ADMINISTRATIVE
AND SUPPORT SERVICES
BRUNSWICK
C.S.D. POLICY
9.100-01
The
Brunswick Central School District Board of Education establishes that it shall
be the role and responsibility of the School Business Administrator, in
reporting to the Superintendent of Schools, to:
1.
oversee and supervise
all matters pertaining to development, operation, maintenance, and disposition
of school properties;
2.
assure the legal and
economical purchase such materials, supplies, and equipment as may be needed
for the effective and efficient operations of the District's programs,
activities, support services, and offices;
3.
oversee and supervise
the District's financial accounting, auditing, analysis, planning, and
reporting;
4.
see to the retention and
preservation of all District business and financial records, including
contracts, according to legal requirements for record retention;
5.
prepare such reports on
the District's fiscal matters as may be required by the Board of Education or
the Superintendent; and
6.
manage such other
business and financial matters as may be required for the effective and
efficient operation of the District.
The
School Business Administrator shall be bonded in such amount as shall be deemed
necessary by the Board of Education.
The
School Business Administrator shall have such credentials for the position as
may be required by law or the Commissioner's Regulations.
References
8
NYCRR 80
BRUNSWICK C.S.D. POLICY
9.110-01
The
Brunswick Central School District Board of Education recognizes its obligation
to provide an educational and work environment that is reasonably secure from
known hazards. The Board therefore
establishes it to be the responsibility of the Superintendent of Schools, and
also all professional and support staff of the Brunswick Central School
District, to comply fully with occupational safety and health regulations,
including the Hazard Communication Standard and "Right to Know"
legislation.
The
Superintendent shall direct appropriate personnel of the District to develop
and oversee a written hazard communication program. This program shall include the following:
1. the acquisition, maintenance, and review of Material
Data Safety Sheets (MSDSs) for all known hazardous materials on district
property;
2. the compilation of a hazardous materials inventory;
3. employee training in hazardous materials management
and protection; and
4. the recording of all incidents of exposure to known
hazardous materials.
The
District shall comply with the requirements for visual notification of
pesticide spraying asset forth in the Environmental Conservation Law.
Every
member of the Brunswick Central School District community bears the
responsibility of reporting any unsafe building or equipment conditions to the
main office as soon as possible. In
addition, designated administrators shall provide notice of hazardous materials
to current and former employees within seventy-two (72) hours of a request.
Any
student who observes another student acting in an unsafe manner is expected to
report the unsafe behavior to the nearest available staff member.
References
29
CFR 1910.1200
40
CFR 763.95
12
NYCRR 800, 801.3
Public
Health Law Art. 48
Labor
Law Sec. 876
Environmental
Conservation Law Sec. 33-0101
State
v. GTE Valeron Corp., 155 AD2d 166
(1990)
BRUNSWICK C.S.D. POLICY
9.120-01
The
Brunswick Central School District Board of Education is cognizant of the
importance of protecting the health and safety of students and staff, as well
as of ensuring the security and safety of school property. The Board therefore recognizes that an
emergency management plan for the District must be developed and practiced.
Pursuant
to this concern by the Board, and in accordance with regulations of the
Commissioner of Education, the Superintendent of Schools shall develop an
emergency plan for each school and for the school district, and also shall
ensure that sufficient training in execution of the plan takes place to make it
effective.
The
District's emergency plan shall provide for sheltering, evacuation, early
dismissal, written notification to students and staff, and annual drill and
coordination with local and county emergency and preparedness
administrators. The Superintendent
shall establish and Emergency Planning Committee, whose responsibility it shall
be to oversee the emergency management plan.
The Brunswick Central School District's Emergency Coordinator shall be
the Superintendent, who shall also chair the Emergency Planning Committee.
The
Superintendent shall present the District's emergency management plan to the
Board for approval prior to its implementation. The plan shall be reviewed annually, and shall be modified by the
Board, as needed, by no later than October 1 of each year.
The
chief executive officer of each educational agency located within the Brunswick
Central School District Board shall have the responsibility of providing the
Superintendent with information about school population, number of staff,
transportation needs, and the business and home telephone numbers of the
agency's key officials.
The
Superintendent shall ensure that copies of the plan are available for public
inspection and that there are copies of the plan in appropriate locations
throughout the school district.
The
Superintendent shall notify the District (i.e., BOCES) Superintendent of the
Rensselaer, Columbia, and Greene Counties Sole Supervisory District whenever
the emergency plan is activated and results in the closing of a school building
in the District.
References
Education
Law Sec. 3623(2)
Executive
Law, Art. 2B
8
NYCRR 155.3; 155.4; 155.13
BRUNSWICK C.S.D. POLICY
9.130-01
The
Brunswick Central School District Board of Education is concerned that the
buildings and other facilities owned, leased, or held for future use by the
District be kept secure, and also that their use for intended purposes not be
unduly burdened by security procedures.
The Board therefore establishes that its buildings and other facilities
shall be maintained securely, but that the school community and the public,
where applicable, have reasonable and appropriate access to such buildings and
facilities.
The
Superintendent of Schools shall develop and disseminate rules and procedures
that will implement this policy.
References
Education
Law Sec. 414; 1604(5); 1709(22)
Penal
Law Secs. 140.10; 240.35
Policy
1240, Visitors to Schools
BRUNSWICK C.S.D. POLICY
9.130-01R
1.
Issuance of Keys
A.
The Superintendent of
Buildings and Grounds shall issue master keys to:
I.
central office staff who
are designated by the Superintendent of Schools;
II.
building principals; and
III.
head building
custodians.
B.
The principal of each
school building shall be responsible
for issuing keys to members of his staff (e.g., teachers; secretaries)
according to the following procedure:
I.
keys shall be numbered,
and upon receiving a key each employee shall sign a key register;
II.
keys shall be collected
from all staff members at the end of the school year; and
III.
employees whose job
responsibilities require them to have a master key (e.g., coaches, assistant
principals, building a-v), either interior or exterior, shall apply to the
building principal for such a key. The
key is to be returned at the end of the year or season, as relates to the
nature of the employee's need. A record
of the issuance of a master key under these circumstances shall be sent to the
Superintendent of Buildings and Grounds.
