The Americans with Disabilities Act (ADA) is a federal civil rights law that aims to prevent discrimination against people with disabilities in various aspects of life. 

Purpose and Scope:

• The ADA was enacted to provide a clear and comprehensive national mandate for eliminating discrimination against individuals with disabilities.
• It covers a wide range of areas, including employment, public services, public accommodations, and telecommunications.

Definition of Disability:

• A person with a disability is someone who:
  • Has a physical or mental impairment that substantially limits one or more major life activities.
  • Has a history or record of such an impairment (e.g., cancer in remission).
  • Is perceived by others as having such an impairment (e.g., visible scars from a severe burn).

Protections and Guarantees:

• The ADA ensures that people with disabilities have the same opportunities as everyone else to:
  • Enjoy employment opportunities.
  • Purchase goods and services.
  • Participate in state and local government programs.
  • Examples of Disabilities Covered:
  • Disabilities can vary widely, and the ADA does not list all of them. Some examples include:
  • Cancer
  • Diabetes
  • Post-traumatic stress disorder (PTSD)
  • HIV
  • Autism
  • Cerebral palsy
  • Deafness or hearing loss
  • Blindness or low vision
  • Epilepsy
  • Mobility disabilities (requiring wheelchairs, walkers, or canes)
  • Intellectual disabilities
  • Major depressive disorder
  • Traumatic brain injury

Application of the ADA:

• The ADA sets out requirements for various situations encountered in everyday life:
  • Employers (Title I): Employers with 15 or more employees must provide equal opportunities to people with disabilities.
  • State and local governments (Title II): They must follow ADA requirements.
  • Businesses open to the public (Title III): Public accommodations, commercial facilities, and transportation providers must comply.
  • Telecommunication companies (Title IV): Ensures access to communication services.

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For further information visit the ADA site

 

The Asbestos Hazard Emergency Response Act (AHERA) is a US federal law enacted in 1986 by the 99th United States Congress and signed into law by President Ronald Reagan. Its purpose is to protect students and school employees from asbestos exposure in school buildings. 

Inspections and Management:

• Public and non-profit private schools, including charter schools and those affiliated with religious institutions, are required to:
• Inspect their schools for asbestos-containing building material.
• Prepare management plans to prevent or reduce asbestos hazards.
• The focus is on in-place management of asbestos-containing material, and removal is typically not necessary unless the material is severely damaged or will be disturbed during building demolition or renovation.

Training and Accreditation:

• Personnel working on asbestos activities in schools must be trained and accredited according to The Asbestos Model Accreditation Plan.
• If asbestos removal during renovation is warranted or school buildings will be demolished, schools must comply with the Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP).

Ongoing Requirements:

• Schools must perform an original inspection to identify asbestos-containing materials and then re-inspect every three years.
• They must develop, maintain, and update an asbestos management plan that includes recommended response actions, asbestos locations, and repair/removal actions.
• Schools provide yearly notification to parent, teacher, and employee organizations about the availability of the management plan and any asbestos-related actions taken or planned.
• Regular surveillance of known or suspected asbestos-containing materials is essential.
• Custodial staff receive asbestos-awareness training.

Purpose and Implementation:

• AHERA aims to ensure safe conditions in schools by addressing asbestos risks while minimizing unnecessary removal.
• State and local agencies may have more stringent standards than those required by the Federal government.

For further information visit the AHERA site

 

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Annual Asbestos Notification Notice:

The Asbestos Hazard Emergency Response Act (AHERA) requires school districts to annually inspect and identify asbestos-containing building materials, and to notify those who have access to the buildings of the condition of the asbestos. Additionally, a management plan must be developed outlining how the district intends to control the potential for exposure and maintain the materials in a safe condition. Our management plan, as determined by ongoing inspections, indicates that our buildings are free from friable, asbestos-containing materials. 

A copy of the district’s management plan is on file at each school as well as tat the District Administration Office. Individual builging inspections are on file in each principal’s office. 

 

The Children’s Online Privacy Protection Act (COPPA), is a U.S. federal law designed to safeguard the privacy and personally identifying information of children under the age of 13 who use online services.

Purpose:

• COPPA aims to protect children’s online privacy by requiring parental consent before collecting personal information from kids.

Applicability:

• It applies to websites and online services directed at children under 13, as well as those that knowingly collect personal information from children.

Requirements:

• Parental Consent: Operators must obtain verifiable parental consent before collecting or using children’s data.
• Data Security: Operators must maintain reasonable data security practices.
• Disclosure: Websites must provide clear and concise privacy policies.
• Exceptions: COPPA allows for certain exceptions, such as data collection for educational purposes, internal operations, and parental review.
• Enforcement: The Federal Trade Commission (FTC) enforces COPPA and can impose penalties for non-compliance.

 

 

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View the full text of the law 

 

The Dignity for All Students Act (DASA), is a New York State law that aims to create a safe and supportive learning environment for public elementary and secondary school students.

Purpose:

• The Dignity Act seeks to protect students from discrimination, intimidation, taunting, harassment, and bullying on school property, school buses, and during school functions.

Coverage:

• It applies to students, teachers, and administrators within New York State’s public schools.

Requirements:

• Schools must foster an environment free from discrimination and harassment.
• Measures should be in place to address incidents of bullying and promote inclusivity.
• Training programs are provided to educators and staff to enhance awareness and response to such issues.

Resources:

• The New York State Education Department provides information and guidance on DASA, ensuring that schools uphold the rights and well-being of all students

 

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View the full text of the law

 

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The Babylon Code of Conduct has incorporated the Dignity Act, which was created to give students an educational environment free of discrimination and harassment. The Dignity Act protects all individuals in publi schools in New York State from discrimination, harassment and persecution on the bases if actual or perceived characteristics of race, color, weight, national origin, ethnic group, religion, religious practice, sex/gender, sexual orientation, gender identity, disability or other. 

Protection is not limited to the groups or characteristics listed above. For example, individuals are protected if they are harassed because of their socioecomomic status even though “socioeconomic” is not explicitly listed. An individual harassed for their height in either direction or their accent or speech style would be considered protected even though “heght” and “accent” are not explicitly listed. The intent of the Dignity Act is to create a safe, nonthreatening environment for ALL individuals in schools. 

