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STUDENTS
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TABLE OF CONTENTS
(SECTION 6000)

SUBJECT                                                                               NUMBER
Comprehensive Attendance Policy                                           6000
Student Referral and Placement                                               6020
Corporal Punishment                                                               6030
Loss or Destruction of BOCES Property                                 6040
Student Dress Code                                                                6050
Interrogation and Searches                                                      6060
Possession or Use of Firearm on School Property                    6070
Student Transportation                                                            6080
Vehicle Safety                                                                         6090
Student Funds                                                                         6100
Student Records:  Access and Challenge                                  6110
Medical Treatment of Students                                                 6120
Immunization of Students                                                          6130
Human Immunodeficiency Virus (H.I.V.) Related Illnesses        6140
Accidents/Incidents (Students)                                                 6150
Child Abuse and Neglect-Maltreatment                                    6160
Sexual Harassment (Students)                                                  6170
Student Health Services                                                           6180
Complaints and Grievances by Students                                   6190
Do Not Resuscitate Orders (DNR)                                         6200
Education of Homeless Children & Youth                               
6210
Notification of Sex Offenders                                                   6220
Use of Surveillance Cameras                                                    6230

Adopted:     June 12, 2002
Revised:       June 8, 2005
Revised:       May 9, 2007

                                                                                                                                                 6000

SUBJECT:             COMPREHENSIVE ATTENDANCE POLICY

The WSWHE BOCES recognizes that student attendance in school is an important component of student success. Student interaction with teachers and other students in class helps to enhance the academic learning experience and provides a basis by which students can demonstrate competence and beyond to mastery.

Pursuant to Section 104.1 of the Regulations of the Commissioner of Education, this comprehensive attendance policy contains the following sections:

Rationale (statement of objectives of the policy);

Reporting System (strategies to meet objectives; excused and unexcused absence, tardy and early departure);

Coding System for Absences

Attendance and Course Credit

Interventions (incentives and/or sanctions);

Analysis of Attendance Data; and

Communication

Rationale

Every student has a right to educational opportunities that will enable the student to develop to his or her fullest potential. Daily attendance in school and class is an expectation and responsibility of both the student and parent/guardian.

However, each year some students accumulate an excessive number of absences from school. In some cases, verified illness is the cause, and in other cases, the absences are a direct result of disinterest or lack of concern for school. High rates of absenteeism have an impact on the entire school population.

Numerous studies link attendance with student achievement. Therefore, increased student attendance will result in improved student achievement. Given this research, we believe that by improving student attendance the following will occur:

Improved student attitude

Improved student achievement

Improved classroom productivity, which enhances

An environment conducive to teaching and learning.

An effective attendance policy is crucial to a good education. Attendance policies are based on the principle that regular school attendance maximizes the student’s interaction with his or her teachers and peers, and is a major component of academic success. Improved school attendance procedures that provide for the early identification of attendance problems and effective methods to address them are most likely to succeed.

Successful implementation of any attendance procedure requires cooperation among all members of the education community, including parents/guardians, students, teachers, administrators, and support staff from BOCES and home schools. Differences exist in attendance policies between home schools and BOCES. This BOCES attendance policy applies to students who take courses at BOCES; the home school policy applies to students in their home school courses.

Reporting System

A.    Strategies to meet objectives

A system of student attendance recordkeeping in each school or program shall provide an accurate record of each student’s presence, absence, tardy, and early departure. The register of attendance shall set forth the following for each student:

Name

Date of birth;

Full name(s) of parent(s)/guardian(s);

Address where the student resides;

Phone number(s) to contact the parent(s)/guardian(s);

Date of the student’s enrollment;

Record of student’s attendance on each day of scheduled instruction;

Date the student withdraws or is dropped from enrollment, where applicable; and

Record of when the school was closed for all or part of the day because of extraordinary weather conditions or school building emergencies.  

Each BOCES teacher is responsible to record and report attendance daily. The teacher to whom the student is assigned (for each period, as appropriate) shall make all entries.The entries in the register of attendance shall be verified by the oath or affirmation of the individual(s) making the entries in the register of attendance and any electronic system.

The administrator of each program or school shall have the responsibility of supervising the keeping of attendance. The program administrator shall also be charged with reviewing student attendance records periodically for the purpose of initiating appropriate action to address unexcused student absence, tardy and early departure.

