for lost books or for excessive damage to books. (RCSD, 2011, Board Policy 8322)

**Textbooks for Resident Students Attending Private Schools** Resident students attending private schools will be supplied **non-sectarian textbooks** in accordance with the requirements of Education Law. (RCSD, 2011, Board Policy 8322)

**Workbooks** The Board of Education shall approve the expenditure of funds for the purchase of workbooks and manuals. (RCSD, 2011, Board Policy 8322)

The term "workbook" shall refer to the type of book that provides spaces to write in and is consumed each year. It is usually paper-covered and designed to be used in connection with a textbook. (RCSD, 2011, Board Policy 8322)

**Educational Materials Containing Advertising** Educational materials with advertising may be accepted for use in Schools if the material has sufficient educational benefit to children of the District and is specifically related to the curriculum. Procedures for the evaluation and approval/disapproval of such materials shall be developed by the Superintendent of Schools. (RCSD, 2011, Board Policy 8322) Education Law Section 701 et seq.

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">13. Board Policy 8330: ** <span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> **INSTRUCTIONAL MATERIALS - OBJECTION TO**

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> INSTRUCTIONAL MATERIALS ** <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Any criticism of instructional materials that are in the schools should be submitted in writing to the Superintendent. The Board of Education will be informed. A committee, including the librarian and building principal, will be designated by the Superintendent to **investigate and judge the challenged material according to the principles and qualitative standards** stated in Policy #8320. (RCSD, 2011, Board Policy 8330)

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">14. ** <span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> **Board Policy 8331:** **INSTRUCTIONAL MATERIALS - 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.** (RCSD, 2011, Board Policy 8331)

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 Superintendent prior to the presentation. (RCSD, 2011, Board Policy 8331)

It is recognized that parents and citizens of the community have a right to protest to the school administration when convinced that unfair and biased presentations are being made by the teacher. In considering such protests, the Superintendent of Schools shall provide for a hearing so that both parties may fairly express their views. If requested, the Superintendent's decision may be appealed to the Board of Education. (RCSD, 2011, Board Policy 8331)

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">15. Board Policy 8332: ** <span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> **INSTRUCTIONAL MATERIALS - CURRICULUM AREAS IN**

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> CONFLICT WITH RELIGIOUS BELIEFS ** A student may be excused from the study of specific materials if these materials are in **conflict with the religion** of his/her parents or guardian. Alternatives may be provided that are of instructional value. (RCSD, 2011, Board Policy 8332)

Education Law Section 3204(5) <span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">Education Law § 3204. Instruction required <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">5. Subject to rules and regulations of the board of regents, a pupil may, consistent with the requirements of public education and public health, be excused from such study of health and hygiene as conflicts with the religion of his parents or guardian. Such conflict must be certified by a proper representative of their religion as defined by section two of the religious corporation’s law. (NYS Legislature, 2011, Education Law § 3204)

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">16. Board Policy 8333: INSTRUCTIONAL MATERIALS - RELIGIOUS EDUCATION **

<span style="font-family: 'Times New Roman','serif'; font-size: 16px; vertical-align: baseline;">As provided by the Commissioner of Education, students may be released from school **one (1) hour a week for religious instruction** upon written request of the parents or guardian. (RCSD, 2011, Board Policy 8332)

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">17. ** <span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> **Board Policy 8334: INSTRUCTIONAL MATERIALS - RELIGIOUS EXPRESSION** **<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">IN THE PUBLIC SCHOOLS **

The Board of Education acknowledges the **importance of religion to the understanding of society and the richness of the human experience**. In approaching the teaching about religion in the school, the District will be guided by three concepts when making decisions about the appropriateness of activities for inclusion in the school program: the activity should have a secular purpose; the activity should neither advance nor inhibit religion; and the activity must not foster an excessive entanglement of “government” with religion. (RCSD, 2011, Board Policy 8334)

Nurturing the development of knowledge and respect for the rights of all cultural and religious groups is a continuing goal of the School District. **Students, faculty and administration are reminded of the pluralism of religious beliefs and are urged to be conscious of and respect the sensitivity of others.** (RCSD, 2011, Board Policy 8334)

