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Article 43 - Health And Safety Of Students & Staff
| Section 43.1 | Policy |
| Section 43.2 | Bus Emergency Drills |
| Section 43.3 | Fire Emergency Drills |
| Section 43.4 | School Safety Plans |
| Section 43.5 | Safety Instruction Supervision of Students |
| Section 43.6 | Eye Safety |
| Section 43.7 | District Property Designated A Drug-Free Workplace |
| Section 43.8 | Immunization of Students |
| Section 43.9 | Student Physicals Screenings |
| Section 43.10 | Prescription Medication |
| Section 43.11 | Student Psychological Services |
| Section 43.12 | Pregnant and Married Students |
| Section 43.13 | Accident Prevention and Procedures |
| Section 43.14 | Transportation of Injured or Ill Students Staff |
| Section 43.15 | First Aid |
| Section 43.16 | Students with HIV-Related Illness |
| Section 43.17 | Staff with HIV-Related Illness |
| Section 43.18 | Confidentiality of HIV-Related Information |
| Section 43.19 | Staff Training For HIV Related Illness |
| Section 43.20 | Storage Disposal of Hazardous Waste Materials |
| Section 43.21 | Free and Reduced Lunch Program |
| Section 43.22 | Student Insurance |
Article 43
HEALTH AND SAFETY OF STUDENTS & STAFF
Adopted 10/16/02
(A) It is the policy of the District to:
(1) take reasonable precautions to protect the safety of all students, employees, visitors and others present on District property or at school-sponsored events so as to prevent reasonably foreseeable accidents which may result in personal injury, loss of school time, property damage, and death;
(2) guard against reasonably foreseeable accidents by taking reasonable precautions to protect the safety of all students, employees, visitors and others present on District property or at school-sponsored events; and
(3) include the practice of safety, appropriately geared to students at different grade levels, as a facet of the District's instructional plans and educational programs.
(B) Each principal and supervisor shall be responsible for the development and implementation of a safety program for his/her school or operation, and the Superintendent shall have overall responsibility for the safety program of the District. General areas of emphasis shall include, but not be limited to: inservice training; accident record-keeping; facility inspection; driver and vehicle safety programs; fire prevention; school site selection; and emergency procedures and traffic safety problems relevant to students, employees and the community.
Section 43.2 Bus Emergency Drills
(A) A minimum of three (3) emergency drills on each school bus shall be held during the school year, the first drill to be conducted during the first week of the fall term, the second prior to January 1, and the third prior to May 1.
(B) Each drill shall include instruction in the following:
(1) safe boarding and exiting procedures;
(2) the location, use and operation of the emergency door, fire extinguishers, axe, first-aid equipment and windows as a means of escape in case of fire or accident; and
(3) orderly conduct as bus passengers.
(C) Students who ordinarily walk to school shall also be included in the drills.
Section 43.3 Fire & Emergency Drills
(A) Students in each building shall be instructed and trained in procedures for leaving the building in the shortest possible time, and without confusion or panic, in case of fire and/or sudden emergency.
(B) Drills shall be held at least twelve (12) times in each school year with at least eight (8) such drills being held between September 1 and December 1. At least one drill shall be held during each of the regular lunch periods at each building, or in lieu thereof special instructions shall be provided to students on the procedures to be followed if a fire or sudden emergency occurs during a student's lunch period.
(C) In the case of after-school programs, events or performances which are conducted within a school building and involve persons who do not regularly attend classes in such building, the building principal shall require the person in charge of such after-school activity to notify persons in attendance at the beginning of each such activity of the procedures to be followed in the event of an emergency so that they may be able to leave the building in a timely and orderly manner.
(D) A copy of Education Law '807 shall be printed in any manual or handbook prepared for the guidance of teachers.
Section 43.4 School Safety Plans
In accordance with Education Law '2801-a, the District has adopted comprehensive District-wide and building-level school safety plans regarding crisis intervention, emergency response and management, and providing for the appointment of District-wide and building-level school safety teams. Each safety plan shall be reviewed at least annually, and updated as needed. Each building principal shall conduct drills and other exercises to instruct, train and prepare students and staff in the procedures to be followed in the event of a crisis, emergency or disaster.
Section 43.5 Safety Instruction & Supervision of Students
(A) Safety instruction in courses in technology, science, home and career skills, art, physical education, and health shall include and emphasize safety and accident prevention, and precede the use of materials and equipment by students in applicable units of work. Instructors shall teach and enforce all safety procedures for the particular courses, including but not limited to the wearing of protective eye devices in appropriate activities.
