8000 SUPPORT SERVICES GOALS...promote BOCES goals. Adoption Date: 7/2/2014 Re-adoption Date: 7/9/2015. 8110 ( ) Required (X) Local ( ) Notice BUILDING SAFETY The Rockland BOCES Board

8000

( ) Required(X) Local

( ) Notice

SUPPORT SERVICES GOALS

Support services, which include safety and maintenance programs, transportation, foodservices, insurance management, business office, human resources, and tech support, are essentialto the successful functioning of the BOCES. Education and component district services are theBOCES’ central function, and all support services shall be provided, guided, and evaluated bythese functions.

In order to provide services that are truly supportive of the BOCES’ programs, theRockland BOCES Board establishes these goals:

1. providing a physical environment for programs, teaching and learning that is safe andpleasant for students, staff, and the public;

2. providing safe transportation and nutritious meals for students who use these services;and

3. providing timely, accurate, and efficient support services that meet BOCES needs andpromote BOCES goals.

Adoption Date: 7/2/2014Re-adoption Date: 7/9/2015

8110


( ) Notice

BUILDING SAFETY

The Rockland BOCES Board recognizes that a safe, secure and healthy schoolenvironment is necessary to promote effective learning. The Board is committed to ensuring thatall BOCES buildings are properly maintained and preserved to provide a suitable educationalsetting.

Consistent with the requirements of state law and regulations, the Board will:

1. Appoint a Health and Safety Committee composed of representation from BOCESadministration, staff, bargaining units and parents that shall participate in monitoringthe condition of occupied BOCES buildings to assure that they are safe and maintained ina state of good repair.

2. Review and approve all annual building inspections and building conditionsurveys.

3. Take immediate action to remedy serious conditions in school buildings affecting healthand safety and report such conditions to the Commissioner of Education.

4. Annually review the facilities section of the school facility report card for each buildingand report in a public meeting on the status of each item contained in that section of thereport card. The report card shall provide information on a building’s age, size enrollment,useful life, safety rating, visual inspection and building condition survey results and otheritems prescribed by the Commissioner.

The District Superintendent and/or Chief Operating Officer shall be responsible for thedevelopment of procedures for investigating and resolving complaints related to the health andsafety issues in the BOCES’ buildings consistent with requirements of state law and regulations.

Cross-ref: 7100, Facilities Planning7365, Construction Safety8112, Health and Safety Committee8220, Buildings and Grounds Maintenance and Inspection

Ref: Education Law §§ 409 -d (Comprehensive Public School Building Safety Program);

8110

409-e (Uniform Code of Public School Buildings Inspection, Safety Rating andMonitoring)8 NYCRR Part 155 (Educational Facilities)9 NYCRR Parts 600-1250 (Uniform Fire Prevention and Building Code)


8112


( ) Notice

HEALTH AND SAFETY COMMITTEE

The Rockland BOCES Board recognizes the importance of the participation ofstaff and parents in promoting a safe, secure and healthy BOCES environment. In accordance withCommissioner’s regulations, the Board will appoint a Health and Safety Committee composed ofrepresentation from BOCES officials, staff, bargaining units and parents. The Health and SafetyCommittee shall be comprised of the following (include representation from appropriatebargaining units):

• One representative from the Faculty Association• One staff member from each site owned or leased by BOCES• Supervisor of Operations and Maintenance• Parent(s)• Building Administrator(s)

Committee members will serve a one-year term. A member of the committee will beselected annually to serve as a recorder. The recorder will maintain minutes of each meeting andforward a copy to each committee member, Central Administration and the BOCES Board.

The committee will participate in monitoring the condition of occupied BOCES buildingsto assure that they are safe and maintained in a state of good repair. The DistrictSuperintendent and/or Chief Operating Officer will ensure that the committee isappropriately involved in all of the activities required by the Commissioner’s regulations.Specifically, the committee will:

1. Review the annual building inspection reports and the five-year building conditionsurveys with the BOCES Board.

2. Review and recommend solutions for specific safety concerns.3. Provide that the annual fire safety inspection of each building is conducted in accordance

with Education Law.4. Be notified of any investigation and disposition of complaints related to health and safety,

and receive copies of the BOCES response to said complaints, which shall include: (1)a description of the complaint, inspections performed and test results; and (2) actionstaken to solve the problem.

5. Select one member of the committee to participate in the annual visual inspection.

8112

6. Consult with BOCES officials in completing safety ratings of all occupied BOCESbuildings.

7. Provide that all school construction and maintenance activities comply with theUniform Safety Standards for School Construction and Maintenance Projects inaccordance with Section 155.5 of the Regulations of the Commissioner of Education.

8. Monitor safety during construction projects including periodic meetings to review issues andaddress complaints related to health and safety resulting from the project.

9. Upon completion of a construction project, conduct a walk-through inspection toensure the area is ready to be reopened for use.

10. Develop and implement, with Board approval, training and other programs to addressspecific safety concerns.


8115( ) Required

( ) L o c a l(X) Notice

PESTICIDES AND PEST MANAGEMENT

It is the goal of the BOCES Board to maintain the integrity of BOCES buildings andgrounds, protect the health and safety of students and staff and maintain a productive learningenvironment.

