eastport-south manor central school district …...dec 11, 2019 · student ambassadors megan...

12.11.19 agenda of 4

EASTPORT-SOUTH MANOR CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION

Cheryl Hack, President ● Michael Byrnes, Vice President

Marion Diener ● Francesco G. Ferraro ● Donald Fox ● Jeffrey Goldhammer ● Danielle Warsaw Sharon P. Murray, District Clerk Stuart Berman, District Treasurer

Joseph A. Steimel, Superintendent of Schools

Adam Frankel, Assistant Superintendent for Curriculum & Instruction Timothy Laube, Assistant Superintendent for Business & Operations

Linda A. Weiss, Assistant Superintendent for Personnel & Student Support Services

MEETING AGENDA December 11, 2019 Board Meeting Room 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS

A. Tri-M Honor Society

B. Student Ambassadors ACCEPTANCE OF MINUTES

A. November 13, 2019 Regular Meeting B. December 2, 2019 Special Meeting

REPORTS/ANNOUNCEMENTS – SUPERINTENDENT OF SCHOOLS PUBLIC PARTICIPATION – 1ST INVITATION Please Note: This is the opportunity for persons who wish to speak or who have written letters to the board regarding topics that are included on this agenda. Speakers are asked to keep their comments brief, and to speak for no longer than five minutes. AREAS OF OPERATION

A. Business Report 1. BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education approve the 2020-2021 Budget Calendar. B. Personnel Report 1. Resignation – 8 2. Leave of Absence – 12


3. Appointments a. Administrator – 2 b. Teacher – 4 c. Teaching Assistant – 6 d. Permanent Substitute Teachers – 5 e. Per Diem Substitutes – 7 f. Civil Service – 7 4. Extra Curricular Activities – 3 5. Interscholastic Appointment – 19 6. Supplemental Pay – 12 7. Tenure Appointment – 1 8. Event Chaperone - 6

9. BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education increase the rate of pay for substitute teachers, effective January 6, 2020 as follows:

• Permanent Substitute Teacher $150 per day • Per Diem Substitute Teacher $125 per day

OLD BUSINESS NEW BUSINESS

A. BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education approve the Memorandum of Agreement between Eastport-South Manor Central School District, Eastport-South Manor Administrators’ Association and Jeanmarie Zambelli and authorizes the Board President or designee to sign on behalf of the District. B. WHEREAS, due to the special circumstances surrounding a special needs student and his respective IEP mandates and due to the time sensitive manner in which the District has to provide said services in order to remain in compliance with the student’s IEP, the District is bypassing its RFP process in its Purchasing Policy so it can hire an educational sign language service provider that can provide specialized services to meet the student’s needs,

BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education approve the Special Education Service Agreement with Mill Neck Manor School for the Deaf, for providing educational sign language services for the 2019/2020 school year and authorizes the Board President or designee to sign on behalf of the District.

C. BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education accept the RFP for Architectural Services, RFP #19-20 033, submitted by H2M


Architects + Engineers and authorizes the Board President or designee to sign on behalf of the District. D. BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education approve the overnight field trip for the Varsity Wrestling Team to compete at Sullivan County Community College, Loch Sheldrake, NY, from January 9, 2020 to January 11, 2020, at no cost to the district. E. BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education approve the overnight field trip for the High School Wind Ensemble & Concert Choir to compete in the Spring Competition & Performance Tour in Washington, D.C., from April 23, 2020 to April 26, 2020, with a district cost of $5,830.08. F. BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education declare the list of various elementary textbooks, dated November 12, 2019 and submitted by Adam Frankel, Assistant Superintendent for Curriculum & Instruction, as obsolete as they are outdated. G. BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent and in accordance with District Policy No. 6900 and General Municipal Law §103(6), the Board of Education hereby authorizes the disposal of the following equipment by sale to the Westhampton Beach Union Free School District at a total sale price of $1,000. Phonak Focus Serial #1707NY4LC Tag# 20161007 PO#11689 Roger Inspiro Serial #1703NY4MJ Tag# 20161003 PO#11689 H. BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education accept the donation of $315.00 from the South Manor PTA to cover the cost of nurses and admission fees for the Sunken Meadow Park field trips with Dayton Avenue and Eastport Elementary schools on November 4th, 6th, 14th & 15th, and

FURTHER, BE IT RESOLVED, that the Board of Education approve a budget adjustment for the 2019/2020 school year as follows:

Account Code A2110.400-DA-TRIP $315.00 I. BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education accept the donation of $7,219.02 from ESM Touchdown Club, Inc. to cover the stipend for the Varsity Football Assistant Coach, and FURTHER, BE IT RESOLVED, that the Board of Education approve budget adjustments for the 2019/2020 school year as follows:

A2855-150-00-0000 $6,706.00 Athletic Instr. Salaries A9030.800-00-0000 $ 513.02 Social Security


STUDENT SERVICES

A. Acknowledge receipt and review of recommendations from the Committees on Special Education.

POLICY

A. Second Reading – Policy No. 1500, Community Use of School Facilities B. Second Reading – Policy No. 6700 & 6700-R, Purchasing C. First Reading – Policy No. 5100, Student Attendance D. First Reading – Policy No. 5710, Violent and Disruptive Incident Reporting

BOARD COMMITTEE REPORTS Budget Advisory Committee Facilities Committee Health, Safety & Security Committee Legislative Committee Policy Review Committee

COMMUNICATIONS ACKNOWLEDGEMENT

• Warrants including Revenue Budget Status & Appropriation Status Reports as of 12/6/19 • Claims Audit Report for October 2019 from Cerini & Associates • Longwood Regional Legislative Breakfast – February 1st – 8:30 a.m. – 12:00 p.m. • NSSBA “Need to Know” Conference – January 29th

ESM PRIDE PUBLIC PARTICIPATION – SECOND INVITATION DATES TO REMEMBER December 12th Elementary Half Day – Parent/Teacher Conferences Junior High Winter Concert - Instrumental & JH Art Show – 6:00 PM December 13th ESM PTSO Parents Night Out/Drop & Shop – 6:00 PM @ JSHS December 16th Winter Concert II & HS Art Show – 7:00 PM December 17th Junior High Winter Concert – Choral & JH Art Show – 6:00 PM December 18th EES Winter Concert – 6:00 PM December 19th DAS Winter Concert – 6:00 PM December 23rd to SCHOOLS CLOSED – Winter Recess January 3rd January 13th ESMCA Meeting – 7:00 PM January 14th ESM Music Booster Club Meeting – 7:00 PM January 15th Board of Education Meeting – 7:00 PM

Executive Session anticipated to begin at 6:00 PM ADJOURNMENT

111319 minutes Page 1 of 6

Regular Board of Education Meeting November 13, 2019

A regular meeting of the Board of Education of the Eastport-South Manor Central School District, Suffolk County, New York, was held in the Board Meeting Room, Eastport-South Manor Jr. Sr. High School, Manorville, New York on November 13, 2019. Board of Education Members present: Mr. Michael Byrnes, Mrs. Marion Diener, Mr. Francesco Ferraro, Mr. Donald Fox, Mr. Jeffrey Goldhammer, Mrs. Cheryl Hack. Members absent: Mrs. Danielle Warsaw. Also Present: Joseph A. Steimel, Superintendent of Schools, Adam Frankel, Assistant Superintendent for Curriculum & Instruction; Timothy Laube, Assistant Superintendent for Business & Operations; Linda Weiss, Assistant Superintendent for Personnel & Accountability; Sharon P. Murray, District Clerk. EXECUTIVE SESSION MOTION made by Michael Byrnes, seconded by Jeffrey Goldhammer for the Board to enter into executive session at 5:45 p.m. for the purpose of discussing negotiations.

Vote: Yes – 6, No – 0, Absent - 1 MOTION made by Michael Byrnes, seconded by Francesco Ferraro for the Board to reconvene to public session at 7:00 p.m.

Vote: Yes – 6, No – 0, Absent - 1 The meeting was convened with the Pledge by Board President Cheryl Hack. PRESENTATIONS Student Ambassadors Megan Okula, Khushi Patel, Ashley Langdon and Brody Burke reported on the

current events and accomplishments at the JSHS.

MINUTES The minutes for the October 30, 2019 regular meeting were accepted.

REPORTS/ANNOUNCEMENTS • Last week, the second grade teachers and students had a writing celebration where students were able

to showcase their writings. It really shined a light on the reading and writing programs we are doing at the elementary level. Mrs. Zambelli did a great job organizing and I left there saying, this is why we do this!