Dignity Act Coordinators have been appointed by the Board of Education for each school:

• BHS: Al Cirone, Melissa Callahan, Mike Collins
• BMGS: Lauren Fretto
• Elementary School: Thomas Keogh

The district’s Title IX Officer is Jeff Haubrich, Assistant Superintendent for Curriculum and Instruction. Principals are also compliance officers in their buildings. 

 

The Every Student Succeeds Act (ESSA) is the primary education law for public schools in the United States. 

Purpose and Background:

• ESSA was signed into law by President Obama on December 10, 2015.
• It reauthorized the 50-year-old **Elementary and Secondary Education Act (ESEA), which has been a longstanding commitment to equal opportunity for all students.
• ESSA replaced the previous law known as No Child Left Behind (NCLB), enacted in 2002.

 

Equity and Accountability:

• ESSA advances equity by upholding critical protections for disadvantaged and high-need students.
• For the first time, it requires that all students in America be taught to high academic standards, preparing them for success in college and careers.
• Annual statewide assessments provide vital information on students' progress toward these standards.

 

Local Innovations and Investments:

• ESSA supports and encourages local innovations, including evidence-based interventions developed by local leaders and educators.
• It sustains and expands investments in high-quality preschool.
• The law maintains accountability for low-performing schools, ensuring positive change where needed.

 

History of ESEA:

• The Elementary and Secondary Education Act (ESEA) was signed into law in 1965 by President Lyndon Baines Johnson.
• ESEA was a civil rights law from the start, offering grants to districts serving low-income students, funding for special education centers, and scholarships for low-income college students.

 

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View the full text of the law
 

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Pursuant to the ESSA, parents have the right to have their children excused from participation in any survey that collects, discloses or uses information regarding certian types of personal behavior or political beliefs, as well as the right to exclude their children from any activities that request personal student information for marketing purposes. 

• Regarding military recruiters, parents have the right to request that the district not release the student’s name, address and telephone listing to military recruiters. 
• Regarding state testing, the school district provides parents information on the achievement level of their children on each of the state academic assessments. 
• Parents in districts that recieve Title I funding have the right to request and receive information regarding the professional qualifications fo their child’s classroom teacher(s) and assistant(s). 
• Parents in district that recieve Title I and Title III funding have hte right to know within 30 days of the beginning of the school year that their children have been identified as needing training for limited English proficiency. 
• NYS ESSA-funded programs include Title I (parts A, C and D), Title II, Title III, Title IV and Title V. Complaints regarding the administration and any implementation of any of the programs listed should first be addressed to the Superintendent of Schools. If the local district does not resolve the complaint within 30 days, the complaint may be sent to NYSED at conappta@nysed.gov or mailed to:

NYS Ed Dept. 

Office if ESSA-Funded Programs

89 Washington Ave, Room 320 EB

Albany, NY 12234

 

The Freedom of Information Law (FOIL) is a state law that ensures transparency and accountability by granting citizens the right to access previously unreleased or uncirculated information and documents controlled by state or local government agencies, municipalities, or other public authorities upon request.

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Purpose:

• The primary function of FOIL is to ensure that informed citizens play a vital role in the functioning of a democratic society. It allows individuals to seek access to public records held by state and local agencies.

How It Works:

• Request Process: If you want to access specific information, you can file a FOIL request with the relevant agency. State websites provide guidance on creating your request.
• Disclosure: FOIL requires agencies to disclose requested information unless it falls under specific exemptions (e.g., national security, personal privacy, trade secrets).
• Exemptions: There are several exemptions that protect certain types of information from disclosure.
• Special Law Enforcement Record Exclusions: Certain exclusions apply to law enforcement records.

Benefits:

• Informed Citizens: FOIL empowers citizens by allowing them to understand government actions and decisions.
• Accountability: It holds public authorities accountable for their actions and promotes transparency.

FOIL is the law that keeps citizens informed about their government

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View the full text of the law

 

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When submitting a FOIL request, be as specific as possible in describing the requested records. Include relevant dates, names and descriptions.
Specify where to send the records and how you want them sent (e.g., mail, email or fax). We will notify you of any charge for reproducing any responsive records before they are sent to you.
Include your email, mailing address and a telephone number where you can be reached during business hours.

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This subject matter list provides a reference of subjects or file categories under which records are maintained by the Babylon Union Free School District. This list is not a compilation of every record used by the District to conduct daily business functions.

Not all records listed here are publicly available under the Freedom of Information Law (FOIL). Under FOIL, certain records are exempt from disclosure. For example, the District may deny access to certain records if such disclosure would constitute an unwarranted invasion of personal privacy or if the records are rendered confidential by federal or state law.

Pursuant to New York Public Officers Law§ 87(3)(c), the Babylon Union Free School District is required to maintain and post on its website a reasonably detailed current list by subject matter of all records in its possession. For purposes of meeting this mandate, the District has the following records in its possession:

Applicable school district records as described in the LGS-1 Retention Schedule published by the New York State Archives governing retention and disposition of records.

Please note that the LGS-1 schedule replaced the ED-1 Retention Schedule which previously governed retention and disposition of school district records.

 

These records include but are not limited to:

• Administrative files, plans, and reports
• Audit Reports
• Board minutes and agendas
• Board policies and administrative regulations
• Contracts and agreements
• Election and voting records
• Equipment and Supply inventories
• Financial records
  • Budgets
  • Accounts Payable
  • Accounts Receivable
  • Bonds
  • Financial Statements
• Grant programs
• Insurance policies and records
• Oaths of office
• Purchasing and procurement
• School safety plans and records
• Student records, including academic records, attendance records, health records, special education records, disciplinary records
• Taxation/tax levy

 

Accountability:

• Accountability Plans
• Accountability Plan Progress Reports
• Enrollment and Retention Targets Information
• School Visit Reports

 

Human Resource Records:

• Attendance records, time sheets, leave records
• Benefits and Health Insurance Administration
• Civil Service Lists, Canvass Letters, Responses, Resumes
• Equal employment opportunity records
• Evaluations and performance reviews/appraisals
• Investigative records and disciplinary proceedings
• Labor Relations records, including grievance and arbitration records
• Payroll Processing and related forms
• Personnel files
• Training
• Union contracts
• Workers' Compensation files
• Workforce information

 

Information Technology:

• Hardware
• Software
• Usage/access records
• Security records
• Support records
• Website

 

Miscellaneous:

• Building Admittance and Visitor Logs
• Code Compliance records
• Commencement records
• Facilities planning, building, and construction
• FOIL requests and appeals
• Incident/Accident and internal investigation records
• Inspection and permits
• Legal matters and appeals
• Maintenance/repair records
• Program files
• Publications
• Press releases
• School transportation
• SEQRA

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You can submit a FOIL by three methods: mail, in-person or the electronic form below.