(B) Pupils working in any activity, including but not limited to instructional, extra-curricular and athletic activities, shall be supervised by the designated teacher or supervisor in charge of the activity. Permission to hold practices or meetings shall not be granted unless a teacher or supervisor is actually present and in charge.
(C) Coaches and physical education supervisors shall be responsible for the supervision of all pupils in either their class or their after school activities.
(D) Teachers and/or assigned school personnel in the elementary grades will be responsible for the playground supervision of all the children under their jurisdiction during the recess periods and before the regular afternoon sessions. The principal will distribute the responsibility so that the playground situation will be properly controlled.
(E) Pupils are not to be sent on any type of errand away from the building without the consent of the principal.
(A) The District shall provide the following eye safety devices for the protection of employees, students, and visitors, and such devices shall be worn in classes and labs when activities present a potential eye hazard:
(1) face shields;
(2) goggles;
(3) safety glasses;
(4) welding helmets; and
(5) other specialized equipment in compliance with the American National Standard Practice for Occupational and Educational Eye and Face Protection, 287.1 - 1968, as amended, promulgated by the American National Standards Institute, Inc.
(B) The Superintendent or his/her designee shall insure that eye safety devices are properly repaired, cleaned and stored to prevent the spread of germs or diseases after individuals use eye safety devices.
Section 43.7 District Property Designated A Drug-Free Workplace
(A) All District property and facilities, and all locations where District activities are being engaged in, are hereby designated as drug-free workplaces as defined in the Drug-Free Workplace Act of 1988, as amended.
(B) The manufacture, distribution, dispensation, possession, or use of an illegal controlled substance by any person, including but not limited to staff, students and members of the public, is strictly prohibited in the workplace.
(C) Any person violating paragraph (B) above shall be subject to disciplinary and/or other legal action by the District, including but not limited to suspension, transfer, and/or discharge, referral to law enforcement authorities, suspension and/or removal from school programs and property.
(D) All District employees shall notify the Superintendent of any criminal drug violation occurring in the workplace no later than five days after conviction.
(E) The District shall notify the federal granting agency within 10 days after receiving notice that an employee has been convicted of a drug offense in the workplace.
(F) The District shall arrange for drug counseling and rehabilitation programs to be available at no cost and without penalty to any interested employee.
Section 43.8 Immunization of Students
(A) Except as provided in paragraph (C) below, all students shall be immunized against the following diseases as a condition to entering and attending District schools:
(1) measles;
(2) polio;
(3) diphtheria;
(4) mumps; and
(5) rubella.
(B) In addition to the immunizations required by paragraph (A) of this section:
(1) all children born on or after January 1, 1993, and all other children prior to entering seventh grade, must be vaccinated against hepatitis B; and
(2) all children born on or after January 1, 1998, shall be immunized against chicken pox.
(C) The following children are exempt from one or more of the provisions of paragraphs (A) and/or (B) of this section provided that written evidence of entitlement to exemption is furnished to the Superintendent:
(1) a child who is a member of a bona fide, recognized religious organization whose teachings are contrary to these requirements; and/or
(2) a child whose health will, with a reasonably degree of medical certainty, be significantly endangered as certified by a New York State licensed physician.
(D) A physician's certificate or some other acceptable evidence of immunization is required to be submitted for all children entering and attending school.
(E) No child lacking evidence of immunization shall be permitted to remain in school for more than fourteen (14) days, or thirty (30) days for an out-of state transferee, who can establish to the satisfaction of the Superintendent a good faith effort to obtain the necessary evidence or certification. The District shall notify the local health authority of the name and address of the child, provide the person in parental relation to the child who has been denied admission or attendance a statement of his/her duty regarding immunization and a consent form prescribed by the Commissioner of Health, and cooperate with the local health authorities to provide a time and place for the immunization of children lacking one or more of the required immunizations.
Section 43.9 Student Physicals & Screenings
(A) Except as provided in paragraph (B) below, the following students shall be examined once at the school by the school physician at District expense during the school year:
(1) students in grades K, one, three, seven, and ten;
(2) students transferring into the District whose health record shows no examination in the next previous grade listed in (1) above;
(3) all student athletes prior to their first sport of the school year, then only those who were injured or ill during their first sport before participating in a second sport during that school year;
(4) all students who need a work permit who were not examined in the above categories; and
(5) all students who are referred by an appropriate District official or employee.