• The Superintendent Conference Days were successful in having the elementary teachers meet to work on aligning the curriculum across the district. The secondary faculty were able to meet by department and collaborate. The secondary faculty also participated in the Stop the Bleed Program. All faculty and staff were in attendance for Tom Volz who spoke about sexual and general harassment as well as social media and how to keep your private social media from your school social media.


PUBLIC PARTICIPATION None. AREAS OF OPERATION

BUSINESS REPORT Treasurer’s Reports MOTION made by Francesco Ferraro, seconded by Michael Byrnes for the Board of Education to approve the Treasurer’s Reports for September 2019.

Vote: Yes – 6, No – 0, Absent - 1 HUMAN RESOURCES MOTION made by Donald Fox, seconded by Jeffrey Goldhammer for the Board of Education to approve a consent agenda for the following personnel matters:

Vote: Yes – 6, No – 0, Absent - 1 Resignation

NAME AREA REASON EFFECTIVE Caperna, Mark Permanent Substitute (JH/HS) Personal 11/1/19

Gomera, Jennifer Social Worker (JH/HS) Personal 11/5/19

Kennelly, Martha Permanent Substitute To accept another

position in district 11/14/19

Sequen, Carmen Permanent Substitute (JH/HS) To accept another position in district

11/14/19

Servedio, Melissa Teacher Assistant (DAS) Personal 10/30/19

Werner, Michael Custodial Worker I Personal 11/16/19

Zambuto, Toni Teacher Aide (JH/HS) Terminated 11/14/19

Leave of Absence

NAME AREA REASON EFFECTIVE

Burley-Dwyer, Megan ENL Teacher (TAS) Personal 9/3/19-6/26/20 *Extension of original leave date from the 3/20/19 agenda

Employee #291

Special Education Teacher (JH/HS) FMLA 9/25/19-11/7/19 *Extension of original leave date from the 9/11/19 agenda

Employee #649

Elementary Teacher (EES) FMLA 10/28/19-12/31/19 *Intermittent

Tucci, Sandra Teacher Aide (3.0) (TAS) Personal 9/16/19-11/26/19 *Extension of original leave


Appointments The following appointments are conditional, subject to clearance approval by the State Education Department fingerprinting check:

TEACHER

NAME AREA CREDENTIALS SALARY EFFECTIVE Kennelly, Martha ENL Teacher

(TAS)

Professional: English to Speakers of Other Languages

Workday 1-20: $130/day Workday 21-40: $160/day BA/1: $50,958 MA/1: $58,502 *Prorated

9/3/19-6/26/20 *Extension of leave previously approved on 7/2/19

Passarelli, Susan

Music Teacher .4 (DAS/EES)

Initial: Music BA/1: $50,958 *Prorated

11/14/19-6/26/20

TEACHING ASSISTANT

NAME BUILDING CREDENTIALS SALARY EFFECTIVE Acker, Emily JH/HS Teacher/Bachelors $165.28/day 11/14/19-11/13/23

Sequen, Carmen JH/HS Teacher Assistant $162.51/day 11/14/19-11/13/23

Skiseng, Cory JH/HS Teacher/Masters $168.04/day 11/14/19-11/13/23

PERMANENT SUBSTITUTE TEACHERS

NAME BUILDING SALARY EFFECTIVE Passarelli, Susan EES .6 $135/day

*Prorated 11/14/19-6/26/20

Interscholastic Appointments

Winter Coaches (2019-2020) NAME AREA SALARY McCormick, Ryan JV Boys Basketball (Head) $5,612

*Prorated start 11/14/19

Supplemental Pay

NAME AREA SALARY Solomon, Stephen High School Open House 9/16/19 $83.39/hr

*Not to exceed 2 hours Griffiths, David High School Open House 9/16/19 $18.57/hr

*Not to exceed 2.25 hours Daddino, Christine High School Open House 9/16/19 $77.14/hr

*Not to exceed 2.5 hours Acker, Emily Club Chaperone Shared Aide $23.34/hr


2019-2020 Boge, Elizabeth Club Chaperone Shared Aide

2019-2020 $22.95/hr

Desio, Lisa Club Chaperone Shared Aide 2019-2020

$23.73/hr

Pittala, Angelina Club Chaperone Shared Aide 2019-2020

$20.00/hr

Reilly, Jeananne Club Chaperone Shared Aide 2019-2020

$20.00/hr

Russo, Kris Club Chaperone Shared Aide 2019-2020

$20.00/hr

Scibetta, Kathie Club Chaperone Shared Aide 2019-2020

$20.00/hr

Terriaca, Lauren Club Chaperone Shared Aide 2019-2020

$23.73/hr

Cooley, Rosemarie CPI Training 11/21, 12/2 & 12/3

$12.00/hr *Not to exceed 6 hours

Knatz, Patricia CPI Training 11/21, 12/2 & 12/3


Marrin, Jeanine CPI Training 11/21, 12/2 & 12/3


Murphy-D’Elisa, Catherine CPI Training 11/21, 12/2 & 12/3


Rodriguez, Karen CPI Training 11/21, 12/2 & 12/3


Sanchez, Sharon CPI Training 11/21, 12/2 & 12/3


Tomasulo, Keri CPI Training 11/21, 12/2 & 12/3


Zarcone, Kristine CPI Training 11/21, 12/2 & 12/3


Abbondanza, Joanne New Staff Training $22.56/hr *Not to exceed 25 hours

Dyer, Arlene New Staff Training $21.68/hr *Not to exceed 25 hours

Tenure Appointments

NAME AREA EFFECTIVE DATE Forte, Yesenia Teacher Assistant 1/14/20 Gomez, Jennifer Teacher Assistant 12/10/19 Micheels, Jill Teacher Assistant 12/22/19 Sciarrone, Gail Teacher Assistant 12/7/19

Student Teacher/Observer/Internship

NAME AREA SCHOOL EFFECTIVE Perry, Tiffany English SUNY Stony Brook 11/14/19-12/31/19


OLD BUSINESS JSHS North Parking & Loop – The loop is now closed at 4:30 PM which has resolved the issue of parents parking in the loop. NEW BUSINESS Consent Agenda MOTION made by Michael Byrnes, seconded by Marion Diener for the Board of Education to approve a consent agenda and adopt the following resolutions:

Vote: Yes – 6, No – 0, Absent - 1 District-Wide Building Safety Plan BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent and pursuant to Education Law §2801-a, and Commissioner’s Regulation §155.17, the Board of Education approve the District-Wide Building Safety Plan for the 2019/2020 school year. Service Agreement BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education approve the Service Agreement with Creative Tutoring, Inc. for the 2019/2020 school year, for providing academic tutoring in accordance with State Education regulations, using only NYS certified teachers and authorizes the Board President or designee to sign on behalf of the District. Donation & Budget Adjustment BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education accept the donation of $5,821.32 from ESM PTO to cover the cost of stipend payments for Student Council Club, Yearbook Club and Garden Club at Eastport Elementary, and FURTHER, BE IT RESOLVED, that the Board approve budget adjustments for the 2019/20 school year as follows: Account Code A2850.150-EP –CLUB$5,005.00 Account Code A9020.800-00-0000 $ 443.44 Account Code A9030.800-00-0000 $ 372.88 Discussion – Vaping Lawsuit Vaping Lawsuit – NYS Attorney General – The Legislative Committee will be researching this and reporting back to the Board. District Administration will look into having either the Sheriff’s Department or the Suffolk County Police Department come in to offer an informational evening for parents on vaping. STUDENT SERVICES Acknowledge receipt and review of recommendations from the Committees on Special Education. POLICY First Reading – Policy No. 1500, Community Use of School Facilities First Reading – Policy No. 6700 & 6700-R, Purchasing


BOARD COMMITTEE REPORTS Budget Advisory Committee – The next meeting is scheduled for December 3rd at 4:15 PM in the District

Office Conference Room. Facilities Committee – The next meeting is scheduled for November 19th at 2:00 PM in the District Office

Conference Room.

Health, Safety & Security Meeting – Discussed the following: Scannable identifications worn on lanyards – wall mounted/wheeled kiosks Wanding for vaping for state tests Training staff & faculty in CPR Mindfullness Yoga gym class Friendship/Buddies Club AEDs on the 2nd floors and fields Ladders on the second floor buildings Fences, gates & booths around the outside of all buildings along with bollards or large plant pots Hiring security in house and/or a head of security

Policy Committee – The next meeting is December 5th at 4:15 PM in the JSHS Library. COMMUNICATIONS ACKNOWLEDGEMENT • Warrants including Revenue Budget Status & Appropriation Status Reports as of 11/8/19;

acknowledgement letter from the NYS Comptroller’s Office.