Process

Beginning in the 2003-2004 school year:

Attendance shall include a student’s presence/absence, tardy and early departure.

Attendance is to be taken daily at the elementary level and for non-departmentalized (self-contained) secondary classes (including classes in component schools). Mainstreaming experiences are considered self-contained (non-departmentalized) program activities.

Presence/Absence: Attendance is to be taken when the instructional session begins and reported no later than 10 minutes after the start of the session, including period by period at departmentalized middle and high school levels. Students who are not present at those times will be marked absent.

For career and technical education (CTE) where a student does not attend a “pullout” class: attendance is taken at the beginning of each session. For students who leave CTE to attend a “pullout” class, attendance is taken by the pullout teacher on a period-by-period basis.

Tardy and early departure: A student shall be regarded for credit purposes as being absent from class under this section of the policy if he or she misses more than 50% of class time.

Late passes: It is the responsibility of teachers to issue late passes for students who have been detained by a teacher and who will be late to another class.

Early departure: 

A student must report to the office and sign out.

B.    Excused vs. unexcused absence, tardy and early departure

Any absence for a school day or portion thereof shall be recorded as excused or unexcused. In the event that a student at any instructional level arrives late to class and without a pass, or departs early from scheduled instruction, such tardy or early departure shall be recorded as excused or unexcused.

The following reasons for student absence, tardy and early departure shall be considered by the BOCES to be excused:

Personal illness, including doctor and/or hospital appointments

Extended illness (three consecutive days or more) or chronic health condition (as documented by a physician’s note). All excuses for extended illness or health issues shall be submitted within three days of the student’s return to school in order to be considered as an excused absence.

Immediate family illness*

In-school disciplinary actions or suspension (unless the student fails to attend alternate instruction)

Other (including religious observance, death in immediate family*, required court appearance, military obligations, etc.)

Home school-excused absence

BOCES-excused absence (including related services, field trips, etc.)

No school transportation

Responsibilities of parents/guardians to notify the BOCES to excuse an absence, tardy or early departure are contained in Section VIIA.

* Immediate family = brother, sister, parents/guardians, grandparents, spouse or child. The definition may be expanded at the District Superintendent’s discretion.

Coding System Identifying Reasons for Absence, Tardy, or Early Departure

On the initial day of any Absence, Tardy, or Early Departure, the teacher shall note it. A determination will be made subsequently of whether the absence, tardy or early departure is excused or unexcused and the reason.  For any absence, tardy or early departure that is excused, the coding system shall identify the reason for such.  An absence, tardy or early departure shall be assumed to be unexcused until the BOCES teacher receives either oral or written confirmation that such absence, tardy or early departure is in fact excused with appropriate reason. (See Section VIIA.)

System Absence Codes

A           Excused - Individual/family illness

B           Excused – BOCES (e.g. related services, field trip, Alternative Learning Environment)

C           Excused – Home school suspension

D           Excused – BOCES suspension

E           Excused – Bus suspension

F           Excused – other home school activities/court/bereavement/religious observance/military obligations

G           Excused – school transportation

H           Unexcused

  I          Tardy – (excused) - as indicated above

 J           Tardy – (unexcused)

 K        Early departure (excused) – use note field to indicate time      

Student Attendance and Course Credit

The BOCES recognizes that regular attendance in class is essential to the total learning process. Although some class absence may be unavoidable, each student is expected to make every effort to attend each assigned class. The underlying rationale for an attendance policy that denies course credit for non-attendance is based on a recognition of the vital role classroom attendance and participation plays in academic achievement.

For BOCES to recommend to a home school that a student receive credit for a course, the student must attend regular class meetings. For a full-credit course, 18 days of unexcused absence (or, on a prorated basis, 10% of the possible days of attendance) shall result in BOCES not recommending credit to the home school (or not recommending a student for promotion towards an IEP certificate or GED testing).  For a half-credit course, 9 days of unexcused absence (or 10% of the possible days of attendance) shall result in BOCES not recommending credit to the home school (or not recommending a student for promotion towards an IEP certificate or GED testing).

Any student absence that is properly excused shall not be counted as an absence for the purpose of determining the student’s eligibility for course credit under this policy. 