In Person:

• Written requests may be submitted in person at the Babylon UFSD Central Office located at 50 Railroad Avenue, Babylon, NY 11702, between 9:00 a.m. and 3:00 p.m. on weekdays.
• Upon entering the main entrance, advise security that you are visiting to submit a request for FOIL records.
• Records require review prior to release. As a result, documents and records will not be immediately available.

Mail:

FOIL Officer - Business Office
Babylon UFSD
50 Railroad Avenue
Babylon, NY 11702

Electronic Form:

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You will be notified in writing if the FOIL request is denied to records in whole or in part. You then will have 30 days to file a written appeal with the Business Office. Please include a copy of the original request for records, a copy of the FOIL response you received, and your appeal.

Mail:
FOIL Appeals Officer - Business Office
Babylon UFSD
50 Railroad Avenue
Babylon, NY 11702

Family Educational Rights and Privacy Act (FERPA), is a Federal law that safeguards the privacy of student education records. It applies to all schools that receive funds from the U.S. Department of Education.

Purpose:

FERPA ensures that parents and eligible students have certain rights regarding their children’s education records.
Eligibility: These rights extend to students when they reach 18 years of age or attend a school beyond high school.

Rights Under FERPA:

• Inspection and Review: Parents or eligible students can inspect and review education records maintained by the school.
• Correction: If records are inaccurate or misleading, parents or eligible students can request corrections.
• Formal Hearing: If the school refuses to amend records, a formal hearing can be requested.
• Statement Placement: If disagreements persist, a statement expressing the student’s view can be added to the record.
• Disclosure Consent: Generally, schools need written permission to release information from a student’s education record.

Exceptions:

• FERPA allows disclosure without consent in specific cases, including:
  • School officials with legitimate educational interest
  • Transfer to other schools
  • Audit or evaluation purposes
  • Financial aid administration
  • Studies conducted on behalf of the school
  • Accrediting organizations
  • Compliance with legal orders or subpoenas
  • Health and safety emergencies
  • Juvenile justice system (as per state law)
  • Directory Information: Schools may disclose “directory” information (e.g., name, address, honors) without consent, but must inform parents and eligible students

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View the full text of the law

 

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Annual FERPA Notification:

Under FERPA, the district has the option of designating certain categories of student information as “directory information”. The Board directs that “directory information” include a student’s:

• Name of student and parent(s)/guardians
• ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic systems (only if the ID cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the student’s identity) Address (except information about a homeless student’s living situation, as described below)
• Telephone number
• Date and place of birth
• Major course of study/grade level
• Dates of attendance,
• Degrees and awards received
• Most recent school attended
• Grade level
• Photograph
• E-mail address
• Enrollment status
• Participation in recognized school activities/extracurricular activities/sports programs
• Academic honors, achievements, awards, scholarships

Information about a homeless student’s living situation will be treated as a student educational record and will not be deemed directory information. A parent/guardian or eligible student may elect, but cannot be compelled, to consent to release of a student’s address information in the same way they would for other student education records. The district’s McKinney-Vento liaison will take reasonable measures to provide homeless students with information on educational, employment, or other postsecondary opportunities and other beneficial activities.
Social security numbers or other personally identifiable information will not be considered directory information.

Students who opt out of having directory information shared are still required to display their student ID cards.

Once the proper FERPA notification is given by the district, a parent/guardian or student will have 14 days to notify the district of any objections they have to any of the “directory information” designations. If no objection is received, the district may release this information without prior approval of the parent/guardian or student for the release. Once the student or parent/guardian provides the “opt-out,” it will remain in effect after the student is no longer enrolled in the school district. 

Please use the form below addressed to the Superintendent of Schools: 

• Babylon UFSD – FERPA Opt-Out Form: English | Spanish
   

File a complaint with the United States Department of Education

 

The Health Insurance Portability and Accountability Act (HIPAA), is a U.S. federal law that governs what information is protected, and how protected health information can be used and disclosed. 

Purpose and Background:

• HIPAA was enacted in 1996 with several key objectives:
• Enable workers to carry forward healthcare insurance between jobs.
• Prohibit discrimination against beneficiaries with pre-existing health conditions.
• Guarantee coverage renewability in multi-employer health insurance plans.

Privacy Rule:

• The Privacy Rule establishes national standards for the protection of certain health information.
• It applies to covered entities, such as healthcare providers, health plans, and healthcare clearinghouses.

Key elements include:

• Defining protected health information (PHI) and how it can be used and disclosed.
• Balancing privacy with the flow of health information needed for quality care and public health.
• Enforcing compliance through the Office for Civil Rights (OCR).

Security Rule:

• The Security Rule focuses on safeguarding electronic protected health information (ePHI).
• It outlines measures to protect the integrity, confidentiality, and availability of e-PHI held or transmitted by covered entities.

Overall Impact:

• HIPAA ensures the confidentiality, integrity, and availability of patient health information.
• It plays a crucial role in maintaining privacy while allowing necessary information flow for healthcare and public health purposes

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View the full text of the law

 

 

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The Health Insurance Portability and Accountability Act of 1996 (HIPPAA) protects the use and disclosure of an individual’s protected health information. Protected health information is defined under the HIPAA Privacy Rules as individually identifiable helath information that relates to the past, present or future physical or mental health or condition of an individual that either identifies or potentially identifies an individual. Education records as defined under FERPA are excluded from the Privacy Rules.

 

The Individuals with Disabilities Education Act (IDEA) is a significant American legislation that ensures students with disabilities receive a Free Appropriate Public Education (FAPE) tailored to their individual needs. Previously known as the Education for All Handicapped Children Act (EHA) from 1975 to 1990, IDEA guarantees that children with disabilities have access to special education and related services throughout the nation.

In essence, IDEA makes available a free appropriate public education to eligible children with disabilities and ensures they receive necessary special education and related services. It’s a crucial framework that supports children, families, educators, and service providers in their commitment to the well-being and development of children with disabilities.