ESM PRIDE Last Thursday was coffee with the principals at Dayton Avenue. Yesterday, there was a meeting with the EES PTO.

PUBLIC PARTICIPATION None. ADJOURNMENT MOTION made by Jeffrey Goldhammer, seconded by Donald Fox for the Board to adjourn the meeting at 7:54 p.m.

Vote: Yes – 6, No – 0, Absent - 1 Respectfully submitted,

Sharon P. Murray District Clerk


Special Board of Education Meeting December 2, 2019

A special meeting of the Board of Education of the Eastport-South Manor Central School District, Suffolk County, New York, was held in the District Administrative Offices, Manorville, New York on December 2, 2019. Board of Education Members present: Mrs. Cheryl Hack, Mrs. Marion Diener, Mr. Francesco Ferraro, Mr. Michael Byrnes, Mr. Donald Fox. Members absent: Mrs. Danielle Warsaw, Mr. Jeffrey Goldhammer. The meeting was called to order with the Pledge of Allegiance at 6:00 p.m. EXECUTIVE SESSION MOTION made by Donald Fox, seconded by Marion Diener for the Board of Education to convene to executive session for the purpose of discussing negotiations.

Vote: Yes – 5, No – 0, Absent - 2. ADJOURNMENT MOTION made by Marion Diener, seconded by Francesco Ferraro for the Board to reconvene to public session adjourn the meeting at 9:15 p.m.

Vote: Yes – 5, No – 0, Absent - 2.

Respectfully submitted,

Sharon P. Murray District Clerk

ESMCSD Policy Book

1500

COMMUNITY USE OF SCHOOL FACILITIES School buildings and grounds and all property belonging to the District are under the control and supervision of the District. The school buildings, grounds and property are maintained for the education and recreational purposes of the school children of the District. As a service to the community and in accordance with the law, the Board of Education may authorize the use of school facilities by properly organized groups. No such use shall be made of the buildings, grounds or property that interfere or disrupt their most effective use for the benefit or our school children. The Board of Education has no authority to grant use of school district facilities or property for any purposes other than those set forth by law.

Eligibility

1. An organization requesting use of school facilities must draw a majority of its

membership from residents of the Eastport South Manor Central School District.

2. Organization may be required to submit its Constitution and By-Laws, names of its officers, as well as names and addresses of its membership.

3. The use of facilities must be for purposes permitted by this policy and the laws of the

State of New York.

4. The use of District facilities and property for private commercial purposes is expressly prohibited by Article 8, Section 1 of the New York State Constitution. The District will not permit the use of school facilities, equipment and personnel for the conduct of private commercial businesses.

Facility Use Regulations

The Superintendent shall develop administrative regulations to implement this policy. These regulations shall be in accordance with state law and must:

1. Provide for the health and safety of all participants involved in the activity;

2. Assure the protection of district property;

3. Establish guidelines for when facility use fees shall be charged;

4. Establish a facility use fee schedule to be approved by the Board of Education at the

annual reorganization meeting;

5. Require payment for any damage, loss or misuse of district facilities and property, whether or not a facility use fee has been assessed;

ESMCSD Policy Book

1500

6. Establish a facility use application that shall include the following information: a. Applicant’s organizational status b. Applicant’s district residency disclosures c. Nature of the applicant’s activities d. Fees assessed to participants

All information disclosed on the facility use application is subject to the verification and audit of the District.

1. Establish guidelines for issuing facility use permits;

2. Establish guidelines for implementing priority use of facilities

The District reserves the right to deny or revoke any permit for any reason. The District also reserves the right to waive facility use fees when it is in the best interests of the District.

Supervisor of Operations

The Superintendent shall designate a Supervisor of Operations who shall:

1. Receive and review applications for the use of District facilities

2. Schedule the use of facilities to ensure that efficient use is made of the time and

space available

3. Issue permits

4. Verify minimum insurance requirements:

Minimum insurance requirements require the group to submit a “certificate of insurance.” The certificate of insurance must name “Eastport South Manor Central School District, 149 Dayton Avenue, Manorville, NY 11949” as the certificate holder. The certificate of liability must include the following statement in the description of operations/locations/vehicles box:

“The certificate holders named as additional insured on a primary non- contributory basis when required under written Contract or Agreement: Eastport South Manor Central School District, it’s Board, employees and volunteers. Form CG2020 is attached.”

*The form CG2020 is obtainable through your insurance agent and must be included.

ESMCSD Policy Book

1500

Minimum insurance limits under the policy must be as follows: • Each occurrence $2,000,000 • Damage to rented premises (each occurrence) $100,000 • Medical expenses (any one person) $5,000 • Personal and ADV injury $2,000,000 • General aggregate $3,000,000 • Combined single limit (each accident) $5,000,000

5. Verify residency, organization status and other information on the facility use

application as needed The Supervisor of Operations shall maintain an “Approved Users of District Facilities” list. Upon receipt of a first request for use of District facilities, the Supervisor of Operations shall determine if the request meets the District’s requirements for use of District facilities. If so, he/she shall recommend to the Superintendent, or designee, that the applicant be approved and added to the “Approved Users of District Facilities” list. Once on this list, the Supervisor of Operations may approve these applicants and issue permits without further approval so long as all subsequent facility use applications are consistent with this policy.

Scheduling Use of Facilities

The scheduling of the use of District facilities shall be in accordance with the following guidelines:

1. Priority access to District facilities shall be given in the following order:

a. school and school related organizational activities b. youth groups c. adult groups d. A more detailed priority list within the three groups listed above is as follows:

• school purposes • school sponsored or related activities, including recreational • PTA groups • College extension programs and similar groups which serve district residents • Recreational programs other than those sponsored by the District • Community youth groups such as boy and girl scouts

To further assist in the determination of priority status, the District will consider the following:

• Resident groups will have priority over non-resident groups • Large groups will have priority over small groups • District-wide participation will have priority of smaller and more limited

participation

ESMCSD Policy Book

1500

• Governmental organization will have priority over non-governmental organizations

• Volunteer groups will have priority over non-volunteer groups.

1. No field or gymnasium may be utilized in a way that creates an unreasonable restriction of use by other groups

2. Changes in facility use assignments may be made at the sole discretion of the District

3. Use of school facilities shall be made in a manner that does not conflict with District

activities and maintenance schedules

4. The District reserves the right to set aside or restrict use of a field if conditions warrant

5. When assigning fields to community groups, the District reserves the right to assign a field that is appropriate for the sport and the season of the field

6. The District reserves the right to deny the use of any facility or property to any group

that has previously misused, abused or misplaced District property

7. The District reserves the right to deny the use of any facility or property to any group that has previously failed to pay fees for previous facility use or the abuse, misuse or misplacement of District property

8. For reasons of safety, health and sanitation, no dogs or any other pet animals are permitted on school grounds or in school facilities, with the exception of service animals, service animal trainees, and animals featured in programs or events organized by the Eastport-South Manor Central School District.

Responsibilities of Approved Facility Use Applicants

1. An organization using school facilities shall be responsible for providing adult

supervision to ensure the safety of all persons in attendance

2. An organization using school facilities shall be responsible for enforcing all District rules governing the conduct of persons on District property

3. An organization using school facilities shall be responsible for any damage incurred

during such use, as reported by the building Principal, Supervisor of Operations or other staff member and may be held financially responsible for required repairs and/or replacements

4. An organization using school facilities shall be responsible for restricting its participants

or persons attending the function to using only those facilities designated on the application at the time and date specified

5. An organization using school facilities for activities where admission or other fees are

charged may be required to submit to the District a detailed financial statement showing

ESMCSD Policy Book

1500

the total receipts and expenses associated with the facility use

ESMCSD Policy Book

1500

6. An organization using school facilities may not sell or serve refreshments without the prior consent of the Supervisor of Operations

Rules for Use

The determination as to whether to issue a permit, revoke a permit, assign specific rooms or fields, etc., shall be at the sole discretion of the District. Organizational use may be cancelled with or without notice on a single or multi-use basis if it will interfere with a designated school group or for any other reason determined to be in the best interests of the District. In addition:

1. The District reserves the right to transfer with or without notice, any activity from one

space to another, from one building to another, or cancel the activity completely, for any reason.