C.
The Head Building
Custodian shall be responsible for issuing keys to her/his staff members. She/he shall follow the same procedures as
the building principal (see 1.B, above), and shall use the same key register.
2.
Security of Keys
A.
All staff members who
are issued keys, with the exception of those enumerated in 1.B.iii, above,
shall, before leaving the building each night, turn in any and keys they have
been issued. It shall be the
responsibility of the building principal to see to the enforcement of this
requirement.
B.
All custodial staff,
with the exception of the head custodian, shall each night turn in any and keys
they have been issued:
I.
to the Head Night
Custodian, in any building in which there is such an employee, who shall be
responsible for the enforcement of this regulation; or
II.
to the key box, in the
case of elementary personnel.
C.
Any staff member who
loses a key she/he has been issued under these regulations shall immediately
report such loss to the building principal or, in the case of custodial staff,
to the Head Custodian.
3.
Duplication of Keys
A.
Each key that is the
property of the Brunswick Central School District shall be inscribed "NOT
TO BE DUPLICATED." No key may be
duplicated under any circumstances except with the prior written permission of
the Superintendent of Buildings and Grounds.
B.
Duplicate keys shall,
upon being made, be numbered; shall be signed for whenever used; and shall be
entered in the key register.
C.
Any person who
duplicates without proper written authorization a key that is the property of
the District shall be prosecuted according to law.
D.
Any person who is issued
a key by the District shall at the time of issue be provided with a copy of
these regulations.
4.
Caretaker of School
Property
The
Caretaker of School Property shall safeguard the buildings, facilities, and
other real property of the District at times other than normal school hours.
The
Caretaker shall observe the following rules and procedures in fulfilling
her/his responsibilities.
A.
The Caretaker shall
responsibility for general supervision of school buildings, grounds, and
facilities after normal school hours, during vacation periods, and on holidays
and weekends. Such general supervision
shall include:
I.
Seeing to the
enforcement of District policies and regulations related to the use of school
grounds (e.g., use of alcoholic beverages; unauthorized vehicles);
II.
Monitoring the
activities of children who may be expected to use the District's facilities at
times other school hours, and exercising appropriate judgment in dealing with
these children; and
III.
Acting in behalf of the
District in matters that may involve its grounds and facilities.
B.
The Caretaker shall
maintain a daily log of her/his activities and of conditions on school
property. The log will be submitted on
a weekly basis to the Superintendent of Buildings and Grounds.
C.
The Caretaker shall keep
firearms neither on her/his person nor her/his premises, except as expressly
authorized in writing by the Superintendent of Buildings and Grounds.
D.
In the event of a
confrontation with any person or persons, the Caretaker shall refrain from
aggressive action, and shall report the matter to law enforcement authorities
without delay. A record of all such
incidents shall be submitted to the Superintendent of Buildings and Grounds,
and also to the administrator of the building or facility at which the
confrontation occurred, within twelve (12) hours of its occurrence.
E.
In the event that the
Caretaker observes or discovers any condition that is unsafe (e.g., broken
glass in a playing field, broken playground equipment), she/he shall promptly
report that condition to the Superintendent of Buildings and Grounds by
telephone or in person, and shall record the discovery of the condition and
her/his report thereof in the Caretaker's daily log.
F. In the event that the Caretaker discovers evidence of, or observes directly, a forced entry into any District facility, she/he shall report such discovery or observation without delay to law enforcement authorities and to the Superintendent of Buildings and Grounds.
BRUNSWICK C.S.D. POLICY
9.140-01
UNAUTHORIZED ENTRY TO SCHOOL DISTRICT
PROPERTY
1.
The Brunswick Central
School District Board of Education establishes that no person shall enter any
school building, facility, grounds, or other property in violations of policies
of regulations established by the Board.
2.
No person, either singly
or in concert with others, shall:
A.
Enter or remain in,
without permission, either express or implied, any administrative office,
faculty office, or other restricted area;
B.
Enter or remain in any
building or facility for any purpose other than its authorized use, or use said
building or facility in such a manner as to prevent or obstruct its authorized
use by others.
C.
Remain in any building
or facility after it is normally closed without proper permission; or
D.
Refuse to leave any
school or facility after being requested to do so by any duly authorized
official.
3.
Unauthorized entry to
any building, facility, grounds, or other property of the District shall
constitute a violation of these rules.
Reference
Penal
Law Secs. 140.10; 240.35
Policy
1500, Use of School Facilities
Policy
8210, Building Security
BRUNSWICK C.S.D. POLICY
9.150-01
DEFACEMENT, DESTRUCTION, OR THEFT OF SCHOOL PROPERTY
The
Brunswick Central School District Board of Education recognizes that the
defacement, destruction, or theft of school property, known also as vandalism,
has the effect not only of causing the community's scarce resources to be
depleted on otherwise unnecessary repair or replacement of school property, but
also of adversely affecting the morale of the students, the faculty, and the
support staff of the District.
The
Board therefore establishes that the willful defacement, destruction, or theft
of school property by any party is strictly prohibited. Such acts shall be deemed a violation of
Board policy and, when perpetrated by a student, shall constitute a serious
violation of the student discipline code.
The
Board recognizes that the laws of New York State make those responsible for the
control and discipline of minors sometimes liable for any damages due to the
malicious, willful, or wanton acts of those in their charge. The Board therefore establishes that it may,
at its discretion, institute legal proceedings against a perpetrator of such
acts, or against the perpetrator's parent or legal guardian, for any and all
repair costs due to the perpetrator's vandalism.