The Board recognizes that pests can pose a significant risk to health and property and theremay be significant risks inherent in using chemical pesticides in the school environment.Generally, pesticides will not be used on BOCES playgrounds, turf, athletic or playing fields,unless there is an emergency. Emergencies will be handled in accordance with applicable lawand regulation. Provisions will be made for a least toxic approach to integrated pest management(IPM) for all BOCES buildings and grounds in accordance with the Commissioner’sregulations. Integrated pest management is a systematic approach to managing pests focusingon long term prevention or suppression with minimal impact on human health, the environment andnon-targeted organisms.

Notification of Pesticide Application

All BOCES staff and parents/guardians will be notified of pesticide applicationsperformed at any BOCES facility. A notice will be sent at the beginning of the school yearwhich will include:

1. Notification of periodic pesticide applications throughout school year.2. The availability of 48-hour prior written notification of pesticide applications to

parents and staff who request such notice.3. Instructions on how to register with the BOCES to receive this prior written

notification.4. The name and number of the BOCES representative who can provide further

information.

A separate notice will be sent to staff and parents within two days of the end of winterand spring recess and within 10 days of the end of the school year which includes the date, locationand product used for each pesticide application which required prior notification and eachemergency application.

8115

The District Superintendent and/or Chief Operating Officer shall ensure thedissemination of this policy and conduct any training necessary to ensure that all staff are fullyinformed about pesticides and pest management.

Cross-ref: 8110, School Building Safety8220, Building and Grounds Maintenance and Inspection

Ref: Environmental Conservation Law, Art.33 (Pesticides)Education Law §409-h (Requirements for Notification of Pesticide Applications)6 NYCRR Part 325 (Application of Pesticides)8 NYCRR § 155.4 (Uniform Code of Public School Building Inspections, Safety Ratingand Monitoring)

Desmond Americana v. Jorling, 153 AD2d 4 (3rd Dept. 1989)IPM Workbook for New York State Schools, Cornell Cooperative ExtensionCommunity IPM Program with support from New York State Dept. of EnvironmentalConservation, August 1998


8130

( ) Required(X) Local(X) Notice

SCHOOL SAFETY PLANS AND TEAMS

Emergencies and violent incidents in schools are critical issues that must be addressed in anexpeditious and effective manner. The BOCES Board recognizes its responsibility to adopt andkeep current a comprehensive BOCES-wide school safety plan and building-level emergencyresponse plan(s) which address violence prevention, crisis intervention, emergency response andmanagement.

Taken together, the BOCES-wide and building level plans shall provide a comprehensiveapproach to addressing school safety and violence prevention, and provide the structure where allindividuals can fully understand their roles and responsibilities for promoting the safety of theentire school community. The plans shall be designed to prevent or minimize the effects of seriousviolent incidents and emergencies and to facilitate the BOCES’ coordination with local and countyresources. The plans shall also address risk reduction/prevention, response and recovery withrespect to a variety of types of emergencies and violent incidents in BOCES’ schools.

In accordance with state law and regulation, BOCES shall have the following safety teamsand plans to deal with violence prevention, crisis intervention and emergency response andmanagement:

Comprehensive BOCES-Wide School Safety Team and Plan

The Board shall annually appoint a BOCES-wide school safety team that includes, but is notbe limited to, a representative from the following constituencies: the Board, teachers,administrators, and parent organizations, school safety personnel and other school personnel. Thisteam shall be responsible for the development and annual review of the comprehensive BOCES-wide school safety plan. The plan shall cover all BOCES school buildings and shall addressviolence prevention (taking into consideration a range of programs and approaches that aredesigned to create a positive school climate and culture), crisis intervention, emergency responseand management including communication protocols, at the BOCES level. It shall include all thoseelements required by law and regulation.

8130

The Chief Operating Officer or his/her designee shall be the BOCES chief emergencyofficer, and shall coordinate communication between school staff and law enforcement and firstresponders. The chief emergency officer shall ensure that all staff understand the BOCES-wideschool safety plan, and shall also ensure that building-level emergency response plans arecompleted, reviewed annually, and updated as needed.

To maintain security and in accordance with law, the building-level emergency responseplan(s) shall be confidential and shall not be subject to disclosure under the Freedom of InformationLaw or any other law.

Building-Level Emergency Response Plans and Teams

Each Building Principal shall be responsible for annually appointing a building-levelemergency response team that includes representation from teachers, administrators, parentorganizations, school safety personnel, other school personnel, law enforcement officials, fireofficials and other emergency response agencies. The emergency response team shall be responsiblefor the development and review of a building-level emergency response plan for each BOCESbuilding. The plan(s) shall address response to emergency situations, such as those requiringevacuation, sheltering and lock-down at the building level and shall include all componentsrequired by law and regulation. These confidential plans shall include evacuation routes, sheltersites, medical needs, transportation and emergency notification of parents and guardians.

Building-level emergency response plans shall include protocols in response to carbonmonoxide alarms or detection. Alarm or detection of carbon monoxide will result in the appropriateactions as described by the emergency response plan.