2. Outdoor sports, including soccer, lacrosse, softball and baseball cannot practice indoors

unless the Director of Athletic deems the activity and equipment being used, safe for District property.

3. Whether or not admission fees are charged, no contribution may be solicited on District

grounds unless permission is granted on the permit.

4. The permit is only valid for the time and dates specified on the permit and the purposes specified on the facility use application.

5. Permits are not transferrable.

6. There shall be no gambling, possession, sale or distribution of alcohol or controlled

substances at any time in the school buildings or District property.

7. There shall be no smoking on school grounds.

8. There shall be no firearms or weapons on school grounds.

9. No exhibits, posters or other materials shall be displayed on District property without the prior approval of the Supervisor of Operations or building principal.

10. Any facility use fees assessed by the District are due to the District within 30 days of the

invoice date.

11. Modifications may not be made to District property or equipment

12. Screws, nails, bolts and other highly adhesive products may not be used on school property1500

ESMCSD Policy Book

1500

Schedules and Emergency Closings Facilities will generally not be available for use during scheduled school holidays and vacations as indicated on the school calendar. In addition, if the schools are closed due to inclement weather or other emergencies, after-school and community activities will automatically be cancelled unless special express approval is obtained from the District.

Appeals

Denials for use of school facilities may be appealed to the Superintendent within five (5) school days of the receipt of the denial. The Superintendent shall have five (5) school days to respond to the appeal. Applicants who have appealed to the Superintendent and are not satisfied with the action taken may appeal to the Board of Education within ten (10) school days of receiving a response from the Superintendent.

Ref: Education Law § 414

Adoption date: January 23, 2019

6700

PURCHASING The Board of Education views purchasing as serving the educational program by providing necessary supplies, equipment and related services. Purchasing will be centralized in the business office. The Purchasing Agent is designated by the Board annually.

It is the goal of the Board to purchase competitively, without prejudice or favoritism, and to seek the maximum educational value for every dollar expended. Competitive bids or quotations shall be solicited in connection with purchases pursuant to law. The General Municipal Law requires that purchase contracts for materials, equipment and supplies involving an estimated annual expenditure exceeding $20,000 and public work contracts involving an expenditure of more than $35,000 will be awarded only after responsible bids have been received in response to a public advertisement soliciting formal bids. Purchases of the same commodity cannot be artificially divided for the purpose of avoiding the threshold. Similar procurements to be made in a fiscal year will be grouped together for the purpose of determining whether a particular item must be bid.

The district's purchasing activity will strive to meet the following objectives:

1. To effectively supply all administrative units in the school system with needed materials,

supplies, and contracted services; 2. To obtain materials, supplies and contracted services at the lowest prices possible

consistent with the quality and standards needed as determined by the Purchasing Agent in conformance with state law and regulation and in cooperation with the requisitioning authority. The educational and physical welfare of the students is the foremost consideration in making any purchase;

3. To ensure that all purchases fall within the framework of budgetary limitations and that

they are consistent with the educational goals and programs of the district; 4. To maintain an appropriate and comprehensive accounting and reporting system to record

and document all purchasing transactions; and 5. To ensure, through the use of proper internal controls, that loss and/or diversion of district

property is prevented.

Opportunities shall be provided to all responsible suppliers to do business with the school district. Suppliers whose place of business is situated within the district may be given preferential consideration only when bids or quotations on an item or service are identical as to price, quality and other factors. Purchases will be made through available cooperative BOCES bids, state contracts of the Office of General Services, county contracts, or agreements entered into by school districts for joint purchasing whenever such purchases are in the best interests of the district. In addition, the district will make purchases from correctional institutions and severely disabled persons through charitable or non-profit-making agencies, as provided by law.

6700

In accordance with law, the district shall give a preference in the purchase of instructional materials to vendors who agree to provide materials in alternative formats. The term “alternative format” shall mean any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as an accommodation for a disabled student enrolled in the district (or program of a BOCES), including but not limited to Braille, large print, open and closed captioned, audio, or an electronic file in a format compatible with alternative format conversion software that is appropriate to meet the needs of the individual student.

The Board is also aware of the need to reduce exposure of students and staff to potentially harmful chemicals and substances used in cleaning and maintenance. In accordance with law, regulation and guidelines set forth by the Office of General Services (OGS), the district will purchase and utilize environmentally-sensitive cleaning and maintenance products in its facilities whenever feasible. Cleansers purchased must, first and foremost, be effective so that the district may continue to purchase non-green products as necessary. Environmentally sensitive cleaning and maintenance products will be procured in accordance with standard purchasing procedures as outlined in this policy and regulation.

In order to ensure that the district avails itself of advantageous purchasing opportunities, the Board authorizes the Purchasing Agent to represent the district in applying for federal programs designed to discount prices for goods and services. Specifically, the Purchasing Agent will abide by the rules and regulations associated with applying for telecommunications service discounts through the Universal Service Fund (E-Rate), in addition to complying with the local purchasing policies set forth by the Board. As with all purchasing activity, appropriate documentation of the application and purchase through any federal program will be maintained by the business office.

Competitive Bidding

Purchase contracts and public works contracts subject to competitive bidding will be awarded to the lowest responsible bidder; however, the Board authorizes that purchase contracts may be awarded to a responsive and responsible offeror on the basis of best value (“competitive offering”), as defined in State Finance Law §163.

The district shall comply with the requirements of General Municipal Law §103-g, which prohibits, with few exceptions, competitive bidding contracts with entities that invest significantly in the Iranian energy sector, as outlined in the accompanying regulation.

Competitive bidding, even if the dollar value of the purchase meets the threshold established above, is not required in the following circumstances:

1. Emergencies where time is a crucial factor; 2. Procurements for which there is no possibility of competition (sole source items); or 3. Professional services that require special skill or training.

6700

Purchasing when Competitive Bidding Not Required

Goods and services which are not required by law to be procured by the district through competitive bidding will be procured in a manner so as to ensure the prudent and economical use of public monies, in the best interests of the taxpayers, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption.

Alternative proposals or quotations will be secured by requests for proposals, written or verbal quotations or any other appropriate method of procurement, except as permitted by state law for procurements:

1. Under a county contract; 2. Under a state contract; 3. Under a federal contract; 4. Under a contract of another political subdivision; 5. Of articles manufactured in state correctional institutions; or 6. From agencies for the blind and severely disabled. 7. Exceptions should include when a student’s immediate or specialized needs do not permit the

District to execute the RFP process as listed in Section VI.A.3. This may be due to time limitations in obtaining the required services for the student or issues with finding adequate placement for the student. The District will maintain documentation of written justification for such exceptions. Exceptions can also include when one or more vendors are required to provide specific and timely care for a student. The District is permitted to execute these exceptions because the RFP process is not specific enough to provide the required services for the student in a timely manner. The District will maintain documentation of written justification for such exceptions. The Board of Education also can pass a resolution to approve other exceptions not listed here.

The district will provide justification and documentation of any contract awarded to an offeror other than the lowest responsible dollar offeror, setting forth the reasons why such award is in the best interests of the district and otherwise furthers the purposes of section 104-b of the General Municipal Law.

General Purchasing Provisions

The Board authorizes the Superintendent of Schools, with the assistance of the Purchasing Agent and the Treasurer, to establish and maintain an internal control structure to ensure, to the best of their ability, that the district’s assets will be safeguarded against loss from unauthorized use or disposition, that transactions will be executed in accordance with the law and district policies and regulations, and recorded properly in the financial records of the district.

The Purchasing Agent, shall be responsible for the establishment and implementation of the procedures and standard forms for use in all purchasing and related activities in the district. Such procedures shall comply with all applicable laws and regulations of the state and the Commissioner of Education.

No Board member, officer or employee of the school district shall have an interest in any contract entered into by the Board or the district, as provided in Article 18 of the General Municipal Law.

The Board of Education shall review the district’s procurement procedures annually, including this

6700

purchasing policy and regulation.

6700

The unintentional failure to fully comply with the provisions of section 104-b of the General Municipal Law or the district’s policies regarding procurement will not be grounds to void action taken nor give rise to a cause of action against the district or any officer or employee of the district.

