Code of Conduct
FOR STUDENTS, SCHOOL DISTRICT EMPLOYEES, AND VISITORS TO THE SCHOOL
I. Introduction
The Board of Education ("Board") is committed to providing a safe
and orderly school environment where students may receive and district
personnel may deliver quality educational services without disruption or
interference. Responsible behavior by students, teachers, other district
personnel, parents, and other visitors is essential to achieving this
goal.
The District has a long-standing set of expectations for conduct on school property and at school functions. These expectations are based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty, and integrity.
The Board recognizes the need to clearly define these expectations for acceptable conduct on school property, to identify the possible consequences of unacceptable conduct, and to ensure that discipline when necessary is administered promptly and fairly. To this end, the Board adopts this code of conduct ("code").
Unless otherwise indicated, this code applies to all students, school personnel, parents, and other visitors when on school property or attending a school function.
II. Definitions
For purposes of this code, the following definitions apply.
"Disruptive student" means an elementary or secondary student the age of 21 or under who is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom.
"Parent" means parent, guardian or person in parental relation to a student.
"School property" means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school, or in or on a school bus, as defined in Vehicle and Traffic Law §142.
"School function"
means any school-sponsored extra curricular event or activity, field
trips, sporting events, whether on or off the Coxsackie-Athens campus.
"Violent student" means a student the age of 21 or under who:
• Threatens or commits an act of violence upon a school employee, or attempts to do so.
• Threatens or commits, while on school property or at a school function, an act of violence upon another student or any other person lawfully on school property or at the school function, or attempts to do so.
• Possesses, while on school property or at a school function, a weapon.
• Displays, while on school property or at a school function, what appears to be a weapon.
• Threatens, while on school property or at a school function, to use a weapon.
• Knowingly and intentionally damages or destroys the personal property of any school employee, or any person lawfully on school property or at a school function.
• Knowingly and intentionally damages or destroys school district property.
"Weapon" means a firearm as defined in 18 USC §921 for purposes
of the Gun-Free Schools Act. It also means any other gun, BB gun,
pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger,
dirk, razor, stiletto, switchblade knife, gravity knife, brass knuckles,
sling shot, metal knuckle knife, box cutter, cane sword, electronic dart
gun, Kung Fu star, electronic stun gun, pepper spray or other noxious
spray, explosive or incendiary bomb, or other device, instrument,
material or substance that can cause physical injury or death when used
to cause physical injury or death.
"Alternate Learning Site" is defined to be a separate location in the school where students are isolated from the general population but still receives a substantially equivalent education.
Student Rights and Responsibilities
A. Student Rights
The aim of the school district is to provide an environment in which a student's rights and freedoms are respected, and to provide opportunities which stimulate and challenge the student's interests and abilities to his/her highest potential. These opportunities will be available as long as the student pursues these interests and studies in an appropriate manner, and does not infringe upon the rights of others.The Board of Education assures that district students shall have all the rights afforded them by federal and state constitutions and statutes. The District recognizes all federal, state and local laws in connection with these rights, and reminds students that certain responsibilities accompany these rights.
It shall be the right of each district student:1. To have a safe, healthy, orderly and courteous school environment.
2. To take part in all district activities on an equal basis regardless of race, color, creed, gender, national origin, disability, religion, or sexual orientation.
3. To attend school and participate in school programs unless suspended from instruction and participation for legally sufficient cause as determined in accordance with due process of law.
4. To have school rules and conditions available for review and, whenever necessary, explanation by school personnel.
5. To be suspended from instruction only after his/her rights pursuant to Education Law§3214 have been observed.
6. In all disciplinary matters, to have the opportunity to present his/her version of the facts and circumstances leading to imposition of disciplinary sanctions to the professional staff member imposing such sanction.
B. Student Responsibilities
All district students have the responsibility to:1. Contribute to maintaining a safe and orderly school environment that is conducive to learning and to show respect to other persons and to property.
2. Be familiar with and abide by all district policies, rules and regulations dealing with student conduct.
3. Attend school every day unless they are legally excused and be in class, on time, and prepared to learn.
4. Work to the best of their ability in all academic and extracurricular pursuits and strive toward their highest level of achievement possible.
5. React to direction given by teachers, administrators and other school personnel in a respectful, positive manner.
6. Work to develop mechanisms to control their anger.
7. Ask questions when they do not understand.
8. Seek help in solving problems that might lead to discipline.
9. Dress appropriately for school and school functions.
10. Accept responsibility for their actions.
11. Conduct themselves as representatives of the district when participating in or attending school functions and to hold themselves to the highest standards of conduct, demeanor, and sportsmanship.
Essential Partners
A. Parents
Parents are expected to:1. Recognize that the education of their child(ren) is a joint responsibility of the parents and the school community.