It shall be the student’s responsibility to obtain all make-up work from his or her BOCES teacher(s) immediately upon return to the BOCES course or to school. Make-up work shall be submitted to the teacher(s) within two days after the excused absence to be reviewed and graded by the teacher. (Note: Even with excused absences, a student must still pass the course). Every program and/or teacher will have a grading policy that will have a percentage of the class grade allocated for daily class participation. The percentage is determined by each program or teacher for each class. However, students with either excused or unexcused absences cannot make-up the “class participation” part of their grade.

A tardy or early departure may be excused or unexcused. If excused, the student shall perform the necessary make-up work within the allotted time, in order for the tardy or early departure not to be counted as an unexcused absence for the purpose of determining the student’s eligibility for course credit under this policy.

Responsibilities of parents/guardians to notify the BOCES to excuse an absence, tardy or early departure are contained in Section VIIA.

APPEAL PROCESS

When a student reaches 18 days (or 10% of the possible days of attendance)* of unexcused absence, his/her record will be reviewed and verified by a BOCES administrator.  Following verification, written notification to parents/guardians and home school staff (e.g. CSE, home school principal) will be made of the denial of course credit recommendation. A meeting to review the student’s attendance record may be held at the request of parents/guardians or home school staff.

The only basis for an appeal is whether attendance was taken or recorded correctly. The process to be used by parents/guardians would be:

1.      To request a meeting with the teacher to review the student’s attendance record;

2.      To request a follow-up review meeting, if necessary, with the principal or program administrator; and

To request a review of the attendance record with the District Superintendent.

If the home school does not follow the recommendation of the BOCES, the appeal should be made to the home school administration.        

*  No more than 18 days absent in a 180-day school year, or prorated accordingly.

Interventions

Student attendance may be positively affected by the use of incentives to encourage student attendance and disciplinary sanctions to discourage unexcused student absence, tardy and early departure from school.

Incentives

Positive primary intervention helps improve student attendance by providing an atmosphere that responds to meeting the personal needs of the students by building

self-confidence and self-management skills.  Behavioral rewards specific to each program should focus on improving self-esteem and attendance. Examples of this can be:

School assemblies recognizing students;

Parent/guardian calls of a positive nature;

Perfect attendance (by attendance period): certificate of recognition, SABEA or other agency monetary award;

Perfect attendance (quarterly): certificate of recognition, SABEA or other agency monetary award;

Perfect attendance (yearly): SABEA monetary award/certificate;

Attendance improvement award: earning of school activity privileges;

Recognize perfect attendance and attendance improvements made by students.

Incentives to be used to improve student attendance will continue to be developed by groups such as student government and site-based committees.

Sanctions

Disciplinary sanctions shall be available for use by the BOCES program according to the Code of Conduct and Behavior Management System in order to discourage a student absence, tardy or early departure or a pattern of such by a student.

The District Superintendent or designee is charged with the task of monitoring the effectiveness of the use of incentives and disciplinary sanctions in each of the programs and schools. The annual report to the BOCES on the analysis of attendance patterns may also include the use of incentives and sanctions in each school.

Analysis of Attendance Data

In order to increase student attendance in each school building and across all BOCES programs, it is important to identify patterns of student absence, tardy or early departure. Then, specific intervention strategies can be employed in an attempt to change such patterns.

The principal of each school and administrator of each program is charged by the BOCES to be the person responsible for reviewing student attendance records and initiating appropriate actions at the building and program level to analyze, review, and address unexcused student absence, tardy or early departure.

Each BOCES division director also shall be charged with monitoring overall student attendance and determining and addressing specific patterns of student absence, tardy or early departure. Committees at the divisional level shall be comprised of the director, at least one instructional administrator, a school nurse, and teachers and other support staff, as determined by the director.

The committee shall meet quarterly, and shall identify patterns of unexcused absence, tardy or early departure and the divisional intervention strategies to be employed by teachers and other school staff to address these patterns. Minutes of each meeting of this committee shall be kept and shall be sent to the District Superintendent and designee for information and review. 

Communication

Notice to parents/guardians

Any student absence, tardy or early departure other than those specified is considered by the BOCES to be unexcused. It is the responsibility of the parents/guardians to obtain the appropriate excuse and notify the program office by telephone. As a follow-up to any oral notification, parents/guardians may be required to provide a written excuse, including the reason(s). If proper written excuse for the absence or tardy is not received by the school from the parent/guardian after three school days, a telephone call may be made to the parent/guardian to notify him/her of the need for proper excuse of the child’s absence or tardy.

A parental note must accompany any early departure request. Without said note, the student shall not be released.