Cross-ref: 6710, Purchasing Authority

6740, Purchasing Procedures Ref: Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law

111-195) Education Law §§ 305(14); 409-i; 1604(29-a); 1709(4-a)(9)(14)(22); 2503(7-a); 2554(7- a) General Municipal Law §§ 102; 103; 103-g; 104; 104-b; 109-a; 800 et seq State Finance Law §§ 97-g(3), (4), (5); 163; 163-b; 165-a County Law §408-a(2)

Adoption date: January 7, 2009 Re-adoption date: March 3, 2010 Re-adoption date: July 28, 2010 Re-adoption date: August 20, 2014

6700-R

ESMCSD Policy Book

PURCHASING REGULATION The following sets forth the procedures for the procurement of goods and services by the district:

I. Definitions

Best value: optimizing quality, cost and efficiency among responsive and responsible offerors. The basis for best value shall reflect, whenever possible, objective and quantifiable analysis, and may also take into consideration small businesses or certified minority- or women-owned businesses as defined in State Finance Law § 163.

Purchase Contract: a contract involving the acquisition of commodities, materials, supplies or equipment. For purposes of best value awards, the term “purchase contract” includes contracts for service work but excludes contracts necessary for the completion of a public works contract covered by the prevailing wage provisions of Article 8 of the N.Y.S. Labor Law.

Public Work Contract: a contract involving services, labor or construction

Responsive offeror: for purposes of best value awards, a responsive offeror is an offeror meeting the minimum specifications established by the District in its competitive offering.

II. General Municipal Law

The General Municipal Law requires that purchase contracts for materials, equipment and supplies involving an estimated annual expenditure exceeding $20,000 and public work contracts involving an expenditure of more than $35,000 be awarded only after responsible bids have been received in response to a public advertisement soliciting formal bids, or, in the case of purchase contracts only, awarded on the basis of best value among responsible and responsive offerors pursuant to a competitive offering. Similar procurements to be made in a fiscal year will be grouped together for the purpose of determining whether a particular item must be bid.

III. Competitive Bidding Required

A. Method of Determining Whether Procurement is Subject to Competitive Bidding

1. The district will first determine if the proposed procurement is a purchase contract or a contract for public work.

6700-R

ESMCSD Policy Book

2. If the procurement is either a purchase contract or a contract for public work, the district will then determine whether the amount of the procurement is above the applicable monetary threshold as set forth above.

3. The district will also determine whether any exceptions to the competitive

bidding requirements (as set forth below) exist.

4. All advertised bids shall include the following statement required by General Municipal Law 103-g: “By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the state finance law.”

B. Contract Combining Professional Services and Purchase

In the event that a contract combines the provision of professional services and a purchase, the district, in determining the appropriate monetary threshold criteria to apply to the contract, will determine whether the professional service or the purchase is the predominant part of the transaction.

C. Opening and Recording Bids; Awarding Contracts

The Purchasing Agent will be authorized to open and record bids. Contracts will be awarded to the lowest responsible bidder or a purchase contract bid of best value, (as recommended by the Purchasing Agent), who has furnished the required security after responding to an advertisement for sealed bids.

Where the basis for award is best value, the Purchasing Agent shall document in the procurement record and in advance of the initial receipt of offers, the determination of the evaluation criteria, which, whenever possible, shall be objective and quantifiable (such as a cost-benefit analysis), as well as the process to be used in the determination of best value and the manner in which the evaluation process and selection shall be conducted. The basis for awarding the contract may identify a quantitative factor for offerors that are small businesses or certified minority- or women-owned business enterprises as defined in subdivisions one, seven, fifteen, and twenty of Executive Law §310 to be used in evaluation of offers for awarding of contracts for services. Best value specifications

6700-R

ESMCSD Policy Book

should describe the general manner in which the evaluation and award of offers will be conducted and, as appropriate, identify the relative importance or weighting of non-price factors. In evaluating and determining to accept a higher priced offer, a cost-benefit analysis should generally be used and documented to show quantifiable value or savings from non-price factors that offset the price differential of the lower price offers.

In order to be considered a responsible bidder, entities must certify that they are not on the list created and maintained by the State Office of General Services cataloging significant investment in the Iranian energy sector. Such statement may be submitted electronically pursuant to General Municipal Law §103(1). Where an entity cannot make such a certification, the entity must furnish with its bid a signed statement which sets forth in detail the reasons why it cannot make the necessary certification.

Entities that cannot make this certification may, on a case-by-case basis, be awarded the bid only if:

1. The entity’s investment activities in Iran were made before April 12, 2012;

the investment activities in Iran have not been expanded or renewed after that date; and the entity has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

2. The district makes a determination, in writing, that the goods or services are necessary for the district to perform its functions and that, absent such an exemption, the district would be unable to obtain the goods or services for which the contract is offered.

D. Documentation of Competitive Bids

The district will maintain proper written documentation which will set forth the method in which it determined whether the procurement is a purchase or a public work contract.

Proper written documentation will also be required when a contract is not awarded to the vendor submitting the lowest quote, setting forth the reasons therefore. That vendor may be given an opportunity to defend his product and/or reputation before the Board of Education.

A quote which exceeds the bid limit will be awarded only when such award is in the best interests of the district and otherwise furthers the purposes of section 104- b of the General Municipal Law. The district will provide justification and documentation of any such contract awarded.

6700-R

ESMCSD Policy Book

The vendor will keep accurate and complete accounting records. Upon no less than ten days written notice and no more than one per fiscal year, Eastport-South Manor Schools may audit or use a reputable accounting firm to audit, the vendor’s records relating to its performance under this Agreement.

Costs of any audits conducted under the authority of this right to audit and not addressed elsewhere will be borne by Eastport-South Manor Schools unless certain exemption criteria are met. If the audit discovers substantive findings related to inappropriate accounting, non-performance, misrepresentation or fraud, Eastport-South Manor Schools may recoup the costs of the audit work from the vendor. Any adjustments and/or payments that must be made as a result of any such audit or inspection of the vendor’s records shall be made within a reasonable amount of time (not to exceed 60 days) from the presentation of the Eastport- South Manor Schools’ findings to the vendor.

E. Purchase of Instructional Materials

In accordance with Education Law the district shall give a preference in the purchase of instructional materials to vendors who agree to provide materials in alternative formats (i.e., any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as a accommodation for a disabled student enrolled in the district, including but not limited to Braille, large print, open and closed captioned, audio or an electronic file in an approved format.)

The district will establish and follow a plan to ensure that every student with a disability who needs his or her instructional materials in an alternative format will receive those materials at the same time that they are available to non-disabled students.

F. Leases of Personal Property

In addition to the above-mentioned competitive bidding requirements, section 1725 of the Education Law provides that the district will be subject to competitive bidding requirements for purchase contracts when it enters into a lease of personal property.

Documentation: The district will maintain written documentation such as quotes, cost-benefit analysis of leasing versus purchasing, etc.

G. Environmentally-Sensitive Cleaning and Maintenance Products

The district will purchase and utilize environmentally sensitive cleaning and maintenance products whenever feasible. The purchasing agent will consult with the Green Guidelines provided by the Office of General Services.

6700-R

ESMCSD Policy Book

Any legal issues regarding the applicability of competitive bidding requirements will be presented to the school attorney for review.

IV. Exceptions to Competitive Bidding Requirements

The district will not be subject to competitive bidding requirements when the Board of Education, in its discretion, determines that one of the following situations exists:

1. Emergency situations where:

a. The situation arises out of an accident or unforeseen occurrence or

condition;

b. A district building, property, or the life, health, or safety of an individual on district property is affected; or

c. The situation requires immediate action which cannot await competitive

bidding.

However, when the Board passes a resolution that an emergency situation exists, the district will make purchases at the lowest possible costs, seeking competition by informal solicitation of quotes or otherwise, to the extent practicable under the circumstances.

Documentation: The district will maintain records of verbal (or written) quotes, as appropriate;

2. When the district purchases surplus or second-hand supplies, materials or

equipment from the federal or state governments or from any other political subdivision or public benefit corporation within the state.

Documentation: The district will maintain market price comparisons (verbal or written quotes) and the name of the government entity;

3. When the Board separately purchases eggs, livestock, fish and dairy products (other

than milk), juice, grains and species of fresh fruits and vegetables directly from producers or growers. The amount expended in any fiscal year by the district may not exceed an amount equal to twenty cents multiplied by the number of days in the school year multiplied by the total enrollment of the district.

Documentation: The district will maintain documentation consistent with sections 114.3 of the Regulations of the Commissioner of Education;

4. When the Board separately purchases milk directly from licensed milk processors

employing less than forty (40) people. The amount expended in any fiscal year by the district may not exceed an amount equal to twenty-five cents multiplied by

6700-R

ESMCSD Policy Book

the number of days in the school year multiplied by the total enrollment of the district or exceed the current market price.