The
Superintendent of Schools, in furtherance of the intent of this policy, shall:
1.
instruct all District
staff and students to report any incidents of vandalism of school property of
which they become aware, and to report, if known, the name(s) of whoever is
responsible;
2.
promptly report such
incidents to the Board, the school district's attorney, and law enforcement
authorities; and
3.
with the prior authorization
of the Board, offer a reward for information leading to the arrest and
conviction of vandals and thieves of school property.
References
Education
Law 1604(35), (38); 1709(36), (38)
Family
Court Act Secs. 757; 758-a
Gen'l
Obligations Law 3 - 112
Gen'l
Municipal Law Sec. 789
BRUNSWICK C.S.D. POLICY
9.160-02
The Brunswick Central School District Board of Education recognizes that certain provisions of the Vehicle and Traffic Laws of New York State that authorize boards of education to regulate the flow of traffic on school property and to establish rules for the safe operation and parking of motor vehicles there. The Board therefore hereby establishes that no person, firm or corporation shall be allowed to operate, drive or ride an unauthorized automobile, truck, or other motor vehicle on school property or grounds. For purposes of this policy and its enforcement, "school property" shall be understood to comprise any real property owned and used, or owned and held for future use, or leased by the District for educational, athletic, recreational, or school support purposes.
1. Operation of all authorized motor vehicles shall be permitted only upon improved roads, driveways, and parking areas. Driving or parking on sidewalks, lawns, or athletic fields, or areas held for such purposes, is expressly prohibited.
2. Unauthorized vehicle shall hereby be defined, for purposes of this policy, to mean those vehicles going on school grounds without permission of the District Board of Education or its administration.
3. The list of unauthorized vehicles shall include but not limit to minibikes, snowmobiles, go carts and all terrain. These vehicles are prohibited on school grounds.
4. The maximum rate of speed permitted on school property shall be ten (10) miles per hour and will be posted accordingly.
5. No vehicle shall park on school property except in a designated parking area. When individual parking areas are designated by signs, barriers, or pavement markings, vehicles shall be placed and left in position to conform with such signs, barriers, or pavement markings.
6. Where "Entrance" or "Exit" or “One Way” signs have been posted or placed at access points on public highways or thoroughfares, the direction of traffic on school property shall conform thereto. A full stop shall be required before entering any public highway or thoroughfare.
7. No unauthorized vehicle shall at any time be driven on any tennis court, basketball court, athletic fields or track, lawn, woodland, or any other area of school property or premises that is not designed or authorized for vehicular traffic.
8. A violation of any of the foregoing rules may constitute a traffic violation, and shall result in immediate revoking of authorization to drive on school property. Further it may subject a person convicted thereof to a punishment by fine, imprisonment, or both.
9. Any peace officer shall have the right and authority to enforce the foregoing rules, and any and all persons charged with the violation thereof shall be dealt with in accordance with the provisions of the Vehicle and Traffic Law of New York State and other applicable laws.
References
Education Law Secs. 806; 806-a
Vehicle and Traffic Law Secs. 1174; 1670
Gen'l Municipal Law Sec. 208-a
8 NYCRR 107.1
First Reading 8/15/02
Adopted 8/29/02
BRUNSWICK
C.S.D. POLICY
9.170-02
The Brunswick Central School District Board of Education, cognizant of the importance of a safe system for transporting its students, hereby establishes the following rules and requirements for the employment and training of bus drivers.
1. Only persons who have the appropriate license for the vehicle to be operated, and who have complied with the Regulations of the Commissioners of Transportation, Motor vehicles, and Education, may drive pupils to and from home on regularly scheduled routes. No other person may operate a school bus on a scheduled route for the purpose of transporting pupils to and from home.
2. No person shall be permitted to operate a school bus without first completing all her/his training under the direct supervision of a New York State Education Department (SED)-approved school bus driving instructor. While a trainee is engaged in pre-service training, which shall take place prior to her/his transporting children, no direct supervision by the District is required; nevertheless, all training must be approved by an SED-approved instructor.
3. No one except a person trained according to the protocol cited in no. 2, above, shall drive any District vehicle having a capacity of greater than 15 passengers. School vehicles having a capacity of 15 or fewer passengers may be driven by individuals by SED-certified members of the instructional staff, as well as bus drivers. The former, however, may not drive on regularly scheduled routes. SED-certified staff member transporting students in school- owned vehicles must also comply with requirements of the Commissioners of Motor Vehicles. Transportation, and Education.
4. All school bus drivers shall possess the appropriate Commercial Drivers License (CDL) needed in New York State to operate a school bus. A volunteer bus driver, who shall be defined as an individual who operates a bus designed to carry no more than 14 passengers and drives fewer than thirty (30) days per year, shall be exempt from the CDL requirement. No volunteer bus driver shall drive a regularly scheduled route.
5. Upon an individual's completion of the established training procedures, the District shall verify compliance with the direct supervision requirement through use of its record keeping system.
6. The Board recognizes the importance to student safety and an environment conducive to learning of the quality of the interaction between pupils and bus drivers. Consequently, the Board directs the Superintendent of Schools to ensure that opportunities for in-service training programs in the areas of child abuse and neglect danger signs be made available to bus drivers.
7. When the Superintendent of Schools or the physician who is conducting bus driver physical examinations pursuant to Part 156 of the Commissioner's Regulations requires, a bus driver shall undergo any diagnostic tests and physical performance tests that are necessary to determine whether the driver has the physical and mental ability to operate safely a school transportation conveyance and to satisfactorily perform the other responsibilities of a school bus driver. Any tests that may be required under this provision shall be conducted and reported as required by the Commissioner's Regulations. The Superintendent may require a driver to undergo such diagnostic or physical performance tests when, in her/his judgment, such testing is warranted by articulable concerns about the driver's physical and mental ability to operate safely a school transportation conveyance and to satisfactorily perform the other responsibilities of a school bus driver.
The report of the physician in writing and the results of any prescribed performance test shall be considered by the Superintendent in determining the fitness of the driver to operate or continue to operate any transportation conveyance used by pupils.