Further inforamation can be found on the IDEA website

 

Megan’s Law in New York State (NYS) is a crucial legal framework designed to enhance community safety by providing information about registered sex offenders. 

New York State Sex Offender Registry:

• The New York Division of Criminal Justice Services (DCJS) maintains the Sex Offender Registry.
• This registry offers information to the public, law enforcement agencies, businesses, and other entities about individuals required to register as sex offenders in New York.
• The Sex Offender Registration Act (commonly referred to as Megan’s Law) outlines the registration process, risk levels, and obligations for registered individuals.

Risk Levels:

• Registered sex offenders are categorized into three risk levels:
• Level 1: Low risk of re-offense.
• Level 2: Medium risk of re-offense.
• Level 3: High risk of re-offense.

A judge determines an offender’s risk level after a court hearing.
The type of information available to the public depends on the risk level assigned to the individual.

Public Access to Information:

• DCJS maintains an online directory of individuals with Level 2 or 3 risk of re-offense.
• Members of the public can search this directory to find information about these offenders.
• Additionally, individuals can register with NY-ALERT to receive notifications when a Level 2 or 3 offender listed in the online directory relocates.
• For Level 1 offenders (low risk), a toll-free telephone number provides limited address information based on zip codes.
• The public can access details such as residence addresses, current and prior crimes of conviction, photographs (if available), vehicle information, and parole or probation conditions.

Notification to School Districts:

• Widely known as Megan’s Law, the New York State Sex Offender Registration Act requires local law enforcement to notify school districts about registered sex offenders residing within their boundaries.
• This notification helps schools take necessary precautions to protect students and staff.

Megan’s Law aims to empower communities with knowledge about sex offenders, fostering safety and awareness. 

 

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Sex Offenders Registry Information

Parents for Megan’s Law

 

 

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In order to provide residents with information concerning convicted sex offenders who are living or working within the boundaries of the Babylon School District, the district takes advantage of a no-cost sex offender alert notification program.

The service allows subscribers to be informed of any sex offender notifications, not just offenders residing within school boundaries, but also those implemented within Nassau and Suffolk Counties. Participation in this service offers a more timely notification of these incidents at no cost to residents and prevents educational resources from being used on costly mailings to inform community members. Through this program, offered by Parents For Megan’s Law (PFML – link above), registered subscribers will receive an email informing them of any new sex offender’s presence and direct them to a website where they can access a full copy of the notification.

The Protection of Pupil Rights Amendment (PPRA), also known as the Hatch Amendment, is a federal law enacted in 1978. Its purpose is to safeguard the rights of pupils and their parents in programs funded by the United States Department of Education.

Inspection of Instructional Materials:

• Parents or guardians have the right to inspect all instructional materials, including teacher’s manuals, films, tapes, or other supplementary materials used in connection with any survey, analysis, or evaluation as part of an applicable program. This ensures transparency and allows parents to understand the educational content provided to their children.

Limits on Surveys and Evaluations:

• No student can be compelled to participate in a survey, analysis, or evaluation that reveals sensitive information without prior consent.
  • The protected categories include:
    • Political affiliations or beliefs of the student or their parent.
    • Mental or psychological problems of the student or their family.
    • Sexual behavior or attitudes.
    • Illegal, anti-social, self-incriminating, or demeaning behavior.
    • Critical appraisals of close family relationships.
    • Religious practices, affiliations, or beliefs.
    • Income, except as required by law for program eligibility or financial assistance.

Local Policies and Parental Rights: Local educational agencies that receive funds under applicable programs must develop and adopt policies, in consultation with parents, regarding:

• Parental access to surveys: Parents have the right to inspect surveys created by third parties before they are administered to students.
• Student privacy protections: Agencies must address privacy concerns related to surveys containing sensitive information.
• Administration of certain physical examinations to minors: Parents must be informed and consent to specific medical examinations.

The PPRA ensures that parents are informed, involved, and have control over their children’s educational experiences.

For further information visit the PPRA website

 

No Child Left Behind (NCLB) was a significant U.S. federal law for K–12 general education from 2002 to 2015. It aimed to improve student performance by holding schools accountable for how children learned and achieved. Here are the key components:

Accountability for Results:

• NCLB used a standards-based model, requiring states to teach and test students to measure progress.
• Schools were held accountable for academic student achievement, especially when goals were not met.
• Data was disaggregated to track progress among subgroups of students considered at-risk.

Emphasis on Evidence-Based Practices:

• NCLB encouraged practices backed by scientific research.
• Schools were expected to adopt methods proven effective in improving student outcomes.

Parental Involvement and Options:

• The law emphasized parental engagement in education.
• Parents had the right to choose alternative schools or services if their child’s school consistently underperformed.

Local Control and Flexibility:

• While promoting accountability, NCLB also allowed for local flexibility.
• Schools had some autonomy in implementing strategies to meet goals.

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Further information can be found on the NCLB website

 

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Under No Child Left Behind, districts are required to release student information, including names, addresses and telephone numbers, to milutary recruiters and officials of institutions of higher education (§9528 of the ESEA). Prarents wishing to exercise an “opt-out” option must notify the Superintendent in writing. 

Unless onjection to any of the specific items of information is submitted in writing by parents or legal guardians, or by those students theselves who are 18 years of age and older, the district gives notice of intention to provide, release or publish in the district newsletter, school or student newspaper, magazines, yearbooks, or other publications, daily or weekly newspapers, athletic programs, musical or theatrical programs and news releases any and/or all of the following information pertaining to students as may be appropriate under the circumstances; name of student, names of parents, address, age, height, weight, grade, photo, major field of study, participation in recognized school activities, extracurricular activities and sports programs, academic honors, achievements, awards, scholarships and similar information. Under Title 45, U.S. Code, Part 99, Provacy Rights of Parents and Students, parents or students 18 years of age or older who do not wish the release of any of the above directory information must make a specific request in writing to the Superintendent of Schools by September 30 of the current school year. Failure to make such a request shall be deemed consent to release, provide or publish directory information during the school year. 

 

The Babylon Union Free School District does not discriminate on the basis of race, color, national origin, sex, disability, or age in its programs and activities. The following person has been designated to handle inquiries regarding the non-discrimination policies:

Office of the Assistant Superintendent for Curriculum, Instruction and Personnel
50 Railroad Avenue
Babylon, New York, 11702
631-893-7924

 

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Food Services Notice of Non-Discrimination

 

New York State Education Law 2-d and Part 121 of the Commissioner’s Regulations

Part 121 of the Regulations of the Commissioner of Education in New York State is a crucial framework that addresses data privacy and security in educational agencies. 