Documentation: The district will maintain documentation consistent with section 114.4 of the Regulations of the Commissioner of Education;

5. When there is only one possible source from which to procure goods or services

required in the public interest.

Documentation: The district will maintain written documentation of the unique benefits of the item or service purchased as compared to other items or services available in the marketplace; that no other item or service provides substantially equivalent or similar benefits; and that, considering the benefits received, the cost of the item or service is reasonable, when compared to conventional methods. In addition, the documentation will provide that there is no possibility of competition for the procurement of the goods.

6. When the district purchases professional services that require special skill or

training, such as but not limited to, audit, medical, legal or insurance services, or property appraisals.

Exceptions should include when a student’s immediate or specialized needs do not permit the District to execute the RFP process as listed in Section VI.A.3. This may be due to time limitations in obtaining the required services for the student or issues with finding adequate placement for the student. The District will maintain documentation of written justification for such exceptions. Exceptions can also include when one or more vendors are required to provide specific and timely care for a student. The District is permitted to execute these exceptions because the RFP process is not specific enough to provide the required services for the student in a timely manner. The District will maintain documentation of written justification for such exceptions. The Board of Education also can pass a resolution to approve other exceptions not listed here.

Documentation: The district will keep adequate documentation which may include requests for proposals (RFPs) issued, written correspondence, memoranda, and copies of contracts.

V. Standardization

Upon the adoption of a resolution by a vote of 3/5ths of the Board stating that, for reasons of efficiency or economy, there is a need for standardization, purchase contracts for a particular type or kind of equipment, material or supplies of more than $20,000 may be awarded to the lowest responsible bidder furnishing the required security after advertisement for sealed bids. The resolution must contain a full explanation of the reasons for its adoption.

VI. Quotes When Competitive Bidding Not Required

6700-R

ESMCSD Policy Book

Goods and services which are not required by law to be procured by the district through competitive bidding will be procured in a manner so as to ensure the prudent and economical use of public monies in the best interests of the taxpayers. Alternative proposals or quotations will be secured by requests for proposals, written or verbal quotations or any other appropriate method of procurement, as set forth below.

A. Methods of Documentation

1. Verbal Quotations: the telephone log or other record will set forth, at a minimum, the date, item or service desired, price quoted, name of vendor, name of vendor’s representative;

2. Written Quotations: vendors will provide, at a minimum, the date,

description of the item or details of service to be provided, price quoted, name of contact. The district will maintain documentation consistent with Exhibit E.1 that will include advertisements, specifications and the awarding resolution. Alternatively, written or verbal quotation forms will serve as documentation if formal bidding is not required.

3. Requests for Proposals: the district should contact a number of professionals and request that they submit written proposals. The RFPs may include negotiations on a fair and equal basis. The RFPs and evaluation of such proposals should consider price plus other factors such as:

a. The special knowledge or expertise of the professional or consultant

service; b. The quality of the service to be provide; c. The staffing of the service; and d. The suitability for the district’s needs.

The district should first locate prospective qualified firms by:

a. Advertising in trade journals; b. Checking listings of professionals; or c. Making inquiries of other districts or other appropriate sources.

The district should then prepare a well-planned RFP which will contain critical details of the engagement, including the methods which it should use in selecting the service.

The District should seek RFPs for all professional services at least once every five years. Vendors selected via the RFP process should enter into a Board approved contract. This contract should include fees for services and a description of the service provided. Exceptions should include when a student’s immediate or specialized needs do not permit the District to execute the RFP process as listed in Section

6700-R

ESMCSD Policy Book

VI.A.3. This may be due to time limitations in obtaining the required services for the student or issues with finding adequate placement for the student. The District will maintain documentation of written justification for such exceptions. Exceptions can also include when one or more vendors are required to provide specific and timely care for a student. The District is permitted to execute these exceptions because the RFP process is not specific enough to provide the required services for the student in a timely manner. The District will maintain documentation of written justification for such exceptions. The Board of Education also can pass a resolution to approve other exceptions not listed here.

B. Purchases/Public Work: Methods of Competition to be Used for Non-Bid Procurements; Documentation to be Maintained

The district will require the following methods of competition be used and sources of documentation maintained when soliciting non-bid procurements in the most cost-effective manner possible:

1. Purchase Contracts up to $20,000

a. Contracts from $10,001 to $15,000: Verbal quotes Documentation will include notations of verbal quotes.

b. Contracts from $15,001 to $20,000: Written quotes

2. Public Work Contracts up to $35,000

a. Contracts from $10,001 to $15,000: Verbal quotes Documentation will include notations of verbal quotes.

b. Contracts from $15,001 to $35,000: Written quotes

3. Emergencies: Informal solicitations of quotes or otherwise, to the extent practicable under the circumstances.

4. Insurance: Written quotes or RFP.

Documentation will include advertisements, specifications and the awarding resolution. Alternatively, written or verbal quotation forms will serve as documentation, if formal bidding is not required. Requests for Proposals (RFPs), documented in the same manner as described herein, may also be used.

5. Professional Services: Quote/contract or RFP

Documentation will include advertisements, specifications, and the awarding resolution. Alternatively, written or verbal quotation forms will serve as documentation. Requests for Proposals (RFPs), documented in the same manner as described herein, may also be used.

6700-R

ESMCSD Policy Book

Exceptions should include when a student’s immediate or specialized needs do not permit the District to execute the RFP process as listed in Section VI.A.3. This may be due to time limitations in obtaining the required services for the student or issues with finding adequate placement for the student. The District will maintain documentation of written justification for such exceptions. Exceptions can also include when one or more vendors are required to provide specific and timely care for a student. The District is permitted to execute these exceptions because the RFP process is not specific enough to provide the required services for the student in a timely manner. The District will maintain documentation of written justification for such exceptions. he Board of Education also can pass a resolution to approve other exceptions not listed here.

6. Second Hand Equipment from Other Governments: Verbal or Written Quotes. Documentation will include market price comparisons (Verbal or written quotes) and the name of the government.

7. Certain Food and Milk Purchases: Written quotes

Documentation will be consistent with sections 114.3 and 114.4 of the Regulations of the Commissioner of Education.

8. Sole Source: Written or verbal quotes

Documentation will include, among other things, the unique benefits of the patented item as compared to other items available in the marketplace; that no other item provides substantially equivalent or similar benefits; and that considering the benefits received, the cost of the item is reasonable, when compared to conventional methods. Notations of verbal quotes will be maintained by the district. In addition, the district will document that there is no possibility of competition of the procurement of the goods.

VII. Quotes Not Required When Competitive Bidding Not Required

The district will not be required to secure alternative proposals or quotations for those procurements as permitted by state law:

1. Under a county contract; 2. Under a state contract; 3. Under a federal contract; 4. Under a contract of another political subdivision; 5. Of articles manufactured in state correctional institutions; or 6. From agencies for the blind and severely disabled.

6700-R

ESMCSD Policy Book

Consistent with General Municipal Law § 103(16), the district may contract for purchase of apparatus, materials, equipment, and supplies, and contract for services related to the installation, maintenance, or repair of those items, through the use of contracts let by the United States or any agency thereof, any state or any other political subdivision therein, provided the contract was made available for use by other governmental entities, and:

a. The contract was let to the lowest responsible bidder in a manner consistent with General Municipal Law § 103; or

b. The contract was let on the basis of best value in a manner consistent with General Municipal Law § 103.

In addition, the district will not be required to secure such alternative proposals or quotations for

Emergencies where time is a crucial factor;

1. Procurements for which there is no possibility of competition (sole

source items); 2. Procurements of professional services, which, because of the

confidential nature of the services, do not lend themselves to procurement through solicitation; or

3. Very small procurements when solicitations of competition would not be cost- effective.

VIII. Procurements from Other than the “Lowest Responsible Dollar Offeror”

The district will provide justification and documentation of any contract awarded to an offeror other than the lowest responsible dollar offeror, setting forth the reasons why such award is in the best interests of the district and otherwise furthers the purposes of section 104-b of the General Municipal Law.

6700-R

ESMCSD Policy Book

IX. Internal Control

The Board authorizes the Superintendent of Schools, with the assistance of the Assistant Superintendent for Business, to establish and maintain an internal control structure to ensure, to the best of their ability, that the district’s assets will be safeguarded against loss from unauthorized use or disposition, that transactions will be executed in accordance with the law and district policies and regulations, and recorded properly in the financial records of the district.