2. Send their children to school ready to participate and learn.
3. Ensure their children attend school regularly and on time.
4. Ensure absences are excused.
5. Insist their children be dressed and groomed in a manner consistent with the student dress code.
6. Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly environment.
7. Know school rules and help their children understand them.
8. Convey to their children a supportive attitude toward education and the district.
9. Build good relationships with teachers, other parents, and their children's friends.
10. Help their children deal effectively with peer pressure.
11. Inform school officials of changes in the home situation that may affect student conduct or performance.
12. Provide a place for study and ensure homework assignments are completed.
13. Dress appropriately when attending school functions.
B. Teachers
District teachers are expected to:1. Maintain a climate of mutual respect and dignity, which will strengthen students' self-concept and promote confidence to learn.
2. Be prepared to teach.
3. Demonstrate interest in teaching and concern for student achievement.
4. Know school policies and rules, and enforce them in a fair and consistent manner.
5. Communicate to students and parents:
a. course objectives and requirements
b. marking/grading procedures
c. assignment deadlines
d. expectations for students
e. classroom discipline plan.
6. Communicate regularly with students, parents, and other teachers.
7. Dress appropriately and professionally.
C. Guidance Counselors
District guidance counselors are expected to:1. Assist students in coping with peer pressure and emerging personal, social, and emotional problems.
2. Initiate teacher/student/counselor conferences and parent/teacher/student/counselor conferences, as necessary, as a way to resolve problems.
3. Regularly review with students their educational progress and career plans.
4. Provide information to assist students with career planning.
5. Encourage students to benefit from the curriculum and extracurricular programs.
6. Dress appropriately and professionally.
D. Other School Personnel
Includes, but is not limited to:
Teacher assistants, teacher aides, nurses, custodial staff, coaches, cafeteria workers, volunteers, bus drivers, advisors, clerical, substitutes, occupational therapists, physical therapists, speech therapists, librarians, social workers, psychologists, interns, student teachers, therapists
and counselors.
All school personnel are expected to:1. Maintain a climate of mutual respect and dignity, which will strengthen students' self-concept and promote confidence to learn.
2. Communicate to students and parents about course objectives and requirements, marking/grading procedures, assignment deadlines, expectations for students, and classroom discipline plan, where it is appropriate for such support staff to do so.
3. Communicate regularly with students, parents and other teachers concerning growth and achievement, where appropriate.
4. Promote a safe, orderly and stimulating school environment, supporting active teaching and learning.
5. Know school policies and rules while working with district administrators.
6. Dress appropriately and professionally.
E. PRINCIPALS
Principals are expected to:1. Assist students in coping with peer pressure and emerging personal, social, and emotional problems.
2. Ensure that students and staff have the opportunity to communicate regularly with the principal and approach the principal for resolution of a problem.
3. Evaluate on a regular basis all instructional programs.
4. Support the development of and student participation in appropriate extracurricular activities.
5. Be responsible for enforcing the code of conduct and ensuring that all cases are resolved promptly and fairly.6. Dress appropriately and professionally.
F. SUPERINTENDENT
The superintendent is expected to:
1. Promote a safe, orderly and stimulating school environment, supporting active teaching and learning.
2. Review with district administrators the policies of the board of education and state and federal laws relating to school operations
and management.
3. Inform the board about educational trends relating to student discipline.
4. Work to create instructional programs that minimize problems of misconduct and are sensitive to student and teacher needs.
5. Work with district administrators in enforcing the code of conduct and ensuring that all cases are resolved promptly and fairly.
6. Dress appropriately and professionally.
G. BOARD OF EDUCATION
Board members are expected to:1. Collaborate with student, teacher, administrator, and parent organization, school safety personnel and other school personnel to develop a code of conduct that clearly defines expectations for the conduct of students, district personnel and visitors on school property and at school functions.
2. Adopt and review at least annually the district's code of conduct to evaluate the code's effectiveness and the fairness and consistency of its implementation.
3. Lead by example by conducting board meetings in a professional, respectful, courteous manner.
4. Be responsive to the concerns of all stakeholders.
5. Dress appropriately and professionally.
V. STUDENT DRESS CODE
All students are expected to give proper attention to personal cleanliness and to dress appropriately for school and school functions. Students and their parents have the primary responsibility for acceptable student dress and appearance. Teachers and all other district personnel should exemplify and reinforce acceptable student dress and help students develop an understanding of appropriate appearance in the school setting.1. A student's dress, grooming and appearance, including hair style/color, jewelry, make-up, nails, and other accessories shall:
a). Be safe, appropriate, and not disrupt or interfere with the educational process.
2. Recognize that extremely brief garments such as tube tops, net tops, halter tops, spaghetti straps, plunging necklines (front and/or back) and see-through garments are not appropriate.