Purpose and Implementation:

• Part 121 implements Education Law Section 2-d.
• It provides guidance to educational agencies and their third-party contractors on ways to strengthen data privacy and security.
• The goal is to protect student data and annual professional performance review (APPR) data.

Scope:

• These regulations apply to both charter and traditional public schools, as well as Chapter 853 Schools, Universal Prekindergarten Programs, Special Act School Districts, approved preschool special education services, and other publicly funded pre-kindergarten programs.
• They also cover state-supported schools, Boards of Cooperative Educational Services, and the State Education Department.

Parent’s Bill of Rights:

• Educational agencies must publish a parent’s bill of rights for data privacy and security as required by the current Education Law 2-d.
• This bill of rights must be included with every contract with a third-party contractor that receives personally identifiable information (PII).
• These regulations play a critical role in safeguarding sensitive educational data and ensuring compliance with privacy standards

 

 

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View the full text of NYS Ed Law 2d part 121 Regulations

View Babylon UFSD Data Privacy and Security Policies and Procedures 

 

New York Education Law Section 409-H, effective July 1, 2001, requires all public and non-public elementary and secondary schools to provide written notification to all persons in parental relation, faculty, and staff regarding the potential use of pesticides periodically throughout the year.

The Babylon School District is required to maintain a list of persons in parental relations, faculty, and staff who wish to receive 48-hour prior written notification of certain pesticide applications. The following applications are not subject to prior notification requirements:

A school remains unoccupied for a continuous 72-hours following application:

• Anti-microbial products
• Nonvolatile rodenticides in tamper resistant bait stations in areas inaccessible to children
• Silica gels and other nonvolatile ready-to-use pastes, foams or gels in areas inaccessible to children
• Boric acid and disodium octaborate tetrahydrate
• The application of EPA designated biopesticides
• The application EPA designated exempt materials under 40CFR152.25
• The use of aerosol products with a directed spray in containers of 18 fluid ounces or less when used to protect individuals from an imminent threat from stinging and biting insects including venomous spiders, bees, wasps, and hornets.

In the event of an emergency application necessary to protect against an imminent threat to human health, a good faith effort will be made to supply written notification to those on the 48-hour prior notification list.

 

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If you would like to receive 48-hour notifications of pesticide applications that are scheduled to occur in your school building, please fill out the form below:

 

 

New York State Laws and regulations require all public school districts and Boards of Cooperative Educational Services (BOCES) to test drinking water for lead contamination. They must also act when results from compliance sampling for lead exceed the actionable threshold. When results from compliance sampling/samples of any fixture exceed the lead action level (5 micrograms per liter), it must be immediately taken out of service until actions are taken to mitigate the lead levels. Schools must notify staff, parents, and guardians of students in writing when outlets exceed the action level indicating contamination. They also need to maintain remediation plans implemented and test results, including the full laboratory reports, on their website.

Plumbing materials may add lead to drinking water. The materials include pipes, new brass faucets, and fittings, as well as valves (including those advertised as lead-free). Water not consistently in use runs the risk of having higher lead levels if the plumbing contains lead. This is why it is important to identify and address elevated levels of lead in drinking water in schools as part of reducing a child’s overall exposure to lead in the environment.

Revisions to Public Health Law (PHL) §1110, which governs school potable water testing and standards, went into effect December 22, 2022. The key revisions to the law which will require changes to Subpart 67-4 include:

• The revised action level of lead in drinking water is 5 parts per billion (ppb), reduced from 15 ppb.
• School buildings deemed “lead-free” are no longer exempt from testing requirements.
• Should it be necessary to provide water to school occupants following an outlet being taken out of service due to an action level exceedance, it must be provided free of charge.
• Copies of lead sampling results including laboratory reports and any lead remediation plans must be made available to the public and posted on the school’s website.
• Compliance testing will occur on a triennial (every 3 years) schedule.

 

For further information visit the NYS Health Department website

 

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The audit reports can be found under Our District > Administration > Assistant Superintendent for Business > Audit Reports and Financial Statement

The Rehabilitation Act of 1973 is a federal law that serves to protect the rights of individuals with disabilities. Here are the key points about this important legislation:

Purpose and Scope:

• The Rehabilitation Act was enacted to replace the Vocational Rehabilitation Act.
• It extends and revises the authorization of grants to states for vocational rehabilitation services.
• The law emphasizes services for individuals with the most severe disabilities.
• It also expands special federal responsibilities, research, and training.

Sections of the Rehabilitation Act:

• Section 501: Prohibits employment discrimination against individuals with disabilities in the federal sector.
• Section 505: Contains provisions governing remedies and attorney’s fees under Section 501.
• Section 705: Defines terms used in the Act, including “individual with a disability” and “illegal use of drugs.”

Definition of “Individual with a Disability”:

• The term “individual with a disability” means, for purposes of various sections of the Act:
  • Any person who has a disability as defined in Section 12102 of Title 42.
• The Act covers various subchapters, including vocational rehabilitation services and other related areas.

Drug Use and Disability:

• The Act defines “drug” as a controlled substance according to the Controlled Substances Act.
• “Illegal use of drugs” refers to drug use that is unlawful under the Controlled Substances Act.
• However, it does not include drug use under supervision by a licensed health care professional or other authorized uses.

 

 

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For further information visit Equal Employment Opportunity Commission Site

 

 

Section 204 of the Healthy, Hunger-Free Kids Act of 2010 focuses on several aspects related to student wellness in schools. 

Local School Wellness Policy Implementation:

• Each local educational agency (LEA) is required to establish a local school wellness policy for all schools under its jurisdiction.

The wellness policy must include goals for:

• Nutrition: Promoting healthy eating habits.
• Nutrition education: Educating students about making nutritious choices.
• Physical activity: Encouraging active lifestyles.
• Other school-based activities that enhance student wellness.

Equity in School Lunch Pricing:

• This section aims to ensure fairness in pricing for school lunches.
• It addresses disparities in meal costs and strives for equitable access to nutritious meals for all students.

Revenue from Nonprogram Foods Sold in Schools:

• Schools often sell nonprogram foods (items not part of the official meal program).
• Section 204 addresses how revenue generated from these sales can be used to support student wellness initiatives.