Comments will be solicited from those administrators involved in the procurement process before enactment of the district’s regulations regarding purchasing and from time to time thereafter. The regulations must then be adopted by Board resolution. All district regulations regarding the procurement processes will be reviewed by the Board at least annually.

The unintentional failure to fully comply with the provisions of section 104-b of the General Municipal Law or the district’s regulations regarding procurement will not be grounds to void action taken or give rise to a cause of action against the district or any officer or employee of the district.

Adoption date: January 7, 2009 Re-adoption date: March 3, 2010 Re-adoption date: July 28, 2010 Re-adoption date: August 20, 2014 Re-adoption date: February 13, 2019 Re-adoption date: August 21, 2019

NYSSBA Sample Policy Copyright © 2016 by the New York State School Boards Association, Inc. Not for further reproduction or posting without the express permission of NYSSBA

NYSSBA Sample Policy 5100 (X) Required (X) Local ( ) Notice

STUDENT ATTENDANCE NOTE: A comprehensive policy on student attendance is required by Commissioner’s regulations §104.1. However, the federal McKinney-Vento Homeless Assistance Act was recently reauthorized and modified by the Every Student Succeeds Act of 2015 (ESSA), and these changes are likely to impact school district attendance policies.

Under McKinney-Vento, school districts already had to develop, review and revise policies to remove barriers to the retention of homeless students in school. Under ESSA, that must now include addressing barriers to retention due to absences. In practical terms, this may mean that if a homeless student is experiencing absences (which many homeless students do, due to the difficulties of homelessness), and the district’s attendance policy creates barriers to retention in school due to those absences (e.g., actions that have the effect of discouraging school retention, such as suspension, denial of course credit, removal from school, court involvement, or perhaps denial of participation in extracurricular activities), that would likely no longer be permitted as a condition of receiving federal funding. This is not to say that homeless students should be permitted to skip class or school just by virtue of being homeless, in violation of the state’s compulsory education law. Rather, care should be taken to do everything possible to keep homeless students in school, rather than push them away. We are awaiting amended state regulations in response to ESSA. These changes may further impact district responsibilities, and the associated policies. We will continue to monitor the situation and issue further Updates, if necessary. Additionally, under ESSA, note that there is a greater emphasis on the responsibilities of school districts to enroll and transport students to their school of origin or school of current location. Greater assistance to homeless students to get to school may help reduce absences.

The Board of Education recognizes that regular school attendance is a major component of academic success. Through implementation of this policy, the Board expects to minimize the number of unexcused absences, tardiness, and early departures (referred to in this policy as “ATEDs”), encourage full attendance by all students, maintain an adequate attendance recordkeeping system, identify patterns of student ATEDs and develop effective intervention strategies to improve school attendance. Notice To be successful in this endeavor, it is imperative that all members of the school community are aware of this policy, its purpose, procedures and the consequences of non-compliance. To ensure that students, parents, teachers and administrators are notified of and understand this policy, the following procedures shall be implemented. NOTE: Commissioner’s regulations require that parents/guardians receive a plain language summary of this policy at the beginning of the school year, and take other steps deemed necessary to promote understanding of the policy by students and parents. The other bullets below offer examples of additional steps that may be taken.


NYSSBA Sample Policy 5100 • A plain language summary of this attendance policy will be included in student

handbooks and will be reviewed with students at the start of the school year. • Parents will receive a plain language summary of this policy by mail at the start of the

school year. Parents will be asked to sign and return a statement indicating that they have read and understand the policy.

When a student is absent, tardy, or leaves early from class or school without excuse, designated staff member(s) will notify the student’s parent(s) by phone and mail of the specific ATED, remind them of the attendance policy, and review ATED intervention procedures with them.

A back-to-school event will be held at the beginning of each school year to emphasize that every day of attendance counts, explain this policy, and stress the parent’s responsibility for their ensuring their children’s attendance.

School newsletters and publications will include periodic reminders of the components of this policy.

NOTE: Commissioner’s regulations require that the district provide a copy of its attendance policy, and amendments, to faculty and staff, and that new staff receive a copy upon employment. Although not required, it is good practice to review the policy with faculty and staff at the beginning of each school year. The regulations further require that copies be made available to any community member upon request. The bullets below address these requirements. • The district will provide a copy of the attendance policy and any amendments thereto to

faculty and staff. New staff will receive a copy upon their employment. • All faculty and staff will meet at the beginning of each school year to review the

attendance policy to clarify individual roles in its implementation. • Copies of this policy will also be made available to any community member, upon

request. NOTE: The bullet below is intended to address educational neglect. • The district will share this policy with local Child Protective Services (CPS) to ensure a

common understanding of excused and unexcused ATED’s and to work toward identifying and addressing cases of educational neglect.

Excused and Unexcused Absences NOTE: The Commissioner’s regulations require that the school board determine which absences, tardiness and early dismissals will be excused and which will not be excused. The listing below may be modified to reflect your district’s practices. One way districts can improve retention of homeless students due to absences is to permit absence due to homelessness. In this way, any penalties that would accrue for unexcused absences would not be imposed for absences due to homelessness. It would be up to school administrators to determine the validity of this excuse, as they must do for any other type of excuse.


NYSSBA Sample Policy 5100 However, rather than including homelessness as a blanket excusal, we suggest explicitly including circumstances related to homelessness that could be approved by the building administrator. If the district does not include absences due to homelessness in its list of excused absences, then care must be taken throughout the rest of the policy to exempt homeless students from negative consequences of unexcused absences. Excused ATEDs are defined as absences, tardiness, and early departures from class or school due to personal illness, illness or death in the family, impassable roads or weather, religious observance, quarantine, required court appearances, attendance at health clinics, approved college visits, approved cooperative work programs, military obligations, or such other reasons as may be approved by the appropriate building administrator (including, but not limited to, absences due to circumstances related to homelessness). NOTE: If your district has a strong military presence among students and their families, the Board may wish to consider adding the following language to the paragraph above. The items in bold, including the number of days permitted, can be determined by the Board. “Students whose parent or legal guardian has been called for military deployment, is on leave from, or is returning from a combat zone or combat support may be excused an additional five [5] days, but work must be made up according to the rules applicable to other excused absences. Parents must notify the [Building Principal] no less than three [3] days before the intended absences and each case will be approved on a case by case basis by the [Building Principal].” All other ATEDs are considered unexcused absences. NOTE: Although not specifically required by federal law, homeless liaisons must ensure that homeless unaccompanied youth (i.e., a homeless child not in the physical custody of a parent or guardian) have opportunities to meet the state’s academic standards, and that all homeless children have a full and equal opportunity to succeed in school. Therefore, we suggest that the homeless liaison assist with providing or obtaining absence documentation. All ATEDs must be accounted for. It is the parent’s responsibility to notify the school office within 24 hours of the ATED and to provide a written excuse upon the student’s return to school. For homeless students, the homeless liaison will assist the student in providing or obtaining documentation if needed. General Procedures/Data Collection NOTE: Attendance must be recorded at least once daily for students in grades K-8. If students are dismissed from school grounds during a lunch period, then attendance must be recorded a second time upon the student’s scheduled return.

For students in grades 9-12, attendance must be recorded during each period of instruction, except that it is not necessary to record attendance during each class if the student does not change classrooms. Where a secondary student does not change classrooms, attendance must be recorded as indicated for students in K-8, i.e., once or twice. • Attendance will be taken during each class period.


NYSSBA Sample Policy 5100

• At the conclusion of each class period or school day, all attendance information shall be compiled and provided to the designated staff member(s) responsible for attendance.

• The nature of an ATED shall be coded on a student’s record. • Student ATED data shall be available to and should be reviewed by the designated school

personnel in an expeditious manner. • Where additional information is received that requires corrections to be made to a

student’s attendance records, such correction will be made immediately. Notice of such a change will be sent to appropriate school personnel subject to applicable

confidentiality rules. • Attendance data will be analyzed periodically to identify patterns or trends in student

absences. If patterns emerge, district resources will be targeted to understand and eliminate barriers to attendance.

• Where consistent with other school practices, teachers and staff shall detain students in the hallways who are absent from a class period without excuse and refer the students to the Building Principal.

• Continuous monitoring will be conducted to identify students who are absent, tardy, or leave class or school early. A student will be considered chronically absent if they miss ten percent or more of the school year. Satisfactory attendance is missing five percent or less of school over the course of the year. If a pattern of ATED’s for an individual student is identified a designated staff person(s) will follow-up in accordance with this policy.