Opportunities to learn about cultural and religious traditions should be provided within the framework of the curriculum. Information about religious and cultural holidays and traditions focusing on how and when they are celebrated, their origins and histories should be part of this instruction. This educational opportunity should be handled with great care, sensitivity and respect for the feelings and beliefs of individuals. (RCSD, 2011, Board Policy 8334)

An environment should be created and encouraged where students of various ethnic backgrounds feel comfortable in sharing comments about their religious and cultural traditions. No student should be singled out to share or participate in such discussions solely on the basis of that student’s identification with the cultural/religious heritage being addressed. A student’s preference not to share or participate in such discussions should be honored and respected without penalty. (RCSD, 2011, Board Policy 8334)

**School Activities Related to Religious Holidays or Themes** a) School activities related to the teaching about **religious holidays or themes** must be consistent with, representative of, and congruent with the District’s curriculum. b) In planning school activities related to the teaching about **religious holidays or themes**, special effort must be made to ensure that the activity is not devotional and that students of all faiths can join without feeling they are betraying their own beliefs. c) In planning school activities related to the teaching about **religious holidays or themes**, age appropriate activities are encouraged within the framework of the curriculum. Teaching about **religious** and cultural holidays may include such special activities as parties and special foods, if they reinforce educational goals. (RCSD, 2011, Board Policy 8334)

**Symbols in the Schools** The purpose of using **religious symbols** should be to teach about **religious concepts** and traditions, and to convey historical or cultural content, not to promote or celebrate **religious concepts**, events or holidays. (RCSD, 2011, Board Policy 8334)

**Music in the Schools** The purpose of using religious music should be to teach musical concepts, to convey historical and cultural content, or to create aesthetic experiences in a setting which emphasizes artistic expression and educational value, not to promote or to celebrate a **religious faith**. (RCSD, 2011, Board Policy 8334)

**District Calendar** The days on which members of a **religious group** may be absent to observe a religious holiday (legal absence) will be noted on the school planning calendar and the District calendar distributed to parents/guardians. Out of respect for a student’s observance of these holidays, teachers will be sensitive to the needs of the student by allowing them to make up all class work, homework, and tests without penalty. Parents/guardians are encouraged to notify the school prior to the absence in order to assist the staff in instructional planning and in meeting the needs of the student. (RCSD, 2011, Board Policy 8334)

**Curriculum Areas In Conflict With Religious Beliefs** Students shall be given the option to be excused from participating in those parts of an activity, program, or area of instruction involving a **religious theme** which conflicts with their own religious beliefs or that of their parents/guardians in accordance with applicable law and regulations. Alternatives may be provided that are of comparable instructional value. (RCSD, 2011, Board Policy 8334)

**Implementation** Administrative regulations will be developed to implement the terms of this policy. Further, the District shall publicize and disseminate this policy and accompanying regulations in order to ensure community, faculty, student, and parental/guardian awareness. (RCSD, 2011, Board Policy 8334)

United States Constitution, First Amendment New York State Constitution, Article XI, Section 4 Equal Access Act, 20 United States Code (U.S.C.) Sections 4071- 4074 Education Law Sections 1709(1) and (3), 3204(5) and 3210 8 New York Code of Rules and Regulations (NYCRR) Adopted: 2/5/03 Sections 16.2 and 109.2

<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">§ 1709. Powers and duties of boards of education. The said board of education of every union free school district shall have power, and it shall be its duty: <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">1. To adopt such by-laws and rules for its government as shall seem proper in the discharge of the duties required under the provisions of this chapter. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">2. To establish such rules and regulations concerning the order and discipline of the schools, in the several departments thereof, as they may deem necessary to secure the best educational results. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">3. To prescribe the course of study by which the pupils of the schools shall be graded and classified, and to regulate the admission of pupils and their transfer from one class or department to another, as their scholarship shall warrant. (NYS Legislature, 2011, Education Law § 1709)
 * <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">Education Law **<span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> - <span style="color: #000000; font-family: 'Times New Roman','serif'; font-size: 16px;">Article 35 <span style="font-family: 'Times New Roman','serif'; font-size: 16px;"> - (1701 - 1726) UNION FREE SCHOOL DISTRICTS