Section 204 emphasizes the importance of local wellness policies, equitable pricing, and utilizing nonprogram food revenue to promote student health and well-being in schools.

 

 

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For further information please visit NYSED Local School Wellness Policy site

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Given the documented connection between proper nutrition, adequate physical activity and educational success, the Board of Education adopts the following goals and authorizes the following actions to provide district students with a school environment that promotes student health and wellness and reduces childhood obesity.

For purposes of this policy, “school campus” means all areas of district property accessible to students during the school day; “school day” means the period from the midnight before to 30 minutes after the end of the official school day; and “competitive food” means all food and beverages other than meals reimbursed under federal food programs available for sale to students on the school campus during the school day.

I. Foods and Beverages Available for Sale to Students on School Campus During the School Day

The Board recognizes that a nutritious, well-balanced, reasonably- portioned diet is essential for student wellness. To help students possess the knowledge and skills necessary to make nutritious food choices for a lifetime, the district shall ensure that all foods and beverages available in school promote good nutrition, balance, and reasonable portion sizes. The district shall ensure that all foods and beverages available for sale to students on the school campus during the school day meet or exceed the program requirements and nutrition standards found in federal regulations.

To accomplish this, the Board directs that the district serve healthy and appealing foods and beverages at district schools, following state and federal nutrition guidelines, as well as safe food preparation methods.

School Meals

1. Include fruits, vegetables, salads, whole grains, and low fat items at least to the extent required by federal regulations.
2. Encourage students to try new or unfamiliar items.
3. Make efforts to ensure that families are aware of need-based programs for free or reduced-price meals and encourage eligible families to apply.
4. Consider serving produce and food from local farms and suppliers.
5. Make free drinking water available at locations where meals are served.

Meal Scheduling

1. Provide adequate time to eat.
2. Schedule lunchtime between normal lunch hours (11 a.m. - 1 p.m.)

Foods and Beverages Sold Individually (a la carte, vending machines, school stores) the district shall:

1. Ensure that all such items meet the nutrition standards set in federal regulations for competitive foods regarding whole grains, fruits, vegetables, calories, fat, saturated fats, trans fats, sugar, sodium and caffeine.
2. Permit the sale of fresh, frozen or canned fruits and vegetables, if processed pursuant to federal regulations, as exempt from the nutrition standards.
3. Work with existing vendors or locate new vendors that will comply with nutrition standards.

Fund Raising Activities- the district shall:

1. Encourage that all fundraisers selling food or beverages to students on school campus during the school day meet the nutrition standards set in federal regulations for whole grains, fruits, vegetables, calories, fat, saturated fats, trans fats, sugar, sodium, and caffeine.
2. Promote non-food items to sell, or activities (physical or otherwise) in which to participate.

Celebrations- the district shall:

1. Set guidelines for the frequency and content of classroom and school-wide celebrations where food is served.
2. Promote the use of food items which meet the standards for competitive foods and beverages and promote non-food activities, and discourage foods and beverages which do not meet those standards, at celebrations.
3. Model the healthy use of food as a natural part of celebrations.

II. Physical Activity

Physical activity is an important factor in staying healthy and being ready to learn. The Board encourages every student to develop the knowledge and skills necessary to perform a variety of physical activities, to regularly participate in physical activity, and to appreciate and enjoy physical activity as an ongoing part of a healthy lifestyle. In addition, staff, families, and community are encouraged to participate in and model physical activity as a valuable part of daily life. The district’s Physical Education program shall adhere to the curricular requirements of the Commissioner of Education and the New York State Learning Standards.

Physical Education

1. Students shall engage in physical education for at least the minimum number of hours or days per week under State requirements.
2. Physical Education classes shall incorporate the appropriate NYS Learning Standards.
3. Promote, teach and provide opportunities to practice activities that students enjoy and can pursue throughout their lives (e.g., yoga, fitness walking, step aerobics).
4. The performance of physical activity shall not be used as a form of discipline or punishment.

Recess

1. Maintain daily allotment of recess time for elementary school.
2. Recess shall not used for punishment or reward.
3. Consider scheduling recess before lunch.
4. If the district is under severe time or space constraints, consider combining recess and Physical Education, though such activity must comply with the requirements for Physical Education under Commissioner’s Regulations section 135.4.

Physical Activity in the Classroom

1. Promote the integration of physical activity in the classroom.
2. If the district is under severe time or space constraints, consider meeting the state requirements for Physical Education through collaborative and integrative in- classroom activity, under the supervision of a Physical Education teacher.

Extracurricular Opportunities for Physical Activity

1. Promote clubs and activities that meet the various physical activity needs, interests, and abilities of all students (e.g., walking, hiking and climbing, snowshoeing).

III. Nutrition Promotion and Education

The Board believes that nutrition promotion and education is a key component in introducing and reinforcing healthy behaviors in students. Nutrition promotion and education that teaches the knowledge, skills, and values needed to adopt healthy eating behaviors shall be integrated into the curriculum. Nutrition promotion and education information shall be offered throughout the school campus including, but not limited to, school dining areas and classrooms. Staff members who provide nutrition promotion and education shall be appropriately certified and trained. The district’s broader Health Education program shall incorporate the appropriate New York State Learning Standards.

The Board’s goals for nutrition promotion and education include that the district will:

1. Include nutrition education as part of not only health education classes, but also classroom instruction in subjects such as math, science, language arts, social sciences and elective subjects.
2. Include enjoyable, developmentally appropriate, culturally relevant, participatory activities, such as contests, promotions, taste testing, farm visits, and school gardens.
3. Promote fruits, vegetables, whole grain products, low fat dairy products, safe and healthy food preparation methods, and health enhancing nutrition practices.
4. Emphasize caloric balance between food intake and energy expenditure.
5. Teach media literacy with an emphasis on food marketing.

IV. Other School-Based Activities

The district may implement other appropriate programs that help create a school environment that conveys consistent wellness messages and is conducive to healthy eating and physical activity. Such activities may include, but are not limited to, health forums or fairs, health newsletters, parent outreach, employee health and wellness activities, limiting the use of food as a reward, reviewing food marketing and advertising in school, hosting or promoting community-wide events, and offering wellness-related courses in the district’s adult education program.