References
Education Law Secs. 3602(7); 3624
Vehicle & Traffic Law Art. 19-A
8 NYCRR Pt. 156
15 NYCRR Pt. 6
First Reading 8/15/02
Adopted 8/29/02
BRUNSWICK C.S.D. POLICY
9.180-02
TRANSPORTATION EMPLOYEES
In recognition of the need to protect students, staff, and the community from the operation of the District's school buses and other large motor vehicles by those impaired by the use of alcohol or drugs, and pursuant to the requirements of federal law and regulations as set forth in 49 CFR Part 382, the Brunswick Central School District Board of Education hereby adopts the following rules, requirements, and restrictions, and establishes them as Board policy.
1. PROHIBITIONS
It shall be strictly prohibited for:
A. any person who operates a commercial motor vehicle for the District, either as a District employee or otherwise, to violate any prohibition or requirement regarding the use of, being under the influence of, or being tested for use of, alcohol or controlled substances that is described in 49 CFR Part 382; and
B. the District, with actual knowledge, to permit a driver to drive or continue to drive a commercial motor vehicle, or to perform any safety-sensitive function, under any condition that is described as prohibited for such operation in 49 CFR Part 382.
For purposes of this policy, "safety-sensitive function" shall be understood as any function enumerated at 49 CFR 395.2(1)-(7); "performing" a safety-sensitive function shall be understood as that term is defined at 49 CFR 382.107; and "driver" shall mean, pursuant to 49 CFR 382.107, any person who operates a commercial motor vehicle.
2. EMPLOYEE NOTICE OF THERAPEUTIC DRUG USE REQUIRED
It shall be the responsibility of any driver under the care of a physician who has prescribed the therapeutic use of any controlled substance or other drug, or who otherwise uses any drug for any therapeutic purpose, to notify her/his immediate supervisor immediately of such use.
3. EDUCATION OF DRIVERS
Prior to the start of any alcohol or controlled substance testing of drivers that may be required by federal regulations, the District shall provide each driver with educational materials explaining the requirements of such regulations, as well as a copy of this policy, and shall provide written notice of the availability of these materials to the bargaining agent, if any, for those drivers. The content of the educational materials shall conform to the requirements of applicable federal regulations. The District shall also provide training to the drivers on the requirements of this policy and the applicable federal regulations.
4. DISCIPLINARY AND OTHER CONSEQUENCES OF VIOLATION OF THIS POLICY
A. Each driver who has engaged in conduct prohibited by this policy shall be advised by the District of the resources available to that driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, in the manner required by applicable federal regulations; and shall be provided with such other assistance as may be required by said regulations.
B. Each driver who has engaged in conduct prohibited by this policy shall be disciplined by dismissal from her/his position, or by such other penalty or means as shall be imposed through requisite due process of law.
5. TESTING AND RECORDS MANAGEMENT
A. The District shall perform or cause to be performed all alcohol and controlled substance testing, including pre-employment testing, post-accident testing, random testing, reasonable suspicion testing, return-to-duty testing, and follow-up testing, that is required by applicable federal regulations.
B. The District shall comply or cause there to be compliance with all procedures attendant to the conduct of such testing, including protocols for the handling and analysis of samples, designation of a medical review officer, referral of results thereto, and employee notice of results, that are required by applicable federal regulations.
C. The District shall seek to acquire such records from prior employers of driver job applicants, shall maintain such testing and procedural compliance records, and shall follow such reporting and records management requirements, as are required by applicable federal regulations. The District shall secure releases related to prior alcohol or drug testing that are signed by the applicant, and shall provide said releases to prior employers.
D. All employee test result records created in compliance with this policy and applicable federal regulations shall be treated as private medical records.
6. CONDITIONALITY OF ASSIGNMENTS AND APPOINTMENTS
A. Except as may be otherwise permitted or required by law or regulation, the District shall not permit a driver to perform safety-sensitive functions after 14 days without the District's having obtained required alcohol and controlled substances test information from the driver's previous employers.
B. Any appointment of any individual made by the Board to the position of driver shall be conditional upon that individual's satisfactory completion of all testing required by applicable federal regulations.
7. CONTRACTOR'S COMPLIANCE
Any person, company, corporation, or other entity that seeks to enter into a contract for the provision of transportation services to the Brunswick Central School District shall, as a condition precedent to any agreement's being deemed in effect, provide the District with written assurance, signed by the prospective contractor's duly authorized agent, of its full compliance with all obligations, responsibilities, duties, and prohibitions regarding use by drivers of alcohol or drugs, as established by relevant law and regulation; and such contractor shall ensure full compliance with all assurances so provided.
8. ADMINISTRATIVE REGULATIONS AUTHORIZED
The Superintendent of Schools shall develop and disseminate such rules and procedures as are required to implement this policy and applicable federal regulations.
9. EFFECTIVE DATE
The District shall implement all alcohol and controlled substance testing rules and other requirements contained herein by no later than January 1, 1995 if 50 or more drivers were employed as of 3/17/94; otherwise, January 1, 1996.
References
49 CFR Pt. 382
First Reading 8/15/02
Adopted 8/29/02
BRUNSWICK C.S.D. POLICY 9.180-02R
ALCOHOL AND DRUG TESTING FOR CERTAIN
TRANSPORTATION EMPLOYEES
1. PURPOSE
The U.S. Department of Transportation (hereinafter referred to as the "DOT") has issued regulations (49 CFR parts 40, 382, 391, 392 and 395) (hereinafter referred to as the "Regulations") pursuant to the Omnibus Transportation Employee Testing Act of 1991 (P.L. 102-143) (hereinafter referred to as the "Omnibus Act") which govern the use of drugs and alcohol by commercial motor vehicle drivers, and which require the Brunswick Central School District (hereinafter referred to as the "District") to conduct mandatory drug and alcohol testing of covered drivers at the times and under the conditions described in this Administrative Regulation. The Regulations require testing to begin on January 1, 1995.
2. APPLICABILITY
A. Under the District's Policy drug and alcohol testing will be conducted on any current and/or prospective "driver" who may be required to operate a "commercial motor vehicle" (as these terms are defined in this Administrative Regulation). The District will also obtain assurance once every six months from its independent contractors that provide covered drivers for district work, that such drivers are participating in an alcohol and drug testing program consistent with the Regulations.
B. All applications for positions with the District as a driver of a commercial motor vehicle (regardless of whether they are new applicants or transfers) will be notified of the District's drug and alcohol use and testing policy at the time they apply for a covered driver position with the District and that any offer of employment as such a driver will be conditioned on compliance therewith.
3. DEFINITIONS
A. Accident means any occurrence involving a commercial motor vehicle operating on a public road which results in:
1. a fatality; or
2. the driver being cited for a moving traffic violation, and (a) person is injured because of the accident and the injuries required immediate treatment of the person away from the accident scene; or (b) one or more motor vehicles involved in the accident incurred disabling damage and must be transported away from the accident scene by a tow truck or another vehicle.
B. Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
C. Alcohol concentration (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under the District's Policy and Administrative Regulation as described herein.
D. Alcohol use means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.
E. Commercial motor vehicle means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle:
1. Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit which a gross vehicle weight rating of more than 10,000 pounds; or
2. Has a gross vehicle weight rating of 26,001 or more pounds; or
3. Is designed to transport 16 or more passengers, including the driver; or
4. Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).
F. Confirmation test for alcohol testing means a second test, following a screening test with a result of 0.02 or greater, that provides quantitative data of alcohol concentration. For controlled substances testing means a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. (Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines and phencyclidine.)
G. Controlled Substance means:
1. Any substance listed on Schedule I of Appendix D to Subchapter B of Title 49 of the code of Federal Regulations or other substance identified in Scheduled I;
2. an amphetamine or any formulation thereof (including, but not limited to "pep pills" and "bennies");
3. a narcotic drug or any derivative thereof; or
4. any other substance, to a degree which renders the driver incapable of safely operating a motor vehicle.
H. DHHS. The Department of Health and Human Services or any designee of the Secretary of the Department of Health and Human Services.
I. Driver means any employee who operates a commercial motor vehicle. This includes, but is not limited to full-time, regularly employed drivers and casual, intermittent or occasional drivers who operate a commercial motor vehicle at the direction of or with the consent of the District. For the purposes of pre-employment/pre-duty testing only, the term driver includes a person applying to the District to drive a commercial motor vehicle.
J. Medical Review Officer (MRO). A licensed physician responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and other relevant bio-medical information.
K. On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. On-duty time shall also include all time spent traveling to and participating in either a drug or alcohol test when it is pursuant to a random, reasonable suspicion, post-accident or follow-up test as directed by or on behalf of the District.
L. Performing a safety -sensitive function. A driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, reading to perform, or immediately available to perform any safety-sensitive functions.
M. Refuse to submit (to an alcohol or controlled substances test) means that a driver (1) fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of the District's Policy and Administrative Regulation, (2) fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing in accordance with the provisions of the District's Policy and Administrative Regulation, or (3) engages in conduct that clearly obstructs the testing process.
N. Safety-sensitive function include:
1. All time at or on District property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the District;
2. All time inspecting equipment as required by 49 CFR Sections 392.7 and 392.8 or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;
3. All time spent driving a commercial motor vehicle;
4. All time, other than driving time, in or upon any commercial motor vehicle;
5. All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle;
6. All time spent performing the driver requirements of 49 CFR Sections 392.40 and 392.41 relating to accidents; and
7. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
O. Screening test (also know as initial test). In alcohol testing, it means an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system. In controlled substance testing, it means an immunoassay screen to elimination "negative" urine specimens from further consideration.
P. Substance abuse professional (SAP) means a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge and/or clinical experience in the diagnosis and treatment of alcohol and controlled substances- related disorders.
4. PROHIBITED ACTIVITIES
1. reporting for duty or remaining on duty requiring the performance of safety-sensitive functions while the driver has an alcohol concentration of 0.04 or greater.
2. possession of any amount of alcohol (including alcohol found in medications, food, or other alcohol-containing products) while on duty or operating a commercial motor vehicle, unless the alcohol is manifested and transported as part of a shipment;
3. using alcohol at any time while performing any safety-sensitive function;
4. using alcohol within four (4) hours prior to performing any safety-sensitive function;
5. using alcohol for (8) hours following an accident (as defined in this Administrative Regulation) or until he/she undergoes a post-accident alcohol test, whichever occurs first;
6. refusing to submit to an alcohol or controlled substances test (as defined in this Administration Regulation);
7. reporting for duty, remaining on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substances, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safety operate a commercial motor vehicle;
8. failing to inform the District that he/she is using any therapeutic drug; and
9. reporting for duty, remaining on duty or performing safety-sensitive functions when the driver tests positive for controlled substances.
5. REQUIRED TESTING
A. The District is required by DOT to conduct tests under the following conditions or times: (i) before a driver-applicant is hired or an existing employee seeking to become a driver performs safety-sensitive functions ("pre-employment/pre-duty" testing) as described in 49 CFR Section 382.301; (ii) following certain accidents (post-accident testing) as described in 49 CFR Section 382,303; (iii) on a random basis as described in 49 CFR Section 382.305; (iv) for reasonable suspicion as described in 49 CFR Section 382.307; (v) return-to-duty testing after engaging in prohibited conduct as outlined in Section 4.1 of this Administrative Regulation as described in 49 CFR Section 392.309; and (vi) follow-up testing as described in 49 CFR Section 382.311 for individual in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances.
B. With respect to Section 5.1(i) above, any applicant for a covered driving position who refuses or fails to execute the acknowledgement that he/she has received and read the District's Drug and Alcohol Testing Educational Material, who refuses or fails to submit to a pre-employment/pre-duty drug and alcohol test as directed, or whose result is positive for either test, will not be considered eligible to work as a driver for the District. In addition, existing workers applying for drivers positions may be subject to discipline, up to and including discharge, in a manner consistent with the District's pre-existing policies, practices, and any applicable laws and the collective bargaining agreement.
6. METHODS OF TESTING
A. To ensure the integrity and accuracy of each test, all specimen collection, analysis, and laboratory procedures shall be conducted in accordance with DOT's procedural protocols and safeguards, as set forth in Part 40 of Title 49 of the code of Federal Regulations. This includes, among other things: (i) procedures to ensure the correct identity of each driver at the time of testing; (ii) a chain-of-custody procedure to ensure that the driver's specimen is not tampered with; (iii) the use of a trained breath alcohol technicians (BAT) and DOT approved testing devices for conducting alcohol tests; (iv) the use of a DHHS-certified laboratory; (v) the confirmation of an initial positive drug screen by a second analysis using as chromatography/mass spectrometry (GCMS); (vi) the confirmation of an initial positive alcohol screen by a second analysis; (vii) the District's appointment of a qualified Medical Review Officer (MRO) to review the drug test results before they are reported to the District's designated representative.
B. To further facilitate the integrity and accuracy of each test, the District will provide drivers with written and/or oral instructions regarding the conduct of the specific test before each testing event. The District considers all such instructions to be a part of the Districts Policy and the District's Administrative Regulation. Drivers who refuse or otherwise fail to comply with all such instructions will be subject to disciplinary action, up to and including discharge, in a manner consistent with the District's pre-existing policies, practices and any applicable laws and the collective bargaining agreement.
7. TEST RESULTS
A. For Drug Tests
1. Before a driver's test result will be confirmed positive for drugs, the driver will be given the opportunity to speak with the company's MRO and demonstrate that there was a legitimate medical explanation for the position test result. If the MRO determines that a legitimate medical reason does not exist, the test result will be reported to the District as "positive." If the MRO determines that a legitimate medical reason does exist, the test result will be reported to the District as a "confirmed positive."
2. In the event that the test result of a driver's primary specimen is confirmed positive, the driver will be notified by District and advised that he/she has 72 hours to request that the MRO send his/her secondary specimen to a second, DHHS-approved laboratory for analysis. Pending the outcome of this additional analysis, the driver will be prohibited from performing any safety-sensitive functions and, when appropriate, be given a temporary alternative assignment.
B. For Alcohol Tests
1. In the event that the driver provides an adequate breath specimen and the initial test registers an alcohol concentration level that is less than 0.02 or greater, a second, confirmatory test will be performed. In the event that the driver provides an adequate breath specimen and the confirmatory test registers less than 0.02, the test result will be reported to the District as "negative."
C. Any driver whose confirmatory test registers 0.02 or more, but less than 0.04 will be prohibited from performing any safety-sensitive function until the driver’s next regularly-scheduled duty period, but for no less than 24 hours after the test is given. Such a driver may also be subject to additional disciplinary action by the District, up to and including discharge, in a manner consistent with the District's pre-existing policies, practices, and any applicable laws and the collective bargaining agreement.
D. A driver who after providing an adequate breath specimen, as a confirmatory test which registers 0.04 or greater will, at a minimum be suspended from performing safety-sensitive functions until the requirement of 49 CFR Section 382.605 are met, and will be subject to additional disciplinary action by the District, up to and including discharge, in a manner consistent with the District's pre-existing policies, practices, and any applicable collective bargaining agreement.
8. CONSEQUENCES FOR ENGAGING IN PROHIBITED ACTIVITIES
A. Except as provided in Section 5.2 of this Administrative Regulation involving pre-employment testing of applicants, any driver engaging in conduct prohibited by Section 4.1 of this Administrative Regulation shall be prohibited from performing any safety-sensitive functions. In addition, such drivers will be evaluated by a disinterested SAP, who shall determine what assistance, if any, the driver needs in resolving problems associated with alcohol and/or controlled substance use.
B. Except as provided in Section 5.2 of this Administrative Regulation involving pre-employment/pre-duty testing of applicants, any driver engaging in conduct prohibited by Section 4.1 of this Administrative Regulation must satisfy any return-to-duty testing requirements and referral, evaluation and treatment program prescribed by a SA{P as outlined in 49 CFR part 382, sub part F, before he/she may be permitted to perform safety-sensitive functions.
C. Except as provided in Section 5.2 of this Administrative Regulation involving pre-employment/pre-duty testing of applicants, any driver engaging in conduct prohibited by Section 4.1 of this Administrative Regulation will be subject to disciplinary action by the District, up to and including discharge, in a manner consistent with the District's pre-existing policies, practices, and any applicable laws and the collective bargaining agreement. In addition, a driver whose test result is confirmed positive will also be subject to civil and criminal penalties imposed by DOT.
D. Each driver who is engaged in conduct prohibited by Section 4.1 shall be advised by the District of the resources available to the driver in evaluating and resolving problems with alcohol and controlled substance use, including the names, addresses, and telephone numbers of SAPs and counseling and treatment programs.
E. Appeal Procedure
1. Upon a positive alcohol test and/or controlled sub stance test, a driver may file an appeal with the District's Superintendent of Schools (or other District-designated hearing officer) by submitting written notice of the grounds for said appeal within five (5) days after the employee receives notice of the first test results.
2. Pending the resolution of the appeal, no disciplinary action shall be taken; provided, however, that DOT-mandated actions (e.g., removal from safety-sensitive functions) shall not be deemed to be "disciplinary action" within the meaning of this rule; provided further that this rule shall not require the District to hold disciplinary action in abeyance beyond any applicable statue of limitations, as set forth in the law or a collective bargaining agreement, unless the employee (and in the case of a collective bargaining agreement, his union) waive the said statue of limitations, in writing.
3. Following receipt of an employee's notice of appeal, the Superintendent shall offer the employee an opportunity to be heard regarding same. The employee may be accompanied by an attorney and/or majority union representative to this meeting. The said meeting is intended to be informal in nature, rather than a trial-like evidentiary hearing.
4. The Superintendent shall provide the employee and any representative who may appear on behalf with a written decision deciding the appeal. In deciding an appeal from a positive alcohol or controlled substance test result, the Superintendent shall take into account the original test result(s), any re-testing done by the employee at the employee's expense, and any other pertinent information that the employee or district may provide. In deciding an appeal from a positive controlled substance test result, the Superintendent shall also take into account the test results pertaining to the split sample.
9. DISTRICT AND M.R.O. COMMUNICATIONS
A. Drivers who are tested for drugs are required to contact the Transportation Supervisor daily while awaiting the results of their tests. Drivers are also required to advice the District of their whereabouts and the telephone number where they can be reached during this time.
B. A driver who refuses or fails to contact the District and the District's MRO will be considered insubordinate and subject to disciplinary action, up to and including discharge, in a manner consistent with the District's pre-existing policies, practices, and any applicable collective bargaining agreement. In addition, a driver who fails to contact the District and the District's MRO may waive his/her right, under this Administrative Regulation, to speak with the District's MRO before a test is confirmed positive.
10. INFORMATION ON DRUGS AND ALCOHOL
A. Each driver will be provided with the District's Drug and Alcohol Testing Educational Material and information concerning: (i) the effects of drugs and alcohol on an individual's health, work, and personal life; (ii) the signs and symptoms of a drug or alcohol problem; and (iii) the available methods of intervention and treatment when a problem does exist.
B. All questions concerning the educational materials provided by the District, or about the District's Policy or Administrative Regulation, should be directed to the appropriate person identified on the "Program Contacts" list, which accompanies this Administrative Regulation.
11. QUALITY ASSURANCE/QUALITY CONTROL
A. As provided in 49 CFR part 40, the District will submit three blind performance test specimens for each 100 employee specimens it submits, up to a maximum of 100 blind performance test specimens submitted per quarter. These specimens will be either blank samples (containing no drugs) or two separately labeled portions of a specimen from the same non-covered employee.
B. In the event of a false positive error, the District shall follow the procedures mandated by 49 CFR Section 40.31.
12. PROGRAM CONFIDENTIALITY
A. The results of all individual drug and alcohol tests will be kept in a secure location with controlled access.
B. All individual test results will be considered confidential. The release of an individual driver's results will only be given in accordance with an individual driver's written authorization or as is otherwise required by DOT;s regulations, or by other applicable federal or state law.
C. The District shall (1) maintain records of its alcohol misuse and controlled substances use prevention programs, (2) prepare, maintain and report a summary of the results of its testing programs, and (3) ensure that access to such records may only be obtained through the methods outlined in the Regulations, as provided in 49 CFR part 382, subpart D.
PROGRAM CONTACTS
For Questions Regarding Contact Person & Phone #
DOT Drug and Alcohol Testing
Requirements
________________________________________________________________
District's Policy, Administrative
Regulation or Educational Material
________________________________________________________________
DHHS-approved Laboratory
________________________________________________________________
Collection Facilities
________________________________________________________________
Human Resource/Personnel
________________________________________________________________
Certified Medical Review
Officer Services
________________________________________________________________
Drug and Alcohol Counseling
& Rehabilitation Services
________________________________________________________________
BRUNSWICK C.S.D. POLICY
9.190-01
The
Board of Education recognizes that in special circumstances employees of the
Brunswick Central School District may need to use private vehicles for school
purposes. In particular, the
Superintendent of Schools or the principal or her/his designee may authorize
the transportation of students in private vehicles for the following reasons:
1.
to transport a student
or students to a hospital or other medical facility in the event of a medical
emergency;
2.
to transport a student
or students to district-sponsored events when regular district transportation
is unavailable; or
3.
to transport a student
or students in any other situation that the Superintendent, the principal, or
the principal's designee, having considered all the factors in the situation,
reasonably considers to be an emergency that requires such transportation.
Transportation
of students in private vehicles shall not be undertaken for any other reason
but those stated here, and authorization of such transportation for any other
reason shall be deemed to be withheld by the Board.
The
District assumes no liability for any employee's transporting of students in a
private vehicle unless that employee has express prior authorization for such
transportation from a party empowered by this policy to give such
authorization.
The
Board hereby advises District administrators to exercise caution in authorizing
the transportation of students in private vehicles.
References
Education
Law Secs. 3023, 3635
BRUNSWICK C.S.D. POLICY
9.200-01
The
Brunswick Central School District Board of Education acknowledges the necessity
of complying with federal laws governing the use of copyrighted material.
The
Board recognizes that infringement of copyright, whether the material is prose
or poetry, and whether it be graphic images, music, video, or computer program
or code, is a serious offense against the laws of the United States, as well as
contrary to the ethical standards required of staff and students alike.
The
Board therefore establishes that all reproduction of copyrighted material by or
under the auspices of the District, by any District employee or student, shall
be conducted strictly in accordance with applicable provisions of law. Unless otherwise allowed as "fair
use" under federal law, permission must be acquired from the copyright
owner prior to reproducing material in any form in any prohibited manner.
The
Superintendent of Schools shall develop such rules and procedures as she/he may
deem appropriate to carry out this policy.
References
17
USC Secs. 101; 106; 107; 117; 201; 302
BRUNSWICK C.S.D. POLICY
9.200-01R
DISTRICT COMPLIANCE WITH COPYRIGHT LAW REGULATIONS
I.
Use of Literary,
Pictorial and Graphic Works
A.
A single copy may be
made or any of the following by or for a teacher at his or her individual
request for scholarly research or use in teaching:
1.
A chapter from a book;
2.
An article from a
periodical or newspaper;
3.
A short story, short
essay or short poem; and
4.
A chart, graph, diagram,
drawing, cartoon or picture from a book, periodical or newspaper.
B.
Multiple copies of works
listed in Section A may be made by or for a teacher for classroom use or
discussion; provided that:
1.
The numbers of copies
made does not exceed the number of students in the class;
2.
Each copy must include a
notice of copyright;
3.
The inspiration and
decision to use the work and the moment of its use for maximum teacher
effectiveness are so close in time that it would be unreasonable to expect a
timely reply to a request for permission;
4.
More than nine instances
of such multiple copying for one course during one class semester is
impermissible;
5.
No more than one short
poem, article, story, essay or two excepts may be copied from the same author;
6.
No more than three short
poems, articles, stories, essays or excepts may be copied from the same
collective work or periodical volume;
7.
The copying of poetry
and prose is limited to: a) a complete
poem, if less than 250 words and, if printed, not more than two pages or an
except of not more than 250 words from a longer poem; and b) completed
articles, stories or essays of less than 2,500 words, or an except from any prose
work of not more than 1,000 words or 10% of the work, whichever is less; and
8.
The copying of charts,
graphs, diagrams, drawings, cartoons and pictures is limited to one chart,
graph, diagram, drawing, cartoon or picture per book or per periodical issue.
II.
The Use of Broadcast
Programs
A.
Broadcast programs are
television programs transmitted by television stations for reception by the
general public without charge.
B.
A broadcast program may
be recorded simultaneously with broadcast transmission and retained by the
District for no more than the first forty-five consecutive calendar days after
the date of recording.
C.
Recordings may be used
once by individual teachers in the course of relevant teaching activities, and
repeated once only when instructional reinforcement is necessary during the
first ten consecutive school days in the forty-five calendar day retention
period. School days are school session
days, not counting weekends, holidays, vacations, examination periods or other
scheduled interruptions within the forty-five calendar day retention period.
D.
After the first ten
consecutive school days, recordings may be used up to the end of the forty-five
calendar day retention period only for teacher evaluation purposes (i.e., to
determine whether or not to include the broadcast program in the teaching
curriculum).
E.
All recording should be
done by the School District at the request of individual teachers. The department and/or individual responsible
for recording shall maintain a log in which the dates of recording, the ten day
use period and the forty-five day retention period are marked. It is the responsibility of the department
and/or individual responsible for recording to notify individual teachers of
the relevant dates for the ten day period as well as the forty-five day period
and to request the return of all recordings.
It will also be the responsibility of the department and/or individual
responsible for recording to erase or destroy the recordings immediately at the
close of the forty-five day retention period.
F.
Recordings may be made
only at the request of and use by individual teachers and may not be regularly
recorded in anticipation of requests.
G.
No broadcast program may
be recorded more than once at the request of the same teacher, regardless of
the number of times the program may be broadcast.
H.
A limited number of
copies may be reproduced from each recording to meet the legitimate needs of
teachers. The copies are subject to the
ten day use period and forty-five day retention period applicable to the
recording.
I.
Recordings and copies of
recordings must include the copyright notice on the broadcast program as
recorded.
J.
Broadcast programs need
not be used in their entirety, but the recorded programs may not be altered
from their original content. The
recordings may not be physically or electronically combined or merged to
constitute teaching anthologies or compilations.
III.
Use of Copyrighted
Music
A.
Multiple copies of
excerpts of musical works may be made provided that: 1) the excerpts do not comprise a part of the whole which would
constitute a formal unit such as a section movement or aria; and 2) no more than
10% of the whole work may be copied for academic performances.
B.
A single copy of an
entire performable unit (section, movement, aria, etc.) which is confirmed by
the copyright owner to be out of print or unavailable except in a larger work,
may be made by or for a teacher solely for the purpose of his or her scholarly
research or in preparation to teach a class.
C.
Printed copies which
have been purchased may be edited or simplified provided that the fundamental
character of the work is not distorted or the lyrics, if any, are not altered
or, if none exist, added.
D.
A single copy of
recordings of performances by students may be made for evaluation or rehearsal
purposes and may be retained by the District or individual teacher.
E.
A single copy of a sound
recording (e.g., tape, disc, cassette, etc.) may be made from existing sound
recordings owned by the District or individual teacher for the purpose of
constructing aural exercises or examinations and may be retained by the
District or individual teacher.
F.
All permissible copies
must include the copyright notice appearing on the printed copy from which
copies are made.
G.
Copying of or from works
intended to be "consumable" in the course of study or teaching such
as workbooks, exercises, standardized text and answer sheets and like material
is impermissible.
IV. Copying Machines
A.
A notice that the making
of a copy may be subject to the copyright law must be displayed in the vicinity
of all copying machines. The following
notice will satisfy this requirement:
WARNING CONCERNING COPYRIGHT
RESTRICTIONS
The Copyright Law of the United States
(Title 17 United States Code) governs the making of photocopies or other
reproductions of copyrighted material.
Under certain conditions specified in the law, libraries and archives
are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that
the photocopy or reproduction is not to be used for any purpose other than
private study, scholarship or research.
If a user makes a request for or later uses a photocopy or reproduction
for purposes other than private study, scholarship, research, comment,
criticism, news reporting and classroom preparation, that user may be held
liable for copyright infringement. This
institution reserves the right to refuse to accept a copying order if, in its
judgement, fulfillment or the order would involve violation of Copyright
Law.
B.
Order forms for copying
should include a warning of copyright restrictions.
V. Use of Computer Programs
A. Multiple copying of computer programs without authorization from the copyright owner is impermissible.
B.
One archival copy of
district-owned computer programs may be made and retained by the department or
individual responsible for recording broadcast programs. Individual staff members may not make
archival copies or store district-owned computer programs on hard disk
drives.
VI. Use of Teacher-Owned Rented Videos
Teachers
may show motion pictures or other audiovisual works in the course of
face-to-face teaching activities in a classroom or similar place devoted to
instruction provided that the performance is given by means of a copy lawfully
made.