Attendance Incentives The district will design and implement systems to acknowledge a student’s efforts to maintain or improve school attendance. For example: • Monthly lottery drawings to award prizes for perfect or improved attendance. Three

prizes will be awarded each month at each grade level. Names of students with perfect attendance will be placed in the drawing by grade and three names will be drawn for the award of prizes each month, subject to parental consent and applicable confidentiality rules.

• An attendance honor roll shall be maintained and published monthly identifying those students with perfect attendance as well as those students whose attendance has improved significantly, subject to parental consent and applicable confidentiality rules.

• At the building and classroom levels, Building Principals and teachers are encouraged to schedule special events (quizzes, game days, debates, etc.) for days of chronically high absenteeism, like Mondays and Fridays.

• At the classroom levels, teachers are encouraged to assign special responsibilities (distribute and collect materials, lead groups, assist the teacher, etc.) to students who may need extra motivation to come to school.

Consequences of Excessive ATEDs



A designated staff member(s) will contact the student’s parents and the student’s

guidance counselor in the event that a student’s record reveals excessive ATED’s, excused and/or unexcused. Excessive ATED’s is defined as: (insert number of consecutive absences, and/or total absences, or tardies). Such staff member(s) shall remind parents of the attendance policy, explain the ramifications of excessive ATEDs, stress the importance of class attendance and discuss appropriate intervention strategies to correct the situation. Students identified as chronically absent will be considered for a mentor program.

NOTE: Under ESSA, the State must develop a plan to ensure that homeless students do not face barriers to accessing extracurricular activities. While we do not yet know what New York State’s plan will be, we have suggested text below as measures the district can take to retain homeless students in school. Even where a homeless student’s absence is not directly due to their homelessness, it may be good practice to keep homeless students engaged in school, and not deny privileges.

Unexcused ATEDs may result in disciplinary action consistent with the district’s code of conduct. Those penalties may include, for example, detention or denial of the privilege of participating in or attending extracurricular events. However, absences related to homelessness shall not result in negative consequences where the district determines that it would be in the best interests of the student in retaining the student in school.

NOTE: The following paragraph is intended to put a mechanism in place for identifying educational neglect. If there is a particular staff member designated in the district for this purpose, or a particular process, please modify the paragraph accordingly. In addition, the designated staff member will contact local Child Protective Services (CPS) if they suspect that the child is being educationally neglected. The designated staff member will provide CPS with the information necessary to initiate a report. If other staff members suspect education neglect, they must follow the procedures outlined in Board policy and regulation 5460, Child Abuse in a Domestic Setting, and advise the [insert appropriate title, e.g.: district attendance monitor]. Attendance/Grade Policy The Board of Education recognizes an important relationship between class attendance and student performance. Consequently, each marking period a student’s final grade may be based on classroom participation as well as student performance on homework, tests, papers, projects, etc.

Students are expected to attend all scheduled classes. Consistent with the importance of classroom participation, unexcused ATEDs will affect a student’s class participation grade for the marking period. NOTE: The Board has the option of whether or not to adopt a minimum attendance requirement for course credit. If it does, the Board may also choose to distinguish between excused and unexcused ATEDs when counting ATEDs toward that minimum standard, as long as a student



with an excused ATED completes any assigned make-up work. Such requirements are usually applied only at the high school level. The one set forth below is illustrative and the Board may eliminate it or amend it as deems necessary. If the Board wants to adopt a minimum standard of attendance for course credit, it can designate the maximum number of ATEDs a student can accumulate and still receive course credit. The Board can also set forth specifically how tardiness and early departure add up for purposes of determining attendance for course credit.

At the high school level, any student with more than nine unexcused ATEDs for one-half year or 18 unexcused ATEDs for a full year will not receive credit for that course. However, students with properly excused ATEDs may make up the work for each ATED, and those ATEDs will not count toward the minimum attendance standard.

To ensure that parents and students are aware of the implications of this minimum attendance requirement, the teacher or other designated staff member(s) will advise the student and contact the parent(s) by telephone and mail at appropriate intervals prior to the student reaching nine or 18 unexcused ATEDs. In implementing the policy set forth above, students who are unable to attend school or a class on a given day due to their participation in a school-sponsored activity (i.e., music lessons, field trips), may arrange with their teachers to make up any work missed. This also applies to any student who is absent, tardy or leaves early from school or a class due to illness or any other excused reason.

All students with an excused ATED are expected upon their return to consult with their teachers regarding missed work.

Only those students with excused ATEDs will be given the opportunity to make up a test or other missed work and/or turn in a late assignment for inclusion in their final grade. Make up opportunities must be completed by a date specified by the student’s teacher for the class in question. Annual Review NOTE: The requirement for annual review is written as it is set forth in Commissioner’s regulations.

The Board shall annually review building-level student attendance records and, if such records show a decline in student attendance, the Board shall revise this comprehensive attendance policy and make any revisions to the plan it deems necessary to improve student attendance. NOTE: We have added appropriate cross-referenced policies and legal citations below. Cross ref: 4710, Grading Systems 5151, Homeless Children 5300, Code of Conduct 5460, Child Abuse in a Domestic Setting Ref: 42 USC §11432(g)(1)(I) (McKinney-Vento Homeless Assistance Act) Education Law §§1709; 3024; 3025; 3202; 3205-3213; 3225 8 NYCRR §§104.1; 175.6 Social Service Law §34-a Adoption date:



( ) Required ( ) Local (X) Notice

VIOLENT AND DISRUPTIVE INCIDENT REPORTING

NOTE: Section 100.2 (gg)(6) of Commissioner’s Regulations requires the Board to establish local procedures for reporting violent and disruptive incidents by each building or program under its jurisdiction. This policy is designed to satisfy that regulatory responsibility. The policy has been updated to reflect changes in guidance from SED regarding records retention.

The Board of Education is committed to promoting and maintaining the safety of all students, staff and visitors to the schools. Consistent with this commitment and in accordance with state law and regulation, the district shall submit an annual report to the Commissioner of Education regarding violent and disruptive incidents. In addition, the Board shall use this data to assess the safety of its schools and, where appropriate, identify and take steps to improve the safety and security of its students, staff and visitors. NOTE: The last sentence in the paragraph above is optional. Reporting Requirement NOTE: The regulations do not state who is responsible for preparing and submitting the report. The regulations state only that the report needs to be filed with the Commissioner on or before the basic educational data system (BEDS) reporting deadline or such other date determined by the Commissioner. The Board will want to work with the Superintendent and the district’s other administrators to identify who will be responsible for preparing the report and to develop an internal schedule for doing so. The sample policy, as drafted, states that Building Principals will prepare reports on a “regular” basis. The Board may wish to assign this responsibility to others and may wish to insert a more specific timeframe, such as monthly, bimonthly, or per semester. Each Building Principal shall be responsible for preparing on regular basis a report of all the violent and disruptive incidents that have occurred on school grounds, at a school function, or at a school-sponsored event and forwarding the report to the Superintendent of Schools. The Superintendent or designee shall be responsible for compiling the reports received from the Building Principals into the annual report and submitting the report to the Commissioner. The summary report shall contain all the information required by law and shall be filed with the Commissioner on or before a date set by the Commissioner. The Superintendent shall also present this summary report to the Board at its first meeting following the filing of the report with the Commissioner.

The district is responsible for assuring that copies of each VADIR report, both individual

and summary reports, are retained until the youngest person involved in a reported incident is 27 years old.



NOTE: If a school has been identified as “persistently dangerous” records may have to be retained permanently. SED recommends that the district contact the State Archives for advice. Confidentiality Any violent or disruptive incident report prepared in accordance with law shall be available for inspection by the State Education Department upon request. All names and other personally identifiable information included in any report shall be confidential and shall not be disclosed to any person for use by any person for purposes other than the reporting purposes in Education Law §2802, except as otherwise authorized by law. NOTE: The confidentiality requirement comes from section 100.2(gg)(7) of the Commissioner’s regulations. Ref: Education Law §2802 (Uniform Violent Incident Reporting System) 8 NYCRR 100.2 (gg) (Uniform Violent Incident Reporting System)

8 NYCRR 185.11 (Appendix I) (Records Retention and Disposition Schedule ED-1) Adoption date:

eastport-south manor central school district …...dec 11, 2019 · student ambassadors megan...

Documents