(B) Subject to the approval of the school physician, proof of examination by a private physician shall be accepted in lieu of an examination in school provided that the private physician uses forms provided by the District and the expense of such examination is paid by the student's parent or guardian.
(C) The following students shall be screened for hearing and/or vision by the District:
(1) each student in grades K through 7 B vision and hearing;
(2) each student in grade 10 B hearing; and
(3) any student who appears to show defects in hearing or vision may be referred for screening tests at any time during the school year.
Section 43.10 Prescription Medication
(A) Medication prescribed by a physician for a student should be administered by a parent or guardian at home when possible.
(B) The school nurse may administer medication prescribed for a student provided that the District is furnished with the following:
(1) written certification by the student's physician that it is necessary for a student to take prescribed medication during school hours and specifying the name(s), strength, frequency and dosage of the prescribed medication; and
(2) such medication(s) is/are brought to the school health office in its original pharmacy-issued container by the parent or guardian.
(A) Students may be referred for psychological services as follows:
(1) Counselors, principals or other school personnel may request a psychological evaluation of a student in order to help him/her derive the maximum value from his/her educational experience.
(2) Any parent or legal guardian of a student may request assistance directly from the school psychologist who shall in turn notify the building principal that a request for services has been made.
(3) Any student in the school District shall have the right of self-referral at any time without parental consent. However, the administration shall be informed that the student has sought counseling.
(4) Outside referrals from social service agencies, private doctors, etc., shall be acted upon only when written consent from the parent or guardian has been obtained.
(B) All persons directly or indirectly concerned with any student receiving psychological counseling shall handle the relationship in a professional manner.
(C) All psychological reports concerning students:
(1) shall be handled in accordance with State law; and
(2) shall not be included in a student's permanent record file, although the psychologist may in his/her discretion when circumstances warrant place in such file a summary of the report.
(D) Educational diagnostic reports B results of test administered to students which are primarily of an educational nature B shall be included in the student's permanent record file and the results given to those staff members directly involved with the education of the student.
Section 43.12 Pregnant and Married Students
(A) Pregnant students shall be permitted to attend school and engage in school activities, provided that such attendance and/or participation is approved in writing by the student's physician and filed with the building principal. The building principal shall be authorized to make special arrangements for the instruction of the pregnant students who are unable to attend classes in order to meet their special needs.
(B) Students who are married shall be allowed to participate in all school educational and extra-curricular programs to the same extent as married students, except that a married student who is pregnant may be limited as provided in paragraph (A) above.
Section 43.13 Accident Prevention and Procedures
(A) In order to eliminate as many potential hazards as practicable, all personnel shall be observant of conditions which have the potential of causing bodily harm. Any such condition shall be reported to the employee's supervisor or the building principal who will in turn notify the Superintendent of Buildings and Grounds.
(B) As soon as reasonably possible after the accident, the building principal shall:
(1) secure written statements from witnesses detailing any facts which may be relevant to the accident;
(2) prepare an accident report, furnishing the date, time, and location of the accident and a summary of the relevant facts; and
(3) send copies of the statements and report to the Business Office.
(C) Student accidents will be reported through the principal's office. The principals will be responsible for submitting insurance reports and maintaining student records.
(D) Employee accidents on the job, however slight, shall be immediately reported by the employee to his/her supervisor or building principal who shall promptly forward an injury report to the Business Manager. The employee shall also submit a written report as as soon as possible, but in no event more than 30 days after the accident. If either the employee or his/her supervisor or building principal feels medical attention may be necessary, the employee shall seek such attention from his/her physician and specify that the bills for treatment should be submitted to the District's workers' compensation carrier. The Business Administrator will be responsible for submitting workers= compensation and other related reports.
Section 43.14 Transportation of Injured or Ill Students & Staff
(A) The District shall not transport injured or ill students or staff for the purpose of obtaining medical attention, except in emergency situations which cannot await contacting and arrival of emergency rescue squad personnel.
(B) Students and staff requiring emergency medical care and treatment shall be transported by emergency rescue squad personnel, except in emergency situations which cannot await contacting and arrival of emergency rescue squad personnel.
(C) Students requiring non-emergency medical care and treatment shall be transported by their parent(s) or person(s) in parental relation after being contacted by the school nurse or building principal.
(C) Staff requiring non-emergency medical care and treatment shall be responsible for their own transportation.
(A) School nurses, with the help of the school physician, are responsible for providing detailed first aid procedures for students and staff. Further medical attention to students is the responsibility of the parents or persons in parental relation, or in cases of emergency a person properly designated by the parents or persons in parental relation to make health care decisions.
(B) First aid of a non-emergency nature administered to students shall be limited to measures which comfort and protect the student until medical evaluation and recommendation is secured and a parent or person in parental relation is notified.
(C) Emergency aid shall be administered only by the school nurse or other qualified staff members until arrival of emergency rescue squad personnel.
(A) No student shall be discriminated against, nor shall his/her right to education be restricted, on the basis that he/she has been identified as being HIV-infected or having AIDS.
(B) A parent or person in parental relation may request modification of a HIV-infected student's educational program by submitting a written request to the Superintendent or building principal.
(C) In the event that a HIV-infected student requires special educational services, parental consent or a court order for release of confidential information related to HIV status shall be obtained prior to referral to the CSE.
(D) No school official shall require any student to undergo an HIV antibody or other HIV-related test; except that nothing shall preclude school officials from requiring a student to undergo an examination under Education Law Sections 903 and 904 when other illness is suspected, as long as no involuntary HIV antibody or other HIV-related test is administered as a part of such examination.
(E) All students, from kindergarten through high school, shall receive age-appropriate instruction regarding the nature, transmission, prevention, and treatment of HIV infection unless exempted pursuant to law or regulation.
Section 43.17 Staff with HIV-Related Illness
(A) No District employee shall be discriminated against, nor shall he/she be the subject of disciplinary or other adverse personnel action, solely because he/she has HIV infection or AIDS; except that an employee's employment status or duties with the District may be restricted or otherwise affected if both of the following conditions are met:
(1) he/she is disabled; and
(2) the disability interferes with his/her ability to perform his/her job duties/activities in a reasonable manner.
(B) No school official shall require any employee to undergo an HIV antibody or other HIV-related test; except that nothing shall preclude school officials from requiring an employee to undergo a routine physical examination under Education Law Sections 913 when other illness is suspected, as long as no involuntary HIV antibody or other HIV-related test is administered as a part of such examination.
(C) If information is received regarding an employee's HIV status, the Superintendent may consult with the school attorney on the appropriate course of action to take under the circumstances consistent with State and Federal laws including the confidentiality requirements of Article 27-F of the New York Public Health Law.
Section 43.18 Confidentiality of HIV-Related Information
(A) All medical information and written documentation of discussions, telephone conversations, proceedings and meetings regarding a HIV-infected student, employee or volunteer, shall be confidential, kept in a locked file, and shall not be released to anyone except to
(1) persons listed on the NYS Health Department's Authorization for Release of Confidential HIV Related Information form;
(2) persons listed on the court order pursuant to Section 2785 of Article 27-F of the New York State Public Health Law; or
(3) persons authorized to receive such information without a release or court order under Section 2782 of Article 27-F of the New York State Public Health Law.
(B) Any District employee or official who acquires or receives HIV-related information regarding any student, employee or volunteer, shall be bound by the confidentiality requirements contained in Article 27-F of the Public Health Law. Any breach of such confidentiality shall be subject to conditions contained in Article 27-F of the Public Health Law, and in addition, to disciplinary procedures as established by the Board of Education.
Section 43.19 Staff Training For HIV Related Illness
(A) The nursing staff and school physician shall develop, and update based on the most current methods and information, standard precautions and procedures related to the handling of blood and body fluids in or on District property.
(B) The Superintendent shall develop and implement in-service education and training for all school personnel concerning:
(1) AIDS and HIV infection;
(2) measures to prevent and manage exposures in the workplace; and
(3) the standard precautions and procedures developed in (A) above.
(A) The District shall not store at one site more than 2,200 pounds of waste in the forms of petroleum sludge, degreasers, carburetor and engine cleaners, photographic chemicals, varsol, spent solvents, or rust removal compounds, and shall use government approved containers and labels when transporting such materials.
(B) The Superintendent shall maintain a current record of the social security numbers of every employee who handles toxic substances.
Section 43.21 Free and Reduced Lunch Program
The District shall furnish free and reduced-price lunches to eligible students in the District schools pursuant to the National School Lunch Program. The Superintendent, or his/her designee, shall determine which pupils are eligible; but any parent may appeal from an adverse determination involving such parent's child to the Board of Education.
Section 43.22 Student Insurance
(A) The District shall provide group accident insurance coverage for all students insuring them against damage for personal injuries occurring while
(1) in school;
(2) on school grounds;
(3) engaged in or during District sponsored activities, including but not limited to physical education classes, intramural and inter-scholastic sports activities, and sponsored trips; and
(4) being transported between home and school in a District school bus.