NOTIFICATION

Notice to the student’s parents/guardians, and to home schools regarding absences, and the strategies that shall be employed, including prior to recommending denial of course credit to the student for insufficient attendance, shall be as follows:

When a student is absent, tardy or departs early from a BOCES course or from school, a call will be made home and a fax sent to the home school that day. 

After five days of unexcused absence from a BOCES course, the teacher will meet with the student upon his/her return and determine an intervention plan (with the student, where appropriate).

After 10 days of unexcused absence from a BOCES course, an Intervention Process meeting will be scheduled within 48 hours (using the school calendar) to recommend intervention strategies and to develop an attendance contract. The contract, agreed to by the school and the family, may include the requirement that all future absences shall be considered to be unexcused unless official documentation (e.g., doctor’s note, court notice, home school letter, etc.) is provided. The meeting will be convened by the BOCES teacher and coordinated by a counselor or case manager, as appropriate. It may involve but will inform:

BOCES program administrator

Parent/guardian

Home school representative

Student, where appropriate

If there are more than 15 days unexcused absences from a BOCES course, an Intervention Process meeting will be arranged within 48 hours (using the school calendar) in order to develop additional strategies to improve attendance. The BOCES program administrator will coordinate this meeting and inform and involve:

BOCES classroom teacher

Home school representative

BOCES counseling staff

Parent/guardian

Student, where appropriate

Notice to Home School

A fax will be sent daily notifying each home school of student absences from a BOCES program or course.

When a student reaches 18 days (or 10% of the possible days of attendance)* of unexcused absence, his/her record will be reviewed and verified by a BOCES administrator.  Following verification, notification to parents/guardians and home school staff (e.g. CSE, home school principal) will be made of the denial of course credit recommendation.

If at any time a pattern of excused or unexcused absences is recognized, an intervention meeting may be convened at BOCES discretion to investigate the reason(s) for the pattern, to recommend intervention strategies, and to develop an attendance contract. The contract, agreed to by the school and the family, may include the requirement that all future absences shall be considered to be unexcused unless official documentation (e.g., doctor’s note, court notice, home school letter, etc.) is provided. 

*  No more than 18 days absent in a 180-day school year, or prorated accordingly.

Dissemination

All staff will be provided with a copy of the comprehensive attendance policy and any amendment to such policy following the initial adoption or amendment of the policy. New staff members shall receive a copy of the comprehensive attendance policy upon commencement of employment with the BOCES. The policy will also be available in the Instructional Employee Handbook.

All students will be provided with a plain language summary at the beginning of the school year or upon their entry into a program. Copies of the complete policy will be available at each program office.

The BOCES shall provide a plain language summary of the policy to the parents/guardians at the beginning of each school year and take other steps to promote the understanding of such policy by students and their parents/guardians. Copies of the comprehensive attendance policy shall be available in the office of the District Superintendent and in each school and BOCES program building, and will be provided to any member of the community upon request.

Annual review by the BOCES

The BOCES shall annually review overall student attendance and the student attendance records for each division and BOCES program or school. Should such records demonstrate a decline in student attendance, the BOCES shall have an opportunity to amend the comprehensive attendance policy and make any revisions to the policy deemed necessary to improve student attendance. Any such amendment to the comprehensive attendance policy shall be provided in writing to each staff member after adoption of the amendment by the BOCES.

Adopted:            June 12, 2002
Revised:            June 11, 2003
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                                                                                                                                                6020

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.

Student Physical and Health Screening

            Health records, physicals, etc. may be required of any student to insure their safe and appropriate participation in any BOCES program.

Adopted:         March 13, 2002
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                                                                                                                                                6030

SUBJECT:            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 the BOCES.

However, if alternative procedures and methods eliminating the use of physical force and any of the following conditions occur, then the use of reasonable physical force is not prohibited.

            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 make an immediate written report to his/her supervisor describing in detail the circumstances and the nature of the action taken.

Adopted:       March 13, 2002
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                                                                                                                                                  6040

SUBJECT:            LOSS OR DESTRUCTION OF BOCES PROPERTY

BOCES maintains several buildings and much valuable equipment. Every effort is made to keep buildings and equipment in excellent condition. Damage to buildings or loss of equipment results in added costs to the taxpayers of the BOCES area.

The District Superintendent is authorized and directed to take all appropriate steps to recover damages caused to the buildings or grounds.