Implementation:

The Board shall designate one person as District Wellness Coordinator to be responsible for ensuring that the provisions of this policy are carried out throughout the district. The Board may also designate one person as the School Wellness Coordinator in each building to ensure that the wellness activities and actions are being implemented at the building-level.

Monitoring and Review:

The District Wellness Coordinator shall report annually to the Board and the public on the implementation and effectiveness of this policy. Every school year the District Wellness Coordinator, in consultation with appropriate personnel and advisory committees, shall monitor and review the district’s wellness activities to determine whether this policy is having a positive effect on increasing student wellness and decreasing childhood obesity in the district. Based on those results, this policy, and the specific objectives set to meet its goals, may be revised as needed.

Parents, students, food service professionals, physical education teachers, school health professionals, school administrators, the general public, and the school board shall participate in the development, implementation and periodic review and update of this wellness policy.

The district shall inform and update the public (including parents, students and others in the community) about the content and implementation of this wellness policy.

The district shall monitor and review the implementation and effectiveness of this policy by conducting:

1. Periodic informal surveys of Building Principals, classroom staff, and school health personnel to assess the progress of wellness activities and their effects.
2. Periodic checks of the nutritional content of food offered in the cafeterias for meals and a la carte items, and sales or consumption figures for such foods.
3. Periodic checks of the nutritional content of food available in vending machines, and sales or consumption figures for such foods.
4. Periodic checks of the amount of time students spend in Physical Education classes, and the nature of those activities.
5. Periodic checks of extracurricular activities of a physical nature, in the number of offerings and rates of participation by students.
6. Periodic checks of student mastery of the nutrition education curriculum.
7. Periodic completion of relevant portions of the CDC School Health Index.
8. Periodic review of data currently collected by the district, including:
   • a. attendance data, particularly absences due to illness;
   • b. test scores;
   • c. rates of suspension, discipline, and violent incidents;
   • c. physical education scores on flexibility, endurance, and strength (i.e., fitness test results);
   • d. student BMI (Body Mass Index) statistics, as collected in accordance with the State Department of Health efforts; and
   • e. revenues generated from vending machines and a la carte food items.
9. Periodic surveys of student/parent opinions of cafeteria offerings and wellness efforts.
10. Periodic review of professional staff development offered which focuses on student wellness.
11. Use NYSSBA’s Student Wellness Assessment Checklist [every two years] to review the effectiveness of this policy.

The Babylon UFSD is committed to providing a school environment that enhances learning and development of lifelong wellness practices. (formerly Policy 5421)

Goals of the Wellness Policy are:

• That the Child Nutrition Program complies with federal, state and local requirements and is accessible to all children
• That sequential and interdisciplinary nutrition education is provided and promoted throughout the district
• That patterns of meaningful physical activity connect to students’ lives outside of physical education
• That all school-based activities are consistent with the Wellness Policy’s goals
• That all foods and beverages made available on campus (including vending, a la carte, student stores, parties and fundraising) during the school day will be consistent with the Mathilda Cuomo legislation of 1987
• That all foods made available on campus adhere to food safety and security guidelines
• That the school environment is safe, comfortable, pleasing and should allowample time and space for eating meals
• That food is not to be used as a reward or physical activity as a punishment
• That the district maintains an active Committee charged with the task of evaluating and maintaining this Wellness Policy and its effectiveness
• The District Wellness Coordinator is charged with the task of evaluating and maintaining this Wellness Policy and its effectiveness.

 

Ref: P.L. 111-296 (The Healthy, Hunger-Free Kids Act of 2010)
P.L. 108-265 (Child Nutrition and WIC Reauthorization Act of 2004)
42 USC §§1758(f)(1); 1766(a) (Richard B. Russell National School Lunch Act)
42 USC §1779 (Child Nutrition Act)
7 CFR §210.10; 210.11 (National School Lunch Program participation 
requirements – standards for lunches, snacks, and competitive foods)
7 CFR §220.8 (School Breakfast Program participation requirements – nutrition 
standards)
8 NYCRR Part 135 (Health and Physical Education curricular requirements); 
§114.1 (School Breakfast Program Requirements)
Appeal of Phillips, 37 EDR 204 (1997) (dec. no. 13,843)
Appeal of Williams, 32 EDR 621 (1993) (dec. no. 12,934)
Adoption date: April 3, 2006
Revised: November 13, 2007
Revised: July 11, 2012
Revised: November 14, 2012
Revised: December 1, 2014

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Prompted by the New York State Education Department mandate that all schools establish a Wellness Policy, and in an ongoing effort to ensure the best health of the students and staff at Babylon Schools, the Babylon District Wellness Committee established the following initiatives:
 

• Beverages provided for in-school celebrations are requested to be 100% fruit juice or water.
• Food provided for in-school celebrations is requested to meet the following nutritional guidelines per serving:
• Sugar – 15 grams or less
• Fat – 7 grams or less
• Saturated Fat – 2 grams or less
• Sodium – 360 milligrams or less
• (Try to avoid partially hydrogenated oils or high-fructose corn syrup. Look for products that have no added sugar and are high in fiber.)

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The Babylon Union Free School District is committed to providing a school environment that enhances learning and development of lifelong wellness practices. The goals of the district’s Wellness Policy include:
 

• That the Child Nutrition Program complies with federal, state, and local requirements and is accessible to all children.
• That sequential and interdisciplinary nutrition education is provided and promoted throughout the district.
• That patterns of meaningful physical activity connect to students’ lives outside of physical education.
• That all school-based activities are consistent with the Wellness Policy’s goals.
• That all foods and beverages made available on campus (including vending, a la carte, student stores, parties, and fundraising) during the school day will be consistent with the Matilda Cuomo legislation of 1987 (Laws of Education, Title 1, Article 19, § 915). *
• That all foods made available on campus adhere to food safety and security guidelines.
• That the school environment is safe, comfortable, pleasing, and should allow ample time and space for eating meals.
• That food is not used as a reward, physical activity, or punishment.
• That the district maintains an active Committee charged with the task of evaluating and maintaining this Wellness Policy and its effectiveness.
• That the Committee will meet a minimum of eight times per year to make recommendations to the Board of Education.
• * § 915. Prohibiting the sale of certain sweetened foods. From the beginning of the school day until the end of the last scheduled meal period, no sweetened soda water, no chewing gum, no candy including hard candy, jellies, gums, marshmallow candies, fondant, licorice, spun candy, and candy-coated popcorn, and no water ices except those which contain fruit or fruit juices, shall be sold in any public school within the state.
• Food used for instructional purposes (except for Home & Careers) will be sent home for consumption.
• Food, beverage, and/or candy cannot be sold as a fundraiser or through an individual or organization on campus during the school day unless it meets the aforementioned nutritional guidelines.
• Elementary School parents should continue to follow the Elementary School brochure on food allergies. Grade School and High School parents are requested to refer to the Elementary School brochure on food allergies and follow suggested guidelines. Taking advantage of healthier alternatives and prohibiting certain sales is just one step in enhancing nutritional and physical education. The aforementioned initiatives will minimize contributions to children’s health problems, minimize negative financial impacts, maximize children’s learning potential, and protect children against potential food-related illness.

 
All foods and beverages sold outside the School’s lunch and breakfast program are defined as Competitive Foods. These foods shall follow the new guidelines set forth under the Healthy, Hunger-Free Kids Act, which took effect July 1, 2014. All schools that participate in the National School Lunch and Breakfast Programs must follow the rule; known as “Smart Snacks”.

Listed below are the new nutritional guidelines for all competitive foods sold during the school day.

Any food sold in schools must:

• Be a “whole grain-rich” grain product; or
• Have as the first ingredient a fruit, a vegetable, a dairy product, or a protein food; or
• Be a combination food that contains at least ¼ cup of fruit and/or vegetable; or
• Contain 10% of the Daily Value (DV) of one of the nutrients of public health concern in the 2010 Dietary Guidelines for
• Americans (calcium, potassium, vitamin D, or dietary fiber).*
• Foods must also meet several nutrient requirements:
• Calorie limits:
  • Snack items: ≤ 200 calories
  • Entrée items: ≤ 350 calories
  • Sodium limits:
  • Snack items: ≤ 230 mg**
  • Entrée items: ≤ 480 mg
  • Fat limits:
  • Total fat: ≤35% of calories
  • Saturated fat: < 10% of calories
  • Trans fat: zero grams
• Sugar limit:
  • ≤ 35% of weight from total sugars in foods

Nutrition Standards for Beverages:

All schools may sell:

• Plain water (with or without carbonation)
• Unflavored low fat milk
• Unflavored or flavored fat free milk and milk alternatives permitted by NSLP/SBP
• 100% fruit or vegetable juice and
• 100% fruit or vegetable juice diluted with water (with or without carbonation), and no added sweeteners.
• Elementary schools may sell up to 8-ounce portions, while middle schools and high schools may sell up to 12-ounce portions of milk and juice. There is no portion size limit for plain water.
• Beyond this, the standards allow additional “no calorie” and “lower calorie” beverage options for high school students.
• No more than 20-ounce portions of:
  • Calorie-free, flavored water (with or without carbonation); and
  • Other flavored and/or carbonated beverages that are labeled to contain < 5 calories per 8 fluid ounces or ≤ 10 calories per 20 fluid ounces.
• No more than 12-ounce portions of:
  • Beverages with ≤ 40 calories per 8 fluid ounces, or ≤ 60 calories per 12 fluid ounces.

 
Other Requirements:

 

Fundraisers:

• The sale of food items that meet nutrition requirements at fundraisers are not limited in any way under the standards.
• The standards do not apply during non-school hours, on weekends and at off-campus fundraising events.

 

Accompaniments:

•     Accompaniments such as cream cheese, salad dressing and butter must be included in the nutrient profile as part of the food item sold.
•     This helps control the amount of calories, fat, sugar and sodium added to foods by accompaniments, which can be significant.  

 

These guidelines support the intent of the “HHFKA” and the Smart Snack nutrition standards to ensure the development of healthier school environments.

The Babylon Board of Education recognizes that sexual harassment of students and staff is behavior that negatively impacts the school culture. The Board further recognizes that preventing and remedying sexual harassment in school is essential to ensure a healthy, nondiscriminatory environment in which students can learn and employees can work productively. 

The Board is committed to providing an educational and working environment that promotes respect, dignity and equity, and that is free from all forms of sexual harassment on school grounds, school buses and at all school-sponsored activities, programs and events, including those that take place at locations outside the district. 

Because sexual harassment can occur staff to student, staff to staff, student to student, male to female, female to male, male to male, or female to female, it shall be a violation of this policy for any student, employee or third party (school visitor, vendor, etc.) to sexually harass any student or employee. 

For the Board to effectively enforce this policy and take prompt corrective measures, it is essential that all victims of sexual harassment and persons with knowledge of sexual harassment report the harassment immediately. The district will promptly investigate all complaints of sexual harassment, either formal or informal, verbal or written. To the extent possible, all complaints will be treated in a confidential manner. Limited disclosure may be necessary to complete a thorough investigation. If, after appropriate investigation, the district finds that a student, an employee or a third party has violated this policy, prompt corrective action will be taken in accordance with district policy and state law. All complaints and those who participate in the investigation of a complaint of sexual harassment have the right to be free from retaliation of any kind. 

 

Title IX is a federal civil rights law in the United States. It was enacted as part of the Education Amendments of 1972. 

Purpose:

• Title IX prohibits sex-based discrimination in any school or education program that receives funding from the federal government.

Scope:

• It applies to both educational institutions and other programs that receive federal financial assistance.

Key Points:

• Ensures equal opportunities for both genders in education.
• Addresses issues such as sexual harassment, gender equity in sports, and access to educational resources.
• Has had a substantial impact on American schools and institutions.
• Enforced by the Office for Civil Rights (OCR) of the U.S. Department of Education.

Title IX aims to create a fair and equitable educational environment for all, regardless of gender.

 

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View the full text of the law at the Civil Rights Division of the Department of Justice

 

 

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Principals are designated Compliance Officers at their buildings.

Title IX Officer:
Jeff Haubrich - Assistant Superintendent for Curriculum, Instruction and Personnel
50 Railroad Avenue
Babylon, New York, 11702
631-893-7924

 

The school district cooperates with the New York State Labor Department in issuance of working papers required by law for students under the age of 18 who seek employment. Students may obtain working papers by contacting the Guidance Office in the high school.

To secure working papers, a student must:

• Obtain and fill out an application.
• Have a Certificate of Physical Fitness form signed by a school doctor or family physician.
• Submit proof of age. This can be done in the form of a birth or baptismal certificate, hospital record or passport.