<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">§ 3210. Amount and character of required attendance. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">1. Regularity and conduct. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">a. A minor required by the provisions of part one of this article to attend upon instruction shall attend regularly as prescribed where he resides or is employed, for the entire time the appropriate public schools or classes are in session and shall be subordinate and orderly while so attending. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">b. **Absence for religious observance and education shall be permitted under rules that the commissioner shall establish.** <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">c. In the event that a person requests the release of a minor required by the provisions of part one of this article to attend upon instruction, the identity of such person shall be verified against a list of names provided by the person or persons in parental relation to the minor, as defined in section two of this chapter, at the time of such minor's enrollment. The school district may adopt appropriate procedures for the purpose of submitting a list of names at a later date or updating the list of names provided by the person or persons in parental relation. If such person is identified as one of those persons included on such list, such minor may be released from attendance. If such person is identified as a person not included on such list, such minor may not be released except in the event of an emergency as determined in the sole discretion of the principal of the school, or his designee, provided that the person or persons in parental relation to the minor have been contacted and have agreed to such release. A school district may presume that either parent of the student has authority to obtain the release of said minor unless the school district has been provided with a certified copy of the legally binding instrument such as the court order or decree of divorce, separation or custody which provides evidence to the contrary. No situation shall be deemed an emergency until the facts of such situation have been verified by such principal or his designee. No civil or criminal liability shall arise or attach to any school district or employee thereof for any act or omission to act as a result of, or in connection with, the duties or activities authorized or directed by this paragraph. The foregoing procedure shall not apply to release of a minor pursuant to the protective custody provisions of the social services law and the family court act.

<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">2. Attendance elsewhere than at a public school. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">a. Hours of attendance. If a minor included by the provisions of part one of this article attends upon instruction elsewhere than at a public school, he shall attend for at least as many hours, and within the hours specified therefore. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">b. Absence. Absence from required attendance shall be permitted only for causes allowed by the general rules and practices of the public schools. **Absence for religious observance and education shall be permitted under rules that the commissioner shall establish.** <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">c. Holidays and vacations. Holidays and vacations shall not exceed in total amount and number those allowed by the public schools. <span style="font-family: 'Times New Roman','serif'; font-size: 16px;">d. Exception. In applying the foregoing requirements a minor required to attend upon full time day instruction by the provisions of part one of this article may be permitted to attend for a shorter school day or for a shorter school year or for both, provided, in accordance with the regulations of the state education department, the instruction he receives has been approved by the school authorities as being substantially equivalent in amount and quality to that required by the provisions of part one of this article. (NYS Legislature, 2011, Education Law § 3210)

**<span style="font-family: 'Times New Roman','serif'; font-size: 16px;">18. Board Policy 8335: INSTRUCTIONAL MATERIALS - CONSTITUTIONALLY PROTECTED PRAYER IN THE PUBLIC SCHOOLS **

In accordance with the most recent Guidance Document issued by the U.S. Department of Education implementing the requirements of the No Child Left Behind Act of 2001, the Board of Education affirms the responsibilities of the School District, consistent with applicable statutory/case law pertaining to the First Amendment of the United States Constitution, **to allow students and staff to engage in constitutionally protected prayer within the District schools.** (RCSD, 2011, Board Policy 8335)

Accordingly**, no Board of Education policy shall prevent, or otherwise deny participation in, constitutionally protected prayer in District schools**, consistent with the Guidance Document and applicable law. (RCSD, 2011, Board Policy 8335)

The Board rescinds any other policy that may be inconsistent with the mandates of this policy, which shall supersede any and all Board policies to the contrary. (RCSD, 2011, Board Policy 8335)

<span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt;">Section 9524 of the Elementary and Secondary <span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt;"> Education Act of 1965, <span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt;"> as amended by the No Child Left Behind Act of 2001 <span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt;"> United States Constitution, First Amendment <span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt;"> Equal Access Act <span style="font-family: 'Times New Roman',Times,serif; font-size: 12pt;"> 20 United States Code (U.S.C.) Section 4071-4074