                                                                                    Education Law Section 1709(36)
                                                                                    General Municipal Law 78-a
                                                                                    General Obligation Law 3112

Adopted:            March 13, 2002
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                                                                                                                                                6050

SUBJECT:            STUDENT DRESS CODE

All students are expected to give proper attention to personal cleanliness and to dress appropriately for school and school functions. Students and their parents/guardians have the primary responsibility for acceptable student dress and appearance. Teachers and all other district personnel should exemplify and reinforce acceptable student dress and help students develop an understanding of appropriate appearance in the school setting.

A student's dress, grooming and appearance, including hair style/color, jewelry, make-up and nails, should:

1.         Be safe, appropriate and not disrupt or interfere with the educational process.  

Recognize that extremely revealing garments such as tube or tank tops, net tops, halter-tops, spaghetti straps, plunging necklines (front and/or back) and see-through garments are not appropriate.

Ensure that outer clothing completely covers underwear.

Wear appropriate footwear at all times. Footwear that is a safety hazard will not be allowed.

Not include items that are vulgar, obscene, and libelous or denigrate others on account of race, color, religion, creed, national origin, gender, sexual orientation or disability.

Not promote and/or endorse the use of alcohol, tobacco or illegal drugs and/or encourage other illegal or violent activities.

Be appropriate: accessories such as large chains or spiked items are not allowed.

Not depict gang affiliations in anyway such as colors, insignia, or other distinguishing symbols.

Each building principal or his or her designee shall be responsible for informing all students and their parents/guardians of the student dress code at the beginning of the school year and any revisions to the dress code made during the school year.

Students who violate the student dress code shall be required to modify their appearance by covering or removing the offending item and, if necessary or practical, replacing it with an acceptable item. Any student who refuses to do so shall be subject to discipline, up to and including in-school suspension for the day. Any student who repeatedly fails to comply with the dress code shall be subject to further discipline, up to and including out of school suspension.

Adopted:            March 13, 2002
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                                                                                                                                                6060

SUBJECT:            INTERROGATION AND SEARCHES

School authorities will provide discipline and security as agents of the state. School authorities will conduct a search of a student's person where sufficient cause for such a search exists. School authorities will search a student's locker when it is suspected that contraband has been secreted into a student's locker. The student has no reasonable expectation of privacy in a locker over which the school authorities retain extensive control. School authorities shall provide students with notice that the student has no reasonable expectation of privacy in school lockers. Police authorities may be summoned to the school grounds to prevent personal injury and serious property damage. If it is determined that a locker search is necessary, the student to which the locker is assigned and two school officials must be present during the search whenever possible. However, school officials have the authority and responsibility to inspect student lockers without the student and/or parents/legal guardians present, including days on which school is not in session.

If police are involved in the questioning of students on school premises, whether or not at the request of school authorities, it 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.

In the event the police have a warrant for the arrest of a student, administrators should cooperate fully but make every effort to notify parents/legal guardians and the home school districts.

Students have all their entitled rights inside or outside of the school building. Parents or guardians of minors, and others where appropriate, shall be notified.

Adopted:       November 13, 2002
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                                                                                                                                                6070

SUBJECT:            POSSESSION OR USE OF A FIREARM ON SCHOOL PROPERTY

No student may bring onto school premises or shall have in his or her possession on school premises any firearms, as defined in federal law. For purposes of this policy the term "firearm" shall mean: 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 (18 USC §921).

In accordance with the Gun Free Schools Act of 1994, any student found guilty of bringing a firearm onto school premises, or of having such firearm in his or her possession on school premises, after a hearing has been provided under Education Law §3214, will be subject to at least a one-year suspension from school, unless the component school superintendent imposes a lesser penalty on a case-by-case basis. The superintendent shall review the penalty and may modify the penalty based on factors set forth in Part 100.2 of the Regulations of the Commissioner of Education and in Commissioner's decisional law. Those factors may include:

The age of the student;

The student's grade in school;

The student's prior disciplinary record;

Input from parents/guardians, teachers and/or others;

Other extenuating circumstances; and

The superintendent's belief that other forms of discipline in place of or in conjunction with suspension will be more appropriate for the particular student.

Authorized law enforcement officers are the only people permitted on school property to have a weapon in their possession.

In the case of the student who is classified as disabled under the Individuals with Disabilities Education Act (IDEA) and Part 200 of the Regulations of the