Board Policies 1000: Community Relations Policies

1050 Annual District Election and Budget Vote

The district shall hold an annual election and budget vote at which the district’s authorized voters will elect members of the Board of Education and vote on the district budget for the coming school year. The annual district election and budget vote will be held on the third Tuesday in May, unless, due to a conflict with religious observance, the Board requests that the Commissioner approve changing the election date to the second Tuesday in May. The request is due to the Commissioner by March 1st.

The District Clerk shall publish a notice of the time and place of the annual election and budget vote at least four times within the seven weeks prior to the election, in two newspapers having general circulation within the district. The first publication of the notice shall be at least 45 days prior to the election. The notice shall also contain notice of any other matter required by law.

Copies of the budget to be voted upon at the annual election and budget vote will be available upon request in each district school building, at the school district offices, on the school district website, and at any public library or free association library within the district, for district residents at the time of the annual election and budget vote and the 14 days preceding (other than Saturday, Sunday and holidays)

The Board shall appoint assistant clerks and election inspectors necessary for the annual election and budget vote at a Board meeting held before the annual election and budget vote.

Propositions

The Board has the authority, under the Education Law, to adopt reasonable rules and regulations concerning the submission of petitions to the Board to place propositions on the ballot which may amend the budget. Pursuant to those provisions, the Board establishes the following guidelines:

Unless otherwise provided by the Education Law, petitions for the submission of a proposition must contain a minimum of 25 signatures of qualified voters of the district.
Petitions must be filed with the District Clerk at least 30 days prior to the annual election, except for petitions relating to a proposition which must be included in the notice of the annual election (e.g., changing the number of board members). Such petitions must be submitted 60 days in advance of the annual election to facilitate the preparation and printing of the ballots.
Propositions must include the specific appropriations necessary for the purposes listed.
Wording of a petition must comply with legal requirements. If the wording does not comply, it may be changed or altered by the Board, or the Board may reject a petition for failure to comply.

Propositions received in accordance with these specifications will be placed on the ballot as amendments and will be voted upon by the voters in the same manner as the proposed budget, except that the Board shall not be required to place any proposition on the ballot which is within the exclusive province of the Board, or otherwise forbidden by law. No proposition involving the budget may be submitted to the voters more than twice within a twelve month period.

The Board may also, on its own motion, submit propositions.

Improper Advocacy

The district may provide informational material to the voters concerning budgets, propositions, or other matters before the electorate. However, school district funds and resources may not be used to exhort voters to support a particular position. For example, the district will not engage in activities including, but not limited to, sending flyers supporting the budget home with students, providing mailing labels for materials supporting a proposition or using the district e-mail to deliver promotional material for candidates.

Ref: Education Law §§416(3); 1608(2); 1716(2) 1804(4); 1906(1); 2002(1); 2003(1)(2); 2004(1)-(7); 2009; 2021;2022(1), (4)-(5); 2035(2); 2601-a(2)
General Construction Law §60
Matter of Hebel, 34 EDR 319 (1994)
Matter of Martin, 32 EDR 567 (1993)
Matter of Como, 30 EDR 214 (1990)

Adoption date: 01/10/2022

1120 School District Records

It is the policy of the Board of Education to inform members of the public about the administration and operation of the public schools in accordance with the Freedom of Information Law of the State of New York.

The Superintendent of Schools shall develop regulations ensuring compliance with the Freedom of Information Law and setting forth the procedures to be followed to obtain access to district records, and submit such regulations to the Board for approval. Such regulations shall address ensuring applicable confidentiality and security of district information. The Superintendent shall designate, with Board approval, a Records Access and Records Management Officer, pursuant to law.

Retention and Destruction of Records

The Board hereby adopts the Records Retention and Disposition Schedule ED-1 issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, which contains the legal minimum retention periods for district records. In accordance with Article 57-A, the district will dispose of only those records described in the schedule after they have met the minimum retention periods set forth in the schedule. The district will dispose of only those records that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond the established legal minimum periods.

The manner of destruction will be determined by the format of the record (i.e., paper, digital, etc.). In addition, destruction will be appropriately documented.

Litigation-Hold

The Superintendent will establish procedures in the event that the school district is served with legal papers. The Superintendent will communicate with applicable parties, including the school attorney and the records management official, to ensure that, when appropriate, a litigation-hold is properly implemented. The litigation-hold is intended to prevent the destruction or disposal of records that may need to be produced as part of discovery. It is the intention of the Board of Education to comply with applicable rules and regulations regarding the

production of necessary documents, data, files, etc. The Board directs the Superintendent to institute such procedures to implement this policy.

The Superintendent or his/her/their designee, with assistance from the Records Management Officer, shall be responsible for developing and disseminating department-specific retention schedules and guidance to staff, as necessary, to ensure adherence to this policy.

Cross-ref: 8630, Computer Resources and Data Management

Ref: Public Officers Law §84 et seq. (Freedom of Information Law)
Education Law §2116
Arts and Cultural Affairs Law §57.11
Local Government Records Law, Article 57-A
Federal Rules of Civil Procedure, 16, 26
8 NYCRR Part 185 (Appendix I) – Records Retention and Disposition Schedule ED-1

Adoption date: 12/13/2021

1120-R School District Records Regulation

The following comprises the rules and regulations relating to the inspection and production of school district records:

I. Designation of Officers

The Records Access Officer shall be the School Business Official He/She/They shall:

receive requests for records of the Board of Education and make such records available for inspection or copying when such requests are granted;
ensure that district information that is not permitted to be released is not released (see section IV. Records Exempted from Public Access, below); and
compile and maintain a detailed current list by subject matter, of all records in the possession of the Board, whether or not available to the public.

2. The Superintendent of Schools, with the Board’s approval, shall designate a Records Management Officer for the district. The Records Management Officer will develop and oversee a program for the orderly and efficient management of district records, including maintenance of information security as it pertains to release of district records. The Records Management Officer shall ensure proper documentation of the destruction of records, in accordance with the schedule.

II. Definition of Records

A record is defined as any information kept, held, filed, produced or reproduced by, with or for the district in any physical form whatsoever, including but not limited to reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or disks, rules, regulations or codes.
The Records Access Officer will have the responsibility for compiling and maintaining the following records:
a. a record of the final vote of each member of the Board on any proceeding or matter on which the member votes;
b. a record setting forth the name, school or office address, title and salary of every officer or employee of the district; and a reasonably detailed current list by subject matter of all records in possession of the district, whether or not available for public inspection and copying.
However, nothing in these regulations shall require the district to prepare any record not possessed or maintained by it except the records specified in II(2), above.

III. Access to Records

Time and place records may be inspected: Records may be requested from, and inspected or copied at, the Office of the Records Access Officer, at The District Office, 19 Wards Lane during the hours of 9:00 a.m. to 3:00 p.m. on any business day on which the district offices are open. Records may also be requested via e-mail at the following address: at the email address found on the webpage.
Fees: The fee for documents up to 9 x 14 inches is 25 cents per page. For documents larger than 9 x 14 inches, tape or cassette records, or computer printouts, the cost will be based on the cost of reproduction or program utilized. Fees are subject to periodic review and change. However, no fee shall be charged for records sent via email, the search for or inspection of records, or copies of documents which have been printed or reproduced for distribution to the public. The number of such copies given to any one organization or individual may be limited, in the discretion of the Records Access Officer.
Procedures: Requests to inspect or secure copies of records shall be submitted in writing, either in person, by mail or via email, to the Records Access Officer. [Forms are provided (1120-E.1-2) for written and e-mail requests, but are not required.]
All requests for information shall be responded to within five business days of receipt of the request. If the request cannot be fulfilled within five business days, the Records Access Officer shall acknowledge receipt of the request and provide the approximate date when the request will be granted or denied.
If a request cannot be granted within 20 business days from the date of acknowledgement of the request, the district must state in writing both the reason the request cannot be granted within 20 business days, and a date certain within a reasonable period when it will be granted depending on the circumstances of the request.
Denial of Access: When a request for access to a public record is denied, the Records Access Officer shall indicate in writing the reasons for such denial, and the right to appeal.
Appeal: An applicant denied access to a public record may file an appeal by delivering a copy of the request and a copy of the denial to the Superintendent within 30 days after the denial from which such appeal is taken.
The applicant and the New York State Committee on Open Government will be informed of the Superintendent’s determination in writing within 10 business days of receipt of an appeal. The Superintendent shall transmit to the Committee on Open Government photocopies of all appeals and determinations.

IV. Records Exempted from Public Access

The provisions of this regulation relating to information available for public inspection and copying shall not apply to records that:

are specifically exempted from disclosure by state and/or federal statute;
if disclosed would constitute an unwarranted invasion of personal privacy;
if disclosed would impair present or imminent contract awards or collective bargaining negotiations;
are confidentially disclosed to the Board and compiled and maintained for the regulation of commercial enterprise, including trade secrets, or for the grant or review of a license;
are compiled for law enforcement purposes and which, if disclosed, would:
a. interfere with law enforcement investigations or judicial proceedings;
b. deprive a person of a right to a fair trial or impartial adjudication;
c. identify a confidential source or disclose confidential techniques or procedures, except routine techniques or procedures; or
d. reveal criminal investigative techniques or procedures, except routine techniques and procedures;
records which if disclosed would endanger the life or safety of any person;
records which are interagency or intra-agency communications, except to the extent that such materials consist of:
a. statistical or factual tabulations or data;
b. instructions to staff which affect the public;
c. final Board policy determinations; or
d. external audits, including but not limited to audits performed by the comptroller and the federal government;
records which are examination questions or answers that are requested prior to the final administration of such questions;
records which if disclosed would jeopardize the district’s capacity to guarantee the security of its information technology assets (which encompasses both the system and the infrastructure).

V. Prevention of Unwarranted Invasion of Privacy

To prevent an unwarranted invasion of personal privacy, the Records Access Officer may delete identifying details when records are made available. An unwarranted invasion of personal privacy includes but shall not be limited to:

disclosure of confidential personal matters reported to the Board which are not relevant or essential to the ordinary work of the Board;
disclosure of employment, medical or credit histories or personal references of applicants for employment, unless the applicant has provided a written release permitting such disclosures;
sale or release of lists of names and addresses in the possession of the Board if such lists would be used for private, commercial or fund-raising purposes;
disclosure of information of a personal nature when disclosure would result in economic or personal hardship to the subject party and such records are not relevant or essential to the ordinary work of the Board; or
disclosure of items involving the medical or personal records of a client or patient in a hospital or medical facility.

Unless otherwise deniable, disclosure shall not be construed to constitute an unwarranted invasion of privacy when identifying details are deleted, when the person to whom records pertain consents in writing to disclosure, or when upon representing reasonable proof of identity, a person seeks access to records pertaining to them.

VI. Listing of Records

Pursuant to Section 87(3)(c) of the Public Officers Law, the current records retention schedule for school districts, published by the Commissioner of Education, shall serve as the list by subject matter of all records in the possession of the school district, whether or not available under the law. The Superintendent or his/her/their designee, in consultation with the Records Management Officer, shall develop and disseminate department-specific guidance so that staff can implement this policy and regulation.

VII. Litigation-Hold

The Superintendent will designate a “discovery” team, comprised of at a minimum the school attorney, Records Access and Records Management Officer and other personnel as needed. The discovery team will convene in the event that litigation is commenced to plan to respond to the request for records. The Superintendent, with assistance from necessary personnel, will ensure that measures are put in place to preserve applicable records.

Adoption date: 12/13/2021

1120-E.1 Application for Public Access to Records (via mail or email)

[Note to the public {for use on district website}: This form’s language is optional but may enhance your use of the Freedom of Information Law. You may choose to utilize certain portions that are most applicable to your request. You may cut and paste the entire form into a new email, read all provisions, and delete and/or modify those that do not apply. The subject line of your request should be “FOIL Request”.]

{Include district mailing address/e-mail address, as appropriate}
Dear Records Access Officer:

Please e-mail/mail the following records if possible [include as much detail about the record as possible, such as relevant dates, names, descriptions, etc.]:
Please inform me of the appropriate time during normal business hours for inspecting the following records prior to obtaining copies [include as much detail about the records as possible, including relevant dates, names, descriptions, etc.]:
Please inform me of the cost of providing paper copies of the following records [include as much detail about the records as possible, including relevant dates, names, descriptions, etc.].
If all the requested records cannot be e-mailed/mailed to me, please inform me by e-mail/mail of the portions that can be e-mailed/mailed and advise me of the cost for reproducing the remainder of the records requested ($0.25 per page or actual cost of reproduction).
If the requested records cannot be e-mailed/mailed to me due to the volume of records identified in response to my request, please advise me of the actual cost of providing access digitally.
If my request is too broad or does not reasonably describe the records, please contact me via e-mail/mail so that I may clarify my request, and when appropriate inform me of the manner in which records are filed, retrieved or generated. If it is necessary to modify my request, and an e-mail/mail response is not preferred, please contact me at the following telephone number: (insert telephone number here).

If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name, address and email address of the person or body to whom an appeal should be directed.

Name: (insert name here)
Address: (if records are to be mailed)

Adoption date: 12/13/2021

1120-E.2 Agency Response to Request for Records

Dear Applicant for Records:

We received your request for records pursuant to the Freedom of Information Law on [fill in date received, or next business date received, if received after normal business hours]:

Attached are electronic copies/paper copies of the records that you requested.
The records that you have requested to inspect will be made available for inspection on [insert date] ___________ at [insert time] ______________. After inspecting the records, you may request copies of selected pages, which we will provide to you on or about [insert date]___________. If paper copies are required, payment of a fee of $.25 per photocopy will be charged.
The records requested cannot be located with reasonable effort and your request does not reasonably describe records in the possession of this agency. [Indicate information necessary to locate records or the manner in which records are filed, retrieved or generated by the agency in order for the applicant to clarify the request.]
This agency does not maintain or possess the records you have requested. [When possible, indicate to whom the request should be directed.]
The records sought can not be found after a diligent search.
This agency has determined that portions of your request can be denied based on the following [provide reason based on one or more exceptions appearing in §87(2) of the Freedom of Information Law]:
Accordingly, your request for records is granted in part and denied in part, and

– the requested records are attached. Certain portions have been redacted, and/or certain records have not been provided to you based on the explanation above.
– the records are not available electronically. Please remit $(dollar amount). Copies will be provided to you on or about (date).

You have 30 days from receipt of a denial of access to records or portions thereof to appeal to:

Name:
Title:
Address:
E-mail Address:
This agency has determined that the records that you requested are not required to be made available to the public based on the following [provide reason based on one or more exceptions appearing in §87(2) of the Freedom of Information Law]:

Accordingly, your request is denied.

You have 30 days from receipt of a denial of access to records to appeal to:

Name:
Title:
Address:
E-mail Address:
This agency has determined that it is unable to respond to your request at this time. Accordingly, on or before [insert date within the next 20 business days], we will grant and/or deny access in whole or in part.
This agency has determined that it is unable to respond to your request in full within the next twenty business days for the following reasons [provide explanation as required by the Freedom of Information Law, §89(3)]:
Accordingly, on or before [insert date], we will provide and/or deny access in whole or in part. Please advise by reply email if you would prefer that records be made available on a piecemeal basis if it is feasible to do so.
Because the records you have requested include a list of names and residence addresses, disclosure may constitute an unwarranted invasion of personal privacy pursuant to §89(2)(b)(iii) of the Freedom of Information Law. If you maintain that such records are not sought for commercial or fund-raising purposes, as a condition precedent to disclosure, please prepare the following statement on a separate sheet of paper, sign it, and mail it to the address indicated below.

I [insert name] certify that the requested list of names and addresses will not be used for commercial or fund-raising purposes.

[Signature]

Send to:
Name:
Title:
Mailing Address:
Because the records you have requested pertain to yourself, but if released to the public would constitute an unwarranted invasion of your privacy, as a condition precedent to disclosure, please prepare the following statement on a separate sheet of paper, sign it, and mail it to the address indicated below, along with copy of your valid driver license or other acceptable form of identification.
I certify that my name is [insert name], that I reside at [insert address], and that I have attached a copy of my valid driver license or equivalent identification and that the requested records pertain to me.

[Signature]

Adoption date: 12/13/2021

1130 News Media Relations

The Board of Education invites and welcomes the active participation of all forms of mass media, print and electronic, in educating the public and improving education within the district and the wider community. The Board and Superintendent will make every reasonable effort to cooperate with the media by providing accurate information about district operations, to the extent permissible by statute and regulation.

The Board President is designated as the spokesperson for the Board when the Board is making a statement on an issue. No other member of the Board individually will speak for, or in the name of, the Board unless by explicit direction of the Board. Board members should emphasize to the media when asked to speak as a Board member that they can only speak as private citizens unless they have been empowered by the Board to speak for it.

The Superintendent of Schools is designated as the spokesperson for the district.

All staff intending to release information to the media should first notify the Superintendent. The Superintendent of Schools shall establish all necessary procedures to govern day-to-day interactions between the schools and the news media.

The Board and the Superintendent agree that a blog (short for weblog), which is a log posted on the World Wide Web which may be accessed from the district’s homepage, and a presence on social media sites can be beneficial mechanisms for communicating with the community. All postings to the blog and social media sites will be treated with the same care and consideration as any other communication which the Superintendent or his/her designee generates on behalf of the district. Postings will adhere to the standards set in the Board’s “acceptable use of computers” policy.

If Board members choose to blog on their own or if the member maintains a social networking presence, the Board member must ensure that it is clear that the postings do not represent the Board as a whole.

Cross-ref: 4526, Computer Use in Instruction
8630, Computer Resources and Data Management

Ref: Arts and Cultural Affairs Law §61.09

Adoption date: 12/13/2021

1221 Relations with Parent Organizations

The Menands Union Free School District Board of Education recognizes the invaluable contribution made by parents to the education of their children. The Board further recognizes the importance of informed and active parent support to the accomplishment of the District’s fundamental objectives.

The Board therefore encourages the establishment of an organization to serve as a continuing vehicle for informing parents of the District’s educational program and activities, and as a means for enlisting their participation in the instructional and other activities of the District. The Board shall act to recognize the existence of any such organization the purpose of which is to foster a closer, more effective, and mutually supportive relationship between parents and the District.

The Superintendent of Schools or his/her/their designee shall be the District’s contact with any such organization, and shall be responsible for providing said organization with the information and other support needed in order for that organization to be durable and effective.

Parental Organization as Independent Entity

The Board recognizes that any parental organization whose establishment the Board encourages through this policy is an independent entity, without any legal relationship to the District. Said organization shall therefore be wholly responsible for organizing itself, conducting its affairs, planning its own activities and programs, and raising its own financial support.

Use of School Facilities by Recognized Parental Organization

The Board authorizes the use of school facilities by any recognized parental organization in furtherance of the recognized objectives of that organization. Such use shall be duly arranged through and approved by the Superintendent or her/ his/their designee.

Distribution of Parental Organization Information Through School

The Board views the dissemination of information about parental involvement and support of the District’s mission and activities as a major element of successful education for its students. The Board therefore authorizes the Superintendent to allow dissemination through the District of information about activities and meetings sponsored or held by any recognized parental organization and that are in furtherance of the recognized objectives of said organization. Specifically, it shall be permissible for such information to be sent home with

students, or by any other appropriate means. The Superintendent shall establish such rules and procedures as he/she/they deem necessary to facilitate the purposes of this section.

Cross-ref: 1500, Public Use of School Facilities

Adoption date: 12/13/2021

1400 Public Complaints

The Menands Union Free School District Board of Education recognizes that from time to time there may be cause for misunderstanding, disagreement, and complaint by members of the public in regard to the enactment or implementation of board of policy, to the curriculum being followed or the instruction being provided by the District, to use of school facilities, or to other areas pertaining to the operation or management of the District’s programs or facilities. The main goal of the district is to resolve such concerns specifically with the parties involved, whenever possible.

Public complaints about the school district will be directed to the proper administrative personnel. Complaints about specific classroom practices shall be directed to the teacher concerned. Complaints relative to other matters will be directed to the appropriate personnel. If the matter is not settled satisfactorily, the complainant shall then contact the Building Principal; if there is no resolution on this level, the Superintendent of Schools or his/her/their designee shall be contacted. The Superintendent shall refer the issue to the Board for final resolution, if necessary.

The procedures established and implemented by the Superintendent shall include: (1) the requirement of written or otherwise suitably documented identification of (a) the specific nature of the complaint, and (b) the identity of the employee(s) or agent(s) of the District, if any, about whom a complaint is being registered; (2) adequate means for strictly- safeguarding the privacy of those about whom complaints may be registered; (c) documentation of the remedy sought by the complainant; and (d) a description of the means whereby a resolution of the complaint shall be reached.

Concerns registered directly to the Board as a whole or to an individual Board member shall be referred as soon as is reasonably possible to the Superintendent for investigation, report, and/or resolution.

Adoption date: 12/13/2021

1510 Public Sales on School Property

The Board of Education believes that fund drives and/or materials drives should be conducted only when there is some educational benefit for the student. The administration should approve and schedule these activities so as to eliminate the possibility of many drives being conducted simultaneously.

Any fund drive must be sponsored by the school district, or a school-related organization (e.g., the Parent-Teacher Association).

Funds raised through school-sponsored activities must be deposited and accounted for in the extra-curricular fund. Accounting for funds raised by school-related groups is the responsibility of such groups.

Fund drives sponsored by the school district requiring door-to-door solicitation should be kept to a minimum and approved in advance by the Superintendent of Schools. Such drives should include a training program for the solicitors.

Soliciting Funds from Staff

No solicitor, salesman or agent shall come into any school building or upon any school property and solicit business other than school business, from any school employee. In the case of school business, he/she shall obtain permission from the Superintendent before soliciting any school employee in any building.

Adoption date: 01/10/2022

1530 Smoking, Vaping and other Tobacco Use on School Premises

Due to the health hazards associated with smoking, and in accordance with federal and state law, the Board of Education prohibits smoking (the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco, cannabis or cannabinoid hemp) and all other tobacco use, and use of an electronic cigarette or e-cigarette, in all school district buildings, on school grounds, and in any vehicle used to transport children or personnel. Smoking or tobacco use and vaping is also prohibited within 100 feet of all school entrances, exits and outdoor areas, except where that is a residence or residential property. “Electronic cigarette” or “e-cigarette” means an electronic device that delivers vapor which is inhaled by an individual user (including vaporizers, vapor pipes, and vape pens), and includes any refill, cartridge and any other component of such a device. Additionally, ingesting cannabis or concentrated cannabis products is prohibited on school grounds and on school buses. This policy does not apply to lawful medical cannabis use in compliance with state law and regulation for those who are properly certified and registered; however, state regulations do not permit smoking or vaporizing medical cannabis where smoking and vaping are prohibited by law.

The district’s smoking policy will be prominently posted in each building, at designated outdoor locations on school premises (e.g., athletic fields) and in all district vehicles. The Board designates the Superintendent of Schools or designee as agent responsible for informing individuals smoking cigarettes or e-cigarettes, or using tobacco, cannabis or cannabinoid hemp unlawfully that they are in violation of Article 13-E of the Public Health Law and/or Section 409 of the Education Law and/or the federal Pro-Children Acts of 1994 and 2001. Persons in violation of this policy will be asked to stop. Students and staff may be subject to consequences outlined in the Code of Conduct, and visitors or contractors may be asked to leave school property.

Cross-ref: 5300, Code of Conduct

Ref: The Pro-Children Act of 2001, 20 U.S.C. §§7181 et seq.
The Pro-Children Act of 1994, 20 U.S.C. §§6081 et seq.
Cannabis Law §3 (definition of cannabinoid hemp)
Education Law §§409(2)
Penal Law §222.00 (definition of cannabis); 222.10 (cannabis use prohibited on school grounds)
Public Health Law Article 13-E (regulation of smoking and vaping in public areas)
Public Health Law §§206; 340; 347; 1399-aa
10 NYCRR §1004.18 (prohibitions on medical marijuana in certain places)

Adoption date: 01/10/2022

1741 Home-Schooled Students

The Board of Education or their designee shall ensure that children instructed at home are taught by a competent instructor and receive an education substantially equivalent to that offered in the district’s schools.

Parents/Guardians who wish to educate their children at home must submit to the district an individual home instruction plan (IHIP), outlining the educational goals to be met and the course materials and syllabi to be used each year for the child’s learning process. The district may accept or deny an IHIP. Parents/Guardians must submit quarterly reports which will provide the district with the necessary information to make determinations of substantial equivalency and competency of instruction on an ongoing basis.

Parents/Guardians may appeal to the Board a determination by the Superintendent of Schools or designee that an IHIP is not in compliance with the Regulations of the Commissioner of Education. Parents/Guardians shall have the right to appeal the final determination of the Board to the Commissioner of Education within 30 days of receipt of such determination.

Special Education

A student with an IHIP, who is a resident of the school district and has a disability, or is suspected of having a disability, is eligible to receive services from the school district, in accordance with law, regulation and district policy (4321 et. seq.). A parent/guardian must request special education services in writing to the Board by June 1st, unless the child is first identified or moves into the district after June 1st. In that case, the parent/guardian must request the services within 30 days of being identified or of moving into the district.

Special education services will be provided on an equitable basis compared to programs and services provided to other students with disabilities attending public or nonpublic schools within the district. The Board will determine the location where services will be available to home schooled students.

Instructional Materials

The Board authorizes the Superintendent to loan instructional materials, if available, to students receiving home instruction. The Superintendent or his/her/their designee shall determine the availability of resources and develop appropriate procedures.

Cross-ref: 4321, Programs for Students with Disabilities, et.seq.
5420, Student Health Services

Ref: Education Law §§ 3204(2); 3210(2)(d); 3602-c (2-c)
8 NYCRR §100.10
Appeal of Ponte, 41 EDR 174 (2001)
Matter of Abookire, 33 EDR 473 (1994)
State Education Department Memorandum, “New Requirements for the Provision of Special Education Services to Home-Instructed (“Home-Schooled”) Students, July 2008

Adoption date: 01/10/2022

1925 Interpreters for Hearing-Impaired Parents

The Menands Union Free School Board of Education recognizes that those district parents with hearing impairments which prevent meaningful participation in their child’s educational program must be afforded an opportunity equal to that afforded other parents to participate in meetings or activities pertaining to the academic and/or disciplinary aspects of their child’s education. Accordingly, and pursuant to law, the school district will provide an interpreter for hearing-impaired parents for school-initiated academic and/or disciplinary meetings or activities including, but not limited to:

Parent/teacher conferences
Child/study or building level team meetings
Planning meetings with school counselors regarding educational progress
Career planning
Suspension hearings or other conferences with school officials relating to disciplinary actions involving their child

Written Request Format

The district shall provide an interpreter for the hearing-impaired parent if a written request for the service has been submitted to and received by the district within 2 working days prior to the scheduled meeting or activity. Hearing impaired parents shall submit their requests for accommodations of their disability on a form provided by the district or shall use other written means to request accommodation and provide the information requested by the district’s form.

Reasonable Accommodations when Interpreter is Unavailable

Whenever an interpreter is unavailable, the district will then make other reasonable accommodations which are satisfactory to the parents (e.g., notetaker, transcript, decoder, or telecommunication device for the deaf). These services will be made available by the district at no cost to the parents.

The Superintendent of Schools shall maintain a list of available interpreters and to develop procedures to notify parents of the availability of interpreter services, the time limitation for requesting these services, and of the requirement to make other reasonable accommodations satisfactory to the parents should an interpreter not be available.

Ref: Americans with Disabilities Act of 1990, 42 U.S.C. §§12131-12134
Rehabilitation Act of 1973, 29 U.S.C. §794
Education Law §3230
8 NYCRR §100.2(aa)
Rothschild v. Grottenthaler, 907 F.2d 286 (2d Cir. 1990)

Adoption date: 01/10/2022

1925-E.1 Interpreters for Hearing-Impaired Parents

Accommodation Request

Parents in need of interpreter services are asked to complete this form:

TO: Superintendent of Schools
Menands Union Free School District

FROM: (Name)
(Address)

Please identify the type of interpreter needed:

__ Interpreter for the Hearing Impaired: ( ) American Sign; ( ) English

In the event an interpreter is not available, please identify the type of alternative service preferred:

__ Written Communication

__ Transcripts

__ Decoder

__ Telecommunication Device for the Deaf (TDD)

__ Other (please specify) __

Adoption date: 01/10/22

1925-E.2 Interpreters for Hearing-Impaired Parents Exhibit

Response to requests for accommodation

FROM: Superintendent of Schools
(Name of) School District

TO: (Name)
(Address)

The Menands Union Free School District hereby:

__ grants your request for accommodation of a hearing disability in accordance with Board Policy 1925;

__ denies your request for accommodation of a hearing disability for the following reason:

Adoption date: 01/10/22