3. Ensure that undergarments are completely covered with outer clothing.
4. Include footwear at all times. Footwear that is a safety hazard will not be allowed.
5. Not include items that are vulgar, obscene, libelous or denigrate others on account of race, color, religion, creed, national origin, gender, sexual orientation or disability.
6. Not promote and/or endorse the use of alcohol, tobacco or illegal drugs and/or encourage other illegal or violent activities.
A general note to determine if something is appropriate for school is to determine if it has an educational purpose. Therefore, items such as walkmans, electronic games, cellular phones, beepers, sunglasses, and chains are not items with an educational purpose and are not allowed during the regular school day.
Each building principal or his or her designee shall be responsible for informing all students and their parents of the student dress code at the beginning of the school year and any revisions to the dress code made during the school year.
Special occasions such as graduation, concerts, National Honor Society inductions, etc. will require more formal attire. Parents will be notified of specific standards prior to the event.
Students who violate the student dress code shall be required to modify their appearance by covering or removing the offending item and, if necessary or practical, replacing it with an acceptable item. Any student who refused to do so shall be subject to discipline, up to and including assignment to an alternative learning site for the day. Any student who repeatedly fails to comply with the dress code shall be subject to further discipline up to and including out-of-school suspension, and/or a superintendent's hearing.
VI. PROHIBITED STUDENT CONDUCT
The Board of Education is committed to maintaining a school which provides students and staff with productive, satisfying, and wholesome learning environments. Essentially, this means that relationships are such that students can learn and teachers can teach. Such an environment should allow students to learn behavior patterns which will enable them to be responsible, contributing members of society.The Board is also committed to protecting First Amendment freedoms within the school system; however, lawlessness in any form will not be tolerated. The school district will not permit students to engage in any conduct intended to destroy personal or school property, disrupt or interfere with teaching, research, service, administrative or disciplinary functions, or any district-sponsored or approved activity.
In order to teach each student how to develop as a responsible citizen within society, the school must clearly define the values and ideals by which personal and group conduct is judged. Toward this end, the school should foster a disciplined environment which will guide each individual in developing a firm code of moral conduct and a respect for the dignity of others.
The Board shall, at various times, approve rules of conduct for students, which shall clearly state the forms of behavior which shall be unacceptable on school property or at school functions.
It shall be the responsibility of the Superintendent of Schools to ensure that all policies regarding student conduct and discipline are uniformly enforced and distributed annually to students, staff, and interested district residents.Students may be subject to disciplinary action, up to and including suspension from school, when they:
A. Engage in conduct that is disorderly. Examples of disorderly conduct include:1. Running in hallways.
2. Making unreasonable noise.
3. Using language or gestures that are profane, lewd, vulgar or abusive.
4. Obstructing vehicular or pedestrian traffic.
5. Engaging in any willful act which disrupts the normal operation of the school community.
6. Trespassing. Students are not permitted in any school building, other than the one they regularly attend, without permission from the administrator in charge of the building.
7. Computer/electronic communications misuse, including any unauthorized use of computers, software, or internet/intranet account: accessing inappropriate websites: or any other violation of the district's acceptable use policy. (Ref. Board Policy #4550; #5325).B. Engage in conduct that is insubordinate. Examples of insubordinate conduct include:
1. Failing to comply with the reasonable directions of teachers, school administrators or other school employees in charge of students or otherwise demonstrating disrespect.
2. Lateness, truancy, leaving school without permission, and non-compliance with the District attendance policies.
3. Skipping detention.C. Engage in conduct that is disruptive. Examples of disruptive conduct include:
1. Failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of students.
D. Engage in conduct that is violent. Examples of violent conduct include:
1. Committing an act of violence (such as hitting, kicking, punching, and scratching) upon a teacher, administrator or other school employee or attempting to do so.
2. Committing an act of violence (such as hitting, kicking, punching, and scratching) upon another student or any other person lawfully on school property or attempting to do so.
3. Possessing a weapon. Authorized law enforcement are the only persons permitted to have a weapon in their possession while on school property or at a school function (Ref. Board Policy #5312.21).
4. Displaying what appears to be a weapon.
5. Threatening to use any weapon.
6. Intentionally damaging or destroying the personal property of a student, teacher, administrator or other district employee, or any person lawfully on school property. This includes graffiti or arson as well.
7. Intentionally damaging or destroying school district property.
E. Engage in any conduct that endangers the safety, morals, health or welfare of others.
Examples of such conduct include:1. Lying to school personnel.
2. Stealing the property of other students, school personnel or any other person lawfully on school property or attending a school function.
3. Defamation, which includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them.
4. Discrimination, which includes the use of race, color, creed, national origin, religion, gender, sexual orientation or disability as a basis for treating another in a negative manner.
5. Harassment, which includes a sufficiently severe action or a persistent, pervasive pattern of actions or statements directed at an identifiable individual or group which are intended to be or which a reasonable person would perceive as ridiculing or demeaning. This includes sexual harassment as well. (Ref Policy #5400).
6. Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm.
7. Hazing, which includes any intentional or reckless act directed against another for the purpose of initiation into, affiliating with or maintaining membership in any school sponsored activity, organization, club or team.
8. Selling, using, possessing, or creating obscene material.
9. Using vulgar or abusive language, cursing or swearing.
10. Possessing or smoking a cigarette, cigar, pipe or using chewing or smokeless tobacco.
11. Possessing, consuming, selling, distributing or exchanging alcoholic beverages or illegal substances, or being under the influence of either. "Illegal substances" include, but are not limited to inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, and any substances commonly referred to as "designer drugs." This also includes possession of any drug-related paraphernalia (Ref. Board Policy #5312.4; #9195).
12. Inappropriately using or sharing prescription and over-the-counter drugs
13. Illegal gambling
14. Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner
15. Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher
16. Possessing or using fireworks, stink bombs and smoke bombs
F. Engage in misconduct while on a school bus.
It is crucial for students to behave appropriately while riding on district buses to ensure their safety and that of other passengers and to avoid distracting the bus driver. Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Excessive noise, pushing, shoving, fighting and vandalism will not be tolerated.
G. Engage in any form of academic misconduct.Examples, of academic misconduct include but are not limited to :
1. Plagiarism (both electronic and non-electronic)
2. Cheating
3. Copying
4. Altering records
5. Assisting another student in any of the above actions
VII. REPORTING VIOLATIONS
All students are expected to promptly report violations of the code of conduct to a teacher, guidance counselor, the building principal or his or her designee. Any student observing a student possessing a weapon, alcohol or illegal substance on school property or at a school function shall report this information immediately to a teacher, the building principal, the principal's designee or the superintendent.All district staff who are authorized to impose disciplinary sanctions are expected to do so in a prompt, fair and lawful manner. District staff who are not authorized to impose disciplinary sanctions are expected to promptly report violations of the code of conduct to their supervisor, who shall in turn impose an appropriate disciplinary sanction, if so authorized, or refer the matter to a staff member who is authorized to impose an appropriate sanction.
Any weapon, alcohol or illegal substance found shall be confiscated immediately, if possible, followed by notification to the parent of the student involved and the appropriate disciplinary sanction if warranted, which may include permanent suspension and referral for prosecution.
The building principal or his or her designee must notify the appropriate local law enforcement agency of those code violations that constitute a crime and substantially affect the order or security of a school as soon as practical, but in no event later than the close of business the day the principal or his or her designee learns of the violation. The notification may be made by telephone, followed by any appropriate documentation. The notification must identify the student and explain the conduct that violated the code of conduct and constituted a crime.
VIII. DISCIPLINARY PENALTIES, PROCEDURES AND REFERRALS
The Board of Education believes that each student can reasonably be expected to be responsible for his/her own behavior. The school administration shall oversee the development and dissemination of rules of conduct, focusing on personal safety and respect for the rights and property of others, to be consistently applied in the classrooms and throughout the school. Students who fail to meet this expected degree of responsibility and violate school rules may be subject to appropriate disciplinary action and more regulated supervision.
Discipline is the positive direction of behavior toward established standards of conduct, fully understood, and based on reason, judgment, and the rights of others. The school, community and parents share the responsibility for helping the student develop self-discipline. If self-discipline fails, disciplinary actions must be imposed to protect the student and to ensure the rights of others.
Discipline is most effective when it deals directly with a problem at the time and place it occurs, and in a way that is viewed as fair and impartial by the student. Therefore, before seeking outside assistance, teachers will first use their best efforts to create a change of behavior in the classroom.
Disciplinary action, when necessary, will be firm, fair, and consistent in order to be most effective in changing behavior.
In determining the appropriate disciplinary action, school personnel authorized to impose disciplinary penalties will consider the following:1. The student's age.
2. The nature of the offense and the circumstances which led to the offense.
3. The student's prior disciplinary record
4. The effectiveness of other forms of discipline.
5. Information from parents, teachers and/or others as appropriate
6. Other extenuating circumstances
As a general rule, discipline will be progressive. This means that a student's first violation will usually merit a lighter penalty than subsequent violations. Administration will report students to the Superintendent of Schools when they believe such a student presents a severe discipline problem unable to be resolved at the building level. The Superintendent will conduct an investigation of the reports, which may include conferences with the complainant, student, parents, teachers, other pupil service personnel or others, as he or she deems appropriate for the early identification and resolution of the suspected problem.
A. Penalties
The range of penalties which may be imposed for violations of the student disciplinary code includes (but may not be limited to) the following:1. Verbal warning
2. Written notification to the parents
3. Counseling/mediation
4. Reprimand
5. Detention
6. Administration detention
7. Removal from classroom by teacher
8. