Policies

• Bullying:  Peer Abuse in the Schools
• Children's Internet Protection Act
• Data Privacy & Security
• Dignity for All Students
• Information Security Breach and Notification
• Responsible Use Policy

7550 Bullying:  Peer Abuse in the Schools

The Board of Education is committed to providing a safe and productive learning environment within its schools. The Board recognizes that discrimination, such as harassment, hazing and bullying, are detrimental to student learning and achievement. These behaviors interfere with the mission of the District to educate its students and disrupt the operation of the schools. Such behavior affects not only the students who are its targets but also those individuals who participate and witness such acts.
To this end, the Board condemns and strictly prohibits all forms of discrimination, such as harassment, hazing and bullying on school grounds, school buses and at all school sponsored activities, programs and events. Discrimination, harassment, hazing or bullying that takes place at locations outside of school grounds, such as cyberbullying, which creates or can be reasonably expected to create a material and substantial interference with the requirements of appropriate discipline in the operation of the school or impinge on the rights of other students are prohibited, and may be subject to disciplinary consequences.

Definitions
Bullying
Bullying, under the amended Dignity for All Students Act, has the same meaning as harassment (see below). The accompanying regulation provides more guidance regarding the definition and characteristics of bullying to help the school community recognize the behavior.

Cyberbullying
Cyberbullying is defined as harassment (see below) through any form of electronic communication.

Discrimination

Discrimination is the act of denying rights, benefits, justice, equitable treatment or access to facilities available to all others, to an individual or group of people because of the group, class or category to which that person belongs (as enumerated in the Definitions section, under Harassment, below).

Hazing
Hazing is an induction, initiation or membership process involving harassment which produces public humiliation, physical or emotional discomfort, bodily injury or public ridicule or creates a situation where public humiliation, physical or emotional discomfort, bodily injury or public ridicule is likely to occur.

Harassment
Harassment has been defined in various ways in federal and state law and regulation. The Board recognizes that these definitions are important standards, but the Board’s goal is to prevent misbehavior from escalating in order to promote a positive school environment and to limit liability. The Dignity for All Students Act (§§1018 of Education Law) defines harassment as the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying, that (a) has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical wellbeing; (b) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; (c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or (d) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. The harassing behavior may be based on any characteristic, including but not limited to a person’s actual or perceived:

• race,
• color,
• weight,
• national origin,
• ethnic group,
• religion,
• religious practice,
• disability,
• sex,
• sexual orientation, or
• gender (including gender identity and expression). For the purpose of this definition the
  term “threats, intimidation or abuse” shall include verbal and nonverbal actions.

In some instances, bullying or harassment may constitute a violation of an individual’s civil rights. The District is mindful of its responsibilities under the law and in accordance with district policy regarding civil rights protections.

In order to streamline the wording of this policy and regulation the term bullying will be b used throughout to encompass harassment, intimidation, cyberbullying and hazing behaviors.

Prevention and Intervention
Personnel at all levels are responsible for taking corrective action to prevent bullying behavior of which they have been made aware at School District sites or activities and/or reporting such behavior to the DAC, Building Principal and his/her designee. Further, staff training shall be provided to raise awareness of the problem of bullying within the schools and to facilitate staff Prevention and intervention techniques within the District to prevent bullying behavior and to support and protect victims shall include buildinglevel and classroomlevel strategies and activities as determined by administration. Individual intervention will be provided by appropriate staff members to students and their parents to help ensure a safe learning environment for all.

Incident Reporting and Investigation
Any student who believes that he/she is being subjected to bullying behavior, as well as any other person who has knowledge of or witnesses any possible occurrence of bullying, shall report the behavior to any staff member, the Dignity Act Coordinator (DAC), or the Building Principal. If a report is made to someone other than the DAC, that staff member must make an oral report to the DAC within one school day and to fill out the District reporting form within two school days. An equitable and thorough investigation will be carried out by the DAC or Building Principal or his/her designee in accordance with the accompanying regulation. Verified bullying incidents that meet the criteria established by the state will be included in the statewide reporting system when applicable, in accordance with law and regulation.

Disciplinary Consequences/Remediation
While the focus of this policy is on prevention, acts of bullying may still occur. In these cases, offenders will be given the clear message that their actions are wrong and the behavior must improve. Student offenders will receive in-school guidance in making positive choices in their relationships with others. If appropriate, disciplinary action that is measured, balanced and age-appropriate will be taken by the administration in accordance with the District’s Code of Conduct, as applicable. If the behavior rises to the level of criminal activity, law enforcement will be contacted.

Consequences for a student who commits an act of bullying shall be unique to the individual incident and will vary in method and severity according to the nature of the behavior, the developmental age of the student, and the student’s history of problem behaviors, and must be consistent with the District’s Code of Conduct.

Prohibition of Retaliatory Behavior (Commonly Known as "WhistleBlower" Protection) Training
The Board recognizes that in order to implement an effective bullying prevention and intervention program, professional development is needed. The Superintendent, the districtwide DAC and the District Professional Development Team will incorporate training to support this program in new teacher orientation and the annual professional development plan, as needed. Training opportunities will be provided for all staff, including but not limited to bus drivers, cafeteria and hall monitors and all staff who have contact with students. The DACs will be trained in accordance with state requirements and will continue their professional development so as to successfully support this policy and program.

Dissemination, Monitoring and Review
This policy, or a plain language summary, shall be published in student registration materials, student, parent and employee handbooks, and posted on the District’s website. A bullying complaint form will be available on the District’s website. The District will ensure that the process of reporting bullying is clearly explained to students, staff and parents on an annual basis.

Each year, as part of the annual review of the Code of Conduct, this policy will be reviewed to assess its effectiveness and compliance with state and federal law. If changes are needed, revisions will be recommended to the Board for its consideration.

The District will ensure that reporting of information to the public in conjunction with this policy will be in a manner that complies with student privacy rights under the Family Educational Rights and Privacy Act (FERPA).

Civil Service Law Section 75-b

Cross-ref:

3410 Code of Conduct on School Property
District Code of Conduct

Revised: 3/5/13 Adopted: 4/3/13
Reviewed: 3/28/2017

8271 Children's Internet Protection Act: Internet Content Filtering/Safety Policy

In compliance with the Children's Internet Protection Act (CIPA) and Regulations of the Federal Communications Commission (FCC), the District has adopted and will enforce this Internet safety policy that ensures the use of technology protection measures (i.e., filtering or blocking of access to certain material on the Internet) on all District computers with Internet access. Such technology protection measures apply to Internet access by both adults and minors with regard to visual depictions that are obscene, child pornography, or, with respect to the use of computers by minors, considered harmful to such students. Further, appropriate monitoring of online activities of minors, as determined by the building/program supervisor, will also be enforced to ensure the safety of students when accessing the Internet.

Further, the Board of Education's decision to utilize technology protection measures and other safety procedures for staff and students when accessing the Internet fosters the educational mission of the schools including the selection of appropriate teaching/instructional materials and activities to enhance the schools' programs; and to help ensure the safety of personnel and students while online.
However, no filtering technology can guarantee that staff and students will be prevented from accessing all inappropriate locations. Proper safety procedures, as deemed appropriate by the applicable administrator/program supervisor, will be provided to ensure compliance with the CIPA.

In addition to the use of technology protection measures, the monitoring of online activities and access by minors to inappropriate matter on the Internet and World Wide Web may include, but shall not be limited to, the following guidelines:

1. Ensuring the presence of a teacher and/or other appropriate District personnel when students are accessing the Internet including, but not limited to, the supervision of minors when using electronic mail, chat rooms, instant messaging and other forms of direct electronic communications. As determined by the appropriate building administrator, the use of e-mail and chat rooms may be blocked as deemed necessary to ensure the safety of such students;
2. Monitoring logs of access in order to keep track of the web sites visited by students as a measure to restrict access to materials harmful to minors;
3. In compliance with this Internet Safety Policy as well as the District's Responsible Use Policy, unauthorized access (including so-called "hacking") and other unlawful activities by minors are prohibited by the District; and student violations of such policies may result in disciplinary action; and
4. Appropriate supervision and notification to minors regarding the prohibition as to unauthorized disclosure, use and dissemination of personal identification information regarding such students.

The determination of what is "inappropriate" for minors shall be determined by the District and/or designated school official(s). It is acknowledged that the determination of such "inappropriate" material may vary depending upon the circumstances of the situation and the age of the students involved in online research.

The terms "minor," "child pornography," "harmful to minors," "obscene," "technology protection measure," "sexual act," and "sexual contact" will be as defined in accordance with CIPA and other applicable laws/regulations as may be appropriate and implemented pursuant to the District's educational mission.

*Under certain specified circumstances, the blocking or filtering technology measure(s) may be disabled for adults engaged in bona fide research or other lawful purposes. The power to disable can only be exercised by an administrator, supervisor, or other person authorized by the School District.

The School District shall provide certification, pursuant to the requirements of CIPA, to document the District's adoption and enforcement of its Internet Safety Policy, including the operation and enforcement of technology protection measures (i.e., blocking/filtering of access to certain material on the Internet) for all School District computers with Internet access.

Notification/Authorization
The District's Responsible Use Policy and accompanying Regulations will be disseminated to parents and students in order to provide notice of the school's requirements, expectations, and student's obligations when accessing the Internet.

The District has provided reasonable public notice and has held at least one (1) public hearing or meeting to address the proposed Internet Content Filtering/Safety Policy prior to Board adoption. Furthermore, appropriate actions will be taken to ensure the ready availability to the public of the District's Internet Content Filtering/Safety Policy, as well as any other District policies relating to the use of technology.

Internet Safety Instruction
In accordance with New York State Education Law, the District may provide, to students in grades K through 12, instruction designed to promote the proper and safe use of the Internet. The Commissioner will provide technical assistance in the development of curricula for this course of study which will be age appropriate and developed according to the needs and abilities of students at successive grade levels in order to provide awareness, skills, information, and support to aid in the safe usage of the Internet.

Under the Protecting Children in the 21st Century Act, students will also be educated on appropriate interactions with other individuals on social networking websites and in chat rooms, as well as cyberbullying awareness and response.

Access to Inappropriate Content/Material and Use of Personal Technology or Electronic Devices
Despite the existence of District policy, regulations, and guidelines, it is virtually impossible to completely prevent access to content or material that may be considered inappropriate for students. Students may have the ability to access such content or material from their home, other locations off school premises, and/or with a student's own personal technology or electronic device on school grounds or at school events.

The District is not responsible for inappropriate content or material accessed via a student's own personal technology or electronic device or via an unfiltered Internet connection received through a student's own personal technology or electronic device.

47 United States Code (USC) Sections 254(h) and 254(l)
47 Code of Federal Regulations (CFR) Part 54
Education Law Section 814

Adopted: 2/9/10
Revised & adopted: 2/27/2018

7540 Dignity for All Students Act

The Board of Education recognizes that learning environments that are safe and supportive can increase student attendance and improve academic achievement. A student’s ability to learn and achieve high academic standards, and a school’s ability to educate students, is compromised by incidents of discrimination or harassment, including but not limited to bullying, cyberbullying, taunting and intimidation. Therefore, in accordance with the Dignity for All Students Act, Education Law, Article 2, the District will strive to create an environment free of discrimination and harassment and will foster civility in the schools to prevent and prohibit conduct which is inconsistent with the District’s educational mission.

The District condemns and prohibits all forms of discrimination and harassment of students based on such categories as actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (identity or expression), or sex by school employees or students on school property and at school-sponsored activities and events that take place at locations off school property.

"Harassment" and "bullying" shall mean the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying, that:

1. has or would have the effect of unreasonably and substantially interfering with a student's educational performance, opportunities or benefits, or mental, emotional or physical wellbeing; or
2. reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or
3. reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or
4. occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property.

For the purposes of this definition the term "threats, intimidation or abuse" shall include verbal and non-verbal actions. Cyberbullying means harassment or bullying that occurs through any form of electronic communication.

The District also prohibits all forms of hazing. Hazing is an induction, initiation or membership process involving harassment which produces public humiliation, physical or emotional discomfort, bodily injury or public ridicule or creates a situation where public humiliation, physical or emotional discomfort, bodily injury or public ridicule is likely to occur.

Dignity Act Coordinator
At least one (1) employee at every school shall be designated as the Dignity Act Coordinator(s). The Dignity Act Coordinator(s) will be thoroughly trained to handle human relations in the areas
of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (identity or expression) and sex. The Board of Education shall appoint the Dignity
Act Coordinator(s) and share the name(s) and contact information with all school personnel, students, and parents/person(s) in parental relation.

If a Dignity Act Coordinator vacates his/her position, another school employee shall immediately be designated for an interim appointment as Coordinator, pending approval from the Board of Education, within thirty (30) days of the date the position was vacated. In the event a Coordinator is unable to perform the duties of the position for an extended period of time, another school employee shall immediately be designated for an interim appointment as Coordinator, pending return of the previous Coordinator to the position.

Training
Training will be provided each school year for all District employees (including substitutes) in conjunction with existing professional development training to raise staff awareness and sensitivity of harassment and discrimination directed at students that are committed by students or school employees on school property or at a school function. Training will include ways to promote a supportive school environment that is free from discrimination and harassment, emphasize positive relationships, and demonstrate prevention and intervention techniques to assist employees in recognizing and responding to harassment and discrimination, as well as ensuring the safety of the victims.

Instruction in grades Kindergarten through 12 shall include a component on civility, citizenship and character education. Such component shall instruct students on the principles of honesty, tolerance, personal responsibility, respect for others, observance of laws, and rules, courtesy, dignity and other traits which will enhance the quality of their experiences in, and contributions to, the community. For the purposes of this policy, “tolerance,” “respect for others” and “dignity” shall include awareness and sensitivity to discrimination or harassment and civility in the relations of people of different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, genders (identity or expression) and sexes.

Prevention and Intervention
Personnel at all levels are responsible for taking corrective action to prevent bullying behavior of which they have been made aware at School District sites or activities and/or reporting such behavior to the DAC, Building Principal and his/her designee. Individual intervention will be provided by appropriate staff members to students and their parents / person(s) in parental relations to help ensure a safe learning environment for all.

Reports and Investigations of Discrimination and Harassment
The District will investigate all complaints of harassment and discrimination, either formal or informal, and take prompt corrective measures, as necessary. Any student who believes that he/she is being subjected to bullying behavior, as well as any other person who has knowledge of or witnesses any possible occurrence of bullying, shall report the behavior to any staff member, the Dignity Act Coordinator (DAC), or the Building Principal. School employees who witness or receive a report (oral or written) of harassment or discrimination must orally notify the Superintendent, Principal, or their designee no later than one (1) school day after witnessing or receiving a report of such incident. The employee must then file a written report within two (2) school days after making the oral report. Complaints will be investigated in accordance with applicable policies and regulations. If, after an appropriate investigation, the District finds that this policy has been violated, corrective action will be taken in accordance with District policies and regulations, the Code of Conduct, and all appropriate federal or state laws.

The District will annually report material incidents of discrimination and harassment to the StateEducation Department as part of the Uniform Violent and Disruptive Incident Reporting System
(VADIR).

The Principal of each school shall provide a regular report (at least once during each school year) on data and trends related to harassment and/or discrimination to the Superintendent and in a manner prescribed by the District.

Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)
Any person who has reasonable cause to suspect that a student has been subjected to discrimination or harassment by an employee or student, on school grounds or at a school function, who acts reasonably and in good faith and reports such information to school officials or law enforcement authorities, shall have immunity from any civil liability that may arise from making such report. The Board prohibits any retaliatory behavior directed at complainants, victims, witnesses and/or any other individuals who participated in the investigation of a complaint of discrimination or harassment.

Disciplinary Consequences/Remediation
While the focus of this policy is on prevention, acts of bullying may still occur. In these cases, offenders will be given the clear message that their actions are wrong and the behavior must improve. Student offenders will receive in school guidance in making positive choices in their relationships with others. If appropriate, disciplinary action that is measured, balanced and age appropriate will be taken by the administration in accordance with the District’s Code of Conduct, as applicable. If the behavior rises to the level of criminal activity, law enforcement will be contacted.

Consequences for a student who commits an act of bullying shall be unique to the individual incident and will vary in method and severity according to the nature of the behavior, the developmental age of the student, and the student’s history of problem behaviors, and must be consistent with the District’s Code of Conduct.

Dissemination, Monitoring and Review
This policy, or a plain language summary, shall be published in student registration materials, student, parent and employee handbooks, and posted on the District’s website. A bullying complaint form will be available on the District’s website. The District will ensure that the process of reporting bullying is clearly explained to students, staff and parents / person(s) in parental relations on an annual basis.

Each year, as part of the annual review of the Code of Conduct, this policy will be reviewed to assess its effectiveness and compliance with state and federal law. If changes are needed, revisions will be recommended to the Board for its consideration.

The District will ensure that reporting of information to the public in conjunction with this policy will be in a manner that complies with student privacy rights under the Family Educational Rights and Privacy Act (FERPA).

Adopted: June 19, 2012
Revised & approved June 23, 2015
Revised & approved August 21, 2018

5672 Information Security Breach and Notification

The Board of Education acknowledges the concerns regarding the rise in identity theft and the need for prompt notification when security breaches occur. To this end, the Board directs the Superintendent of Schools, in accordance with appropriate business and technology personnel, to establish regulations which:

• Identify the types of private information that is to be kept secure;
• Include procedures to identify and breaches of security that result in the release of private information; and
• Include procedures to notify persons affected by the security breach as required by law.

Any breach of the district's computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the district shall be promptly reported to the Superintendent and the Board of Education.

Ref:

State Technology Law, §208

Adoption date: 5/23/06
Reviewed: 11/7/2016

5800 Computer Use in Instruction - Responsible Use

The Brewster Central School District is committed to optimizing student learning and teaching. The district considers student access to digital learning resources, including the Internet, to be a powerful and valuable educational and research tool, and encourages the use of computers and other web enabled technology in district classrooms for the purpose of advancing and promoting learning, student engagement, and teaching.

Digital learning resources can provide a powerful forum for learning and the use of software applications, online databases, collaborative tools, and other web based forums can significantly enhance learning experiences and provide global communication opportunities for staff and students.

The Director of Technology and Innovation shall establish regulations governing the use and security of the district's computer network. All users of the district's computer network and equipment shall comply with this policy and those regulations. Failure to comply may result in disciplinary action as well as suspension and/or revocation of computer access privileges.

The Director of Technology and Innovation shall oversee the use of district computer resources. S/he will coordinate the preparation of in-service programs for the training and professional learning of district staff in computer skills, and for the incorporation of digital learning in all subject areas.

The Director of Technology and Innovation, working in conjunction with the district’s purchasing agent, and the district’s technology committee, will be responsible for the purchase and distribution of computer software and hardware throughout district schools. S/he shall prepare and submit for the Superintendent’s approval a comprehensive multi-year technology plan which shall be revised as necessary to reflect changing technology and/or district needs.

Adopted 8/22/2000
Revised: 4/12/2016
Adopted: 5/10/2016
Revised & adopted: 1/11/2017