Building-level emergency response plans shall designate:

• an emergency response team for incidents that includes appropriate school personnel, lawenforcement officials, fire officials, and representatives from local, regional and/or stateemergency response agencies to assist the school community in responding to a seriousviolent incident or emergency; and

• a post-incident response team that includes appropriate school personnel, medical personnel,mental health counselors and other related personnel to assist the community in coping withthe aftermath of a serious violent incident or emergency.

8130

The Building Principal, in consultation with the Chief Operating Officer shall annuallydesignate a threat assessment team to provide ongoing support and information in order to identify,and assess individuals who may be potential threats to safety, with the intent of minimizing acts ofviolence in the school community. The threat assessment team shall be composed of, but notlimited to, the following personnel from both within the school and the larger community, asappropriate: building administrators, legal counsel, the medical director/psychiatrist and/or schoolnurse, school counselors, local mental health and social service providers, law enforcement, schoolresource officers, security personnel, and facilities and maintenance personnel. The threatassessment team will access the County Mobile Crisis Unit and/or Partnership for Safe Youth. Theteam shall meet regularly. The team shall be mindful of the need for discretion and observance ofconfidentiality requirements.

Students shall be encouraged to bring their concerns to any BOCES employee. If a BOCESemployee becomes aware of a threat to the school community, the Building Principal shall beinformed and he/she will convene the threat assessment team. The Building Principal may requestthe participation of the following additional individuals who may have specific knowledge of thepotential perpetrator: supervisors, teachers, students and parents. The Building Principal isresponsible for keeping the Chief Operating Officer informed about the activities of the threatassessment team. Threat assessment team members shall receive appropriate training.

The Building Principal shall be responsible for conducting at least one test every school yearof the emergency response procedures under this plan including procedures for sheltering and earlydismissal.

To maintain security and in accordance with law, the building-level emergency responseplan(s) shall be confidential and shall not be subject to disclosure under the Freedom of InformationLaw or any other law.

Annual Review and Report

All plans shall be annually reviewed and updated, if necessary, by the appropriate team byMay 1 each year. In conducting the review, the teams shall consider any changes in organization,local conditions and other factors including an evaluation of the results of the annual test of theemergency response procedures which may necessitate updating of plans. If the plan requires nochanges, then it shall remain in effect. If the BOCES-wide plan requires change, then the updatedplan shall be submitted to the BOCES Board in time to allow 30-days of public

8130

comment and to hold a public hearing which provides for the participation of school personnel,students and other interested parties prior to Board adoption. All plans must be adopted by theBoard by July 1.

The Chief Operating Officer shall be responsible for filing the BOCES-level school safetyplan and any amendments to the plan with the Commissioner within 30 days after their adoption.The BOCES-wide plan will be posted on the BOCES’ website. Each Building Principal shall beresponsible for filing the building-level emergency response plan for his or her building and anyamendments to the plan with the appropriate local law enforcement agency and the state policewithin 30 days after their adoption.

Cross-ref: 0115, Bullying and Harassment Prevention and Intervention5300, Code of Conduct9700, Staff Development

Ref: Education Law §2801-a (school safety plans)Executive Law §2B (state and local natural and manmade disaster preparedness)8 NYCRR Part 155 (Educational Facilities)19 NYCRR §1228.4 (carbon monoxide detection)School Safety Plans Guidance, New York State Education Department, June 2010

Adoption date: July 2, 2014Re-Adoption date: July 9, 2015Revised: July 6, 2016

8134( ) Required

(X) Local( ) Notice

EMERGENCY CLOSINGS

The Rockland BOCES Board of Education delegates to the District Superintendent and/orChief Operating Officer the responsibility to close the schools and programs, delay the openinghour, or dismiss students/staff early when hazardous weather or other emergencies threaten thehealth, safety, or welfare of students and personnel. The District Superintendent and/or ChiefOperating Officer may delegate this authority to another staff member in the event of his/herabsence. Among the factors the District Superintendent and/or Chief Operating Officer mayconsider in making his decision are advice from traffic and weather authorities and school officials.

While it may be prudent under certain circumstances to excuse all students from attendingschool, to delay the opening hour, or to dismiss students early, the District Superintendent and/orChief Operating Officer has the responsibility to ensure that administrative, supervisory, andoperational activity is continued to the fullest extent possible. School closing and delayed startingtimes will be announced over news media and the Rockland BOCES website. If no report is heard,it is to be assumed that schools are in session.

In most circumstances, Rockland BOCES takes into consideration, the majority of thedistricts and their emergency status (open or closed), to determine if BOCES will close. RocklandBOCES also takes into consideration the total number of students enrolled in BOCES programs todetermine any emergency closings.

Students, parents, and staff will be informed early in each school year of the proceduresthat will be used to notify them in cases of emergency closing. When schools are closed foremergency reasons, staff members will comply with administrative regulations in reporting forwork.


8220

( ) Required(X) Local( ) Notice

BUILDINGS AND GROUNDS MAINTENANCE AND INSPECTION

To accommodate the BOCES’ educational program, the Rockland BOCES Board iscommitted to providing suitable and adequate facilities. To this end, proper maintenance andinspection procedures are essential. The Board directs the District Superintendent and/or ChiefOperating Officer to ensure that proper maintenance and inspection procedures aredeveloped for every school building.

Consistent with federal and state law and regulations, the following items will beincluded in the BOCES’ buildings and grounds maintenance and inspection procedures:

Comprehensive Maintenance Plan

A comprehensive maintenance plan for all major building systems will be instituted to ensurethe building is maintained in a state of good repair. Such plan will include provisions for a leasttoxic approach to integrated pest management and establish maintenance procedures andguidelines which will contribute to acceptable indoor air quality. The plan shall be available forpublic inspection.

Procedures will also be established to ensure the safety of building occupants duringmaintenance activities including standards for exiting and ventilation, asbestos and leadprotocols, noise abatement and control of chemical fumes, gases and other contaminants.

Building Condition Surveys

Each occupied BOCES building will be assessed every five years by a building conditionsurvey. This survey will be conducted by a team that includes at least one licensed architect orengineer and will include a list of all program spaces and inspection of building system componentsfor evidence of movement, deterioration, structural failure, probable useful life, need forrepair and maintenance and need for replacement. Building condition survey reports will besubmitted to the Commissioner by January 15, 2001 and January 15th of every fifth yearthereafter.

Annual Visual Inspections

A visual inspection of building system components in each occupied district building

8220

will take place annually except for years in which a Building Condition Survey is performed.

The inspection will be conducted by a team including a local code enforcementofficial, the Facilities Director or his/her designee and a member of the Health and SafetyCommittee. The inspection will be completed by November 15th of each year and will be madeavailable to the public.

A corrective action plan will be developed by a licensed architect or engineer if adeficiency exists in the building.

Fire Safety Inspections

An annual inspection for fire and safety hazards will be conducted in accordance witha schedule established by the Commissioner of Education. The inspection will be conducted bya qualified fire inspector and the report will be kept in the BOCES office. Any violation of theState Uniform Fire Prevention and Building Code shall be corrected immediately or withina time frame approved by the Commissioner.

Safety Rating System

A safety rating keyed to the structural integrity and overall safety of each occupied schoolbuilding will be provided on an annual basis in consultation with the Health and SafetyCommittee. Safety ratings will be based on the safety rating system developed by theCommissioner and will comply with all statutory and regulatory requirements.

Building Principals shall, on an on-going basis, undertake their own inspections ofschool buildings and grounds, searching for any dangerous or hazardous conditions and takeimmediate steps to remedy the problem.

Cross-ref: 7100, Facilities Planning7365, Construction Safety8110, School Building Safety8112, Health and Safety Committee 8115, Pesticides and Pest Management

Ref: 29 CFR §§1910 et seq. (OSHA Hazard Communication)40 CFR Part 763 (Asbestos Hazard Emergency Response Act)Education Law §§409-d (Comprehensive Public School Safety Program); 409-e(Uniform Code of Public School Buildings Inspections, Safety Rating andMonitoring); 807-a (Fire Inspections)Labor Law §§875-883(toxic substances)Public Health Law §§4800-4808 (Right to Know, toxic substances)

8220

Environmental Conservation Law §33-0725 (Pesticides)6 NYCRR Part 325 (Pesticides)8 NYCRR §§155.1(Educational Facilities); 155.4 (Uniform Code of Public SchoolBuildings Inspection, Safety Rating and Monitoring); 155.8 (Fire and Building SafetyInspections)9 NYCRR Parts 600-1250 (Uniform Fire Prevention & Building Code) 12 NYCRR Part56 (Industrial Code Rule concerning asbestos)Appeal of Anibaldi, 33 EDR 166 (1993) (district required to monitor student’sphysical symptoms when air quality caused health problems) Guidelines for theEvaluation and Control of Lead-Based point Hazards in Housing , U.S. Department ofHousing and Urban Development, Washington D.C., June 1995)IPM Workbook for New York State Schools, Cornell Cooperative ExtensionCommunity IPM Program with support from New York State Dept. of EnvironmentalConservation, August 1998


8330


AUTHORIZED USE OF BOCES-OWNED MATERIALS ANDEQUIPMENT

The Rockland BOCES Board permits the use of BOCES-owned materials and equipment(e.g., laptop computers, cell phones, audio-visual equipment, etc.) by Board members, officers,and employees of the BOCES when such material and equipment is needed for BOCES-relatedpurposes.

The District Superintendent and/or Chief Operating Officer, in consultationwith the Assistant Superintendent for Administration, shall establish regulations governing theloan and use of such equipment. Such regulations must address:

• the individuals who may properly authorize the use of such material and/orequipment;

• the lack of authority of the borrower to use such material or equipment for private, non-business purposes;

• the responsibilities of the borrower for proper use, care and maintenance;• that, regardless of condition or other factors, all loaned equipment must be returned to the

BOCES. No item may be sold to or purchased by the borrower unless such equipmenthas been returned to the BOCES for evaluation and, if necessary, disposal in accordancewith BOCES policy and procedures.

All equipment shall be inventoried and a list shall be maintained of the date suchequipment was loaned, to whom it was loaned, and the date of expected and actual return.

Individuals borrowing BOCES-owned equipment shall be fully liable for any damage orloss occurring to the equipment during the period of its use, and shall be responsible for its safereturn. In addition, since Board members, officers and employees are issued BOCES ownedequipment in connection with their work responsibilities, the individual using the BOCES ownedequipment shall not have an expectation of privacy with respect to information contained onthe device (e.g., computer files, images, messages).

The Business Office shall maintain records of all equipment that is loaned for long-termuse (e.g., school year, term of office, etc.) and shall review such list yearly.

8330

Cross-ref: 6770, Personal Property Procurement and Accountability


8332


USE OF BOCES-OWNED TELEPHONES

The Rockland BOCES Board recognizes that certain employees may be required to carryBOCES-owned cell phones in order to meet their job responsibilities. Such phones may beprovided only when a less costly alternative (e.g., pager, radio) is not available or is notappropriate in the circumstances.

A list of job titles requiring BOCES-owned cell phones shall be maintained in theBusiness Office and reported to the Board for its approval each year at its Organizationalmeeting. All cellular telephone contracts shall be secured through the appropriate purchasingprocess (e.g., competitive bid, RFP process) and shall be subject to review and approval by theBoard.

Cell phones are to be used for BOCES business purposes only and anything other thanincidental private use is prohibited. Failure to follow these guidelines may result in revocationof the phone and discipline of the employee. In addition, since employees are issued BOCES -owned cell phones in connection with their work responsibilities, employees shall not have anexpectation of privacy with respect to information contained on the device (e.g., text messages,records of phone calls). Employees must reimburse the BOCES for any personal use of BOCES-owned cell phones.

As with any BOCES-owned equipment, employees must take proper care of cell phonesand take all reasonable precautions against damage, loss, or theft. Any damage, loss, or theftmust be reported immediately to the Business Office. Since employees are responsible for the safereturn of BOCE S-owned cell phones, employees who use such cell phones may be liable fordamages or losses which occur during the period of its use.

At least once per year, the Business Office shall evaluate and report to the Board on the costand effectiveness of the BOCES’ cellular telephone plan.


8334


USE OF CREDIT CARDS

The BOCES Board permits the use of credit cards in the BOCES’ name by certain BOCESofficials and Board members to pay for actual and necessary expenses incurred in theperformance of work-related duties for the BOCES. A list those individuals that will be issueda BOCES credit card will be maintained in the Business Office and reported to the Board eachyear at its Organizational meeting in July. All credit cards will be in the name of the BOCES.

The BOCES shall establish a credit line not to exceed $8,000 for each card issued and anaggregate credit limit of $15,800 for all cards issued to the BOCES.

The Board shall ensure that the relationship between the BOCES and the credit cardcompany is such that the BOCES preserves its right to refuse to pay any claim or portion thereofthat is not expressly authorized, does not constitute a proper BOCES charge, or supersedes anylaws, rules, regulations, or policies otherwise applicable. In addition, the Board will ensure thatno claim shall be paid unless an itemized voucher approved by the officer whose action gave riseor origin to the claim, shall have been presented to the Board and shall have been audited andallowed.

Credit cards may only be used for legitimate BOCES business expenditures. Theuse of credit cards is not intended to circumvent the BOCES’ policy on purchasing.

Users must take proper care of these credit cards and take all reasonable precautions againstdamage, loss, or theft. Any damage, loss, or theft must be reported immediately to the BusinessOffice and to the appropriate financial institution. Failure to take proper care of credit cards orfailure to report damage, loss or theft may subject the employee to financial liability.

Purchases that are unauthorized, illegal, represent a conflict of interest, are personal in natureor violate the intent of this policy may result in credit card revocation and discipline of theemployee.

Users must submit detailed documentation, including itemized receipts for commodities,services, travel and/or other actual and necessary expenses which have been incurred inconnection with BOCES-related business for which the credit card has been used.

8334

The District Superintendent and/or Chief Operating Officer, in consultation with theAssistant Superintendent for Administration and the BOCES’ Purchasing Agent, shall establishregulations governing the issuance and use of credit cards. Each cardholder shall be apprisedof the procedures governing the use of the credit card and a copy of this policy andaccompanying regulations shall be given to each cardholder.

The Assistant Superintendent for Administration shall periodically, but no less than twicea year, monitor the use of each credit card and report any serious problems and/or discrepanciesdirectly to the District Superintendent and/or Chief Operating Officer and the Board.

Cross-ref: 6770, Personal Property Procurement and Accountability6830, Expense Reimbursement

Ref: Education Law §§1724(1); 2524(1) (itemized, audited, and approved vouchersrequired)Opns. St. Compt. No. 79-202 (use of multi-purpose credit cards by municipalemployees)Opns. St. Compt. No. 79-494Opns. St. Compt. No. 78-897 (gas credit cards)


8411


USE OF CREDIT CARD

The BOCES Board permits the use of a district credit card for BOCES Board Members topay for expenses associated with travel, conferences and activities in relation to the BoardMember’s duties and responsibilities.

The district card shall be maintained by the Clerk.

The district card may also be used to cover the cost of submitting electronic fingerprints toSED for an employee/contractor/consultant whose compensation is less than $30,000.


8414.5

(X) Required(x) Local

(x) Notice

ALCOHOL AND DRUG TESTING OF BUS DRIVERS

The BOCES Board recognizes the dangers inherent in alcohol and controlledsubstance use by employees, especially those in safety-sensitive positions. To ensure thesafety of its students and to comply with federal regulations, the Board requires alcohol andcontrolled substance testing of school bus drivers and other covered employees.

The BOCES shall directly, by contract, or through a consortium, implement andconduct a program to provide alcohol and controlled substance testing of employees who operatea commercial motor vehicle, perform in a safety-sensitive position, and are required to hold acommercial driver’s license. Such employees include:

1. drivers of buses designed to transport 16 or more passengers, including the driver;2. drivers of commercial motor vehicles whose manufacturer’s rating is 26,001 lbs. or

more; or3. any other employee who may drive a listed vehicle (e.g. a mechanic who performs test

drives).

Controlled substance and alcohol tests* will be conducted at the time of employment andrandomly throughout the school year. In addition, testing will be conducted when a supervisor has areasonable suspicion that an employee has engaged in prohibited alcohol or controlled substanceuse; after certain accidents; prior to return to duty when the employee has been found to violateBOCES policy and federal regulations; and after the employee’s return to duty.

In accordance with federal and state law, a bus driver will not be permitted to drive if heor she:

1. possesses, consumes or is reasonably believed to possess or have consumedalcohol or a controlled substance, while on duty; uses or is under the influence ofalcohol or a controlled substance within six hours or less before duty;

2. has an alcohol concentration of 0.02 or higher, or tests positive for a controlledsubstance; or

3. refuses to take a required alcohol or controlled substance test.

8414.5

Also, no driver shall use alcohol after being involved in an accident in which therewas a fatality or in which the bus driver was cited for a moving violation and a vehicle wastowed from the scene or an injury was treated away from the scene until he/she has been tested or8 hours have passed, whichever occurs first.

Any employee who is tested and found to have an alcohol concentration of at least 0.02,but less than 0.04, shall be removed from the position until his or her next regularly scheduledduty period, but not less than 24 hours following administration of the test. Any employeefound to have violated this requirement may be disciplined in accordance with the provisions ofthe applicable collective bargaining agreement, BOCES policy, and/or law.

If a driver has an alcohol concentration of 0.04 or greater, or has engaged in prohibitedalcohol or controlled substance use, he or she will be removed from driving duties, and referred toa substance abuse professional. The employee may be required to complete a treatment programand/or be disciplined pursuant to BOCES policy and/or collective bargaining agreement. Nodriver who has abused controlled substances and/or alcohol may return to duty unless he/she hassuccessfully passed a required return to duty test. Thereafter, the driver will be subject to follow-up testing. Violation of this policy shall constitute just cause for discipline including discharge.

Should the BOCES receive a dilute test result in which the creatinine concentration isgreater than 5mg/dL in the case of any pre-employment, return to-duty, follow-up, reasonablesuspicion, or random test, it is the policy of the BOCES that the individual shall be re-testedand that re-test will become the test of record.

The District Superintendent and/or Chief Operating Officer shall ensure that a copy ofthis policy, the BOCES’ policy on misuse of alcohol and use of controlled substances,information on alcohol and drug abuse and treatment resources and any other informationprescribed by federal regulations is provided to all school bus drivers and other appropriatepersonnel prior to the initiation of the testing program and to each driver subsequently hired ortransferred to a position subject to testing.

The Driver Alcohol and Drug Testing Program is administered by the TransportationServices Supervisor. This person is designated by the District Superintendent and/or ChiefOperating Officer to answer questions concerning materials and other information provided todrivers about this program.

*The BOCES has the option to require pre-employment alcohol testing as part of BOCESpolicy. However, pre-employment controlled substance testing and random alcohol andcontrolled substance tests are mandatory under federal regulations.

8414.5

Cross-ref: 8414.1, Bus Driver Qualifications and Training9320, Drug-Free Workplace9610, Staff Substance Abuse

Ref: Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C.§§31136; 31306 49 U.S.C. §521(b) 49 CFR Part 391 49 CFR Part 382 49 CFR Part 4049 CFR §3 95.2Vehicle and Traffic Law §§509-1; 1192; 1193Will v. Frontier CSD Bd. of Educ., 97 N.Y.2d 690 (2002)


8414.5-E

ALCOHOL AND DRUG TESTING PROGRAMACKNOWLEDGMENT FORM

I, ___________________, have received, read and understand the Alcohol andDrug Testing Program policy and regulation. I consent to submit to the alcohol and drug testingprogram as required by law and BOCES policy and regulation.

I understand that if I am being required to submit to a pre-employment alcohol test or adilute specimen re-test, such test is required pursuant to BOCES policy for employment with theBOCES and not pursuant to federal regulations.

I understand that if I violate BOCES policy, regulation or the law, I may be subject todiscipline up to and including termination or I may be required to successfully participate in asubstance abuse evaluation and, if recommended, a substance abuse treatment program. If I amrequired to and fail to or refuse to successfully participate in a substance abuse evaluation orrecommended substance abuse treatment program, I understand I may be subject to discipline upto and including termination.

Signature of Employee Date

8421


BOCES-OWNED/LEASED VEHICLES

The Rockland BOCES Board recognizes the need for some BOCES employees to useBOCES-owned/leased vehicles for official travel. Only BOCES employees who are designated bythe District Superintendent and/or Chief Operating Officer and who possess a current, appropriatedriver’s license may operate such vehicles.

Employees must obey all applicable vehicle and traffic laws when using BOCES-owned/leased vehicles. Employees must operate such vehicles in a safe and appropriate mannerin accordance with weather, light, and road conditions. Unless otherwise permitted in writingby the Board, BOCES-owned/leased vehicles may not be used for personal purposes. TheBOCES is not responsible for traffic or parking fines incurred in connection with use ofBOCES - owned/leased vehicles.

When a BOCES-owned/leased vehicle is involved in an accident, emergency orviolation of law, the District Superintendent and/or Chief Operating Officer or his designee must benotified immediately by telephone. Afterward, incident reports must be completed andsubmitted to the BOCES in a timely manner.

The Board will be kept apprised annually of the inventory and status of BOCES owned orleased vehicles. The District Superintendent and/or Chief Operating Officer is authorized todevelop regulations for the use of District-owned vehicles.

Cross-ref. 8700, Insurance

Ref: 26C.F.R. §1.61-21N.Y. Education Law §§3023 and 3635N.Y. General Municipal Law §§50-a et seq. and 77-b N.Y. Vehicle and Traffic Law§ 142; Articles 9 and 19-ADowning v. City of New York, 245 N.Y. 597 (1927)Baguma v. Walker, 599 (1 st N.Y.S. 2d 603 Dept., 1993)Naylon v. State, 40 N.Y.S. 2d 587 (N.Y.Ct. Cl., 1943)Op. N.Y. State Comptroller 80-138 (1980)


8505

( ) Required(X) Local(x) Notice

CHARGING SCHOOL MEALS

The Rockland BOCES Board recognizes that on occasion, students may forget to bringmeal money to school. To ensure that students do not go hungry, but also to promote responsiblestudent behavior and minimize the fiscal burden to the district, the Board will allow studentswho may forget meal money to “charge” the cost of meals to be paid back at a later date subjectto the terms in this policy.

To comply with State guidelines and maintain a system for accounting for charged meals,regarding both full and reduced-price meals, the Board shall:

1. allow only regular meals, meaning what is on the menu, excluding extras and snacks, tobe charged;

2. limit the number of charges to five per student: and3. use a computer-generated point of sale system, which identifies and records all meals

as well as collects repayments.

Charged meals must be counted and claimed for reimbursement on the day that the studentcharged (received) the meal, not the day the charge is paid back. When charges are paid, thesemonies are not to be considered “a la carte” transactions, as a section on the daily cash reportor deposit summary reads “charges paid.”

A student who has abused this policy can be refused a meal. Such a refusal is not consideredto be a violation of any state or federal laws concerning school food programs. However beforedenying any student a meal, school food authorities (SFAs) shall carefully consider the negativeconsequences of such an action. Refusing very young children or students with disabilities isprohibited by the Board.

If SFAs suspect that a student may be abusing this policy, written notice will be providedto the parent that if he/she continues to abuse this policy, the privilege of charging meals will berefused.

The BOCES shall send a letter home to all parents on an annual basis prior to the openingday of school, outlining the requirements of this policy. The policy shall also be published inappropriate building and BOCES publications.

8505

Staff

Staff members are allowed to purchase food from the BOCES food services.However, all purchases must be on a cash basis. Staff members will not be allowed to chargemeals to be repaid later.

Ref: 42 USC § 1779 (Child Nutrition Act of 1966)42 USC §§1758(f)(1); 1766(a) (National School Lunch Act)


8630


COMPUTER RESOURCES AND DATA MANAGEMENT

The Rockland BOCES Board recognizes that computers are a powerful and valuableeducation and research tool and as such are an important part of the instructional program. Inaddition, the BOCES depends upon computers as an integral part of administering and managingthe BOCES’ resources, including the compilation of data and recordkeeping for personnel,students, finances, supplies and materials. This policy outlines the Board’s expectations in regardto these different aspects of the BOCES’ computer resources.

General Provisions

The District Superintendent and/or Chief Operating Officer shall be responsible fordesignating the Director of Technology who will oversee the use of BOCES computer resources.The Director of Technology will prepare in-service programs for the training and development ofBOCES staff in computer skills, appropriate use of computers and for the incorporation ofcomputer use in programs and subject areas.

The District Superintendent and/or Chief Operating Officer, working in conjunction withthe designated purchasing agent for the BOCES, and the Director of Technology, will beresponsible for the purchase and distribution of computer software and hardware throughout theBOCES. They shall prepare and submit for the Board’s approval a comprehensive multi-yeartechnology plan which shall be revised as necessary to reflect changing technology and/or BOCESneeds.

The District Superintendent and/or Chief Operating Officer, working with the Directorof Technology, shall establish regulations governing the use and security of the BOCES’computer resources. The security and integrity of the BOCES computer network and data is aserious concern to the Board and the BOCES will make every reasonable effort to maintain thesecurity of the system. All users of the BOCES’ computer resources shall comply with this policyand regulation, as well as the BOCES’ policies on acceptable use of BOCES computerresources: 4526, Acceptable Use of Computerized Information Resources Ð Students, and 8631,Acceptable Use of Computerized Information Resources Ð Employees. Failure to comply may resultin disciplinary action, as well as suspension and/or revocation of computer access privileges.

All users of the BOCES’ computer resources must understand that use is a privilege, not aright, and that use entails responsibility. Users of the BOCES’ computer network must not

8630

expect, nor does the BOCES guarantee, privacy for electronic mail (e-mail) or any use of theBOCES’ computer network. The BOCES reserves the right to access and view any materialstored on BOCES equipment or any material used in conjunction with the BOCES’ computernetwork.

Management of Computer Records

The Board recognizes that since BOCES data is managed by computer, it is critical toexercise appropriate control over computer records, including financial, personnel andstudent information. The District Superintendent and/or Chief Operating Officer, workingwith the Director of Technology and the BOCES’ Assistant Superintendent forAdministration, shall establish procedures governing management of computer records.The procedures will address:

• passwords,• system administration,• separation of duties,• remote access,• data back-up (including archiving of e-mail),• record retention, and• disaster recovery plans.

Review and Dissemination

Since computer technology is a rapidly changing area, it is important that this policy bereviewed periodically by the Board and the district’s external auditor. The regulationgoverning appropriate computer use will be distributed annually to staff and students and will beincluded in both employee and student handbooks.

Cross-ref: 1120, School District Records4526, Technology Acceptable Use4526.1, Internet Safety6600, Fiscal Accounting and Reporting6700, Purchasing8635, Information Security Breach and Notification


8635

(X) Required(x) Local

(x) Notice

INFORMATION SECURITY BREACH AND NOTIFICATION

The Rockland BOCES Board acknowledges the State’s concern regarding the rise inidentity theft and the need for prompt notification when security breaches occur. To this end,the Board directs the District Superintendent and/or Chief Operating Officer, in accordance withappropriate business and technology personnel, to establish regulations which:

• Identify and/or define the types of private information that is to be kept secure. Forpurposes of this policy, “private information” does not include information that can lawfullybe made available to the general public pursuant to federal or state law or regulation;

• Include procedures to identify any breaches of security that result in the release ofprivate information; and

• Include procedures to notify persons affected by the security breach as required by law.

Any breach of the BOCES’ computerized data which compromises the security,confidentiality, or integrity of personal information maintained by the BOCES shall be promptlyreported to the District Superintendent and/or Chief Operating Officer and the Board.

Ref: State Technology Law §208


8700


INSURANCE

The Board shall purchase with BOCES funds the type and amount of insuranceappropriate to protect itself as a corporate body, its individual members, its appointed officers,and its employees from financial loss arising out of any claim, demand, suit or judgment byreason of alleged negligence or other act resulting in accidental bodily injury to any person oraccidental damage to the property of any person within or without the school buildings while theabove- named insured are acting in the discharge of their duties within the scope of their employmentand/or under the direction of the Board. Such purchase will take into account the price of insurance,appropriate deductibles, and other relevant factors.

The District Superintendent and/or Chief Operating Officer shall annually review theinsurance program for the purpose of recommending to the Board adjustments in coverageresulting from, but not limited to, expansion of the BOCES’ risks, relevant new laws, andsuperseding conditions which make changes in coverage appropriate.

Ref: Education Law §§1709(8)(8-a)(8-b); 3023; 3028; 3811General Municipal Law §§6-n; 50-c and 50 -eLyndv. Heffernan, 286 AD 597 (3d Dept. 1955)Surdell v. City of Oswego, 91 Misc.2d 1041 (1977)


8800


ENERGY MANAGEMENT

The Rockland BOCES Board directs the District Superintendent and/or ChiefOperating Officer to develop and implement both immediate and long-range plans designedto conserve district energy resources. Such plans will include the designation of an energy managerto oversee energy consumption levels of all facilities, including transportation.

The energy manager also will make recommendations for operations and maintenanceprocedures, as well as any capital expenditures necessary to achieve maximum cost-efficiency of alldistrict energy use. He/She will work with the District Superintendent and/or Chief OperatingOfficer to develop contingency plans in the event of an energy shortage.

The Board directs that the annual building condition survey and the five- year facilitiesplan will include a review of energy consumption and potential conservation. When the BOCESplans building renovations or construction, energy management will be an important elementin design. The Board is committed to exploring and implementing energy conservation andefficiency measures in all capital projects.

The Board shall consider whether to apply for any applicable grants to initiate and/orsustain its energy conservation program. Progress reports on the implementation of energyconservation measures will be made to the Board on a periodic basis.

Cross-ref: 8220, Buildings and Grounds Maintenance and Inspection

Ref: National Energy Conservation Act of 1978 (P.L. 95-619)Federal Institutional Conservation Program (10 CFR Part 455) State Energy Law,Articles 3; 5; 8; 11; 169 NYCRR Parts 7810-7816 (State Energy Conservation Construction Code)


Documents

8000 SUPPORT SERVICES GOALS...promote BOCES goals. Adoption Date: 7/2/2014 Re-adoption Date: 7/9/2015. 8110 ( ) Required (X) Local ( ) Notice BUILDING SAFETY The Rockland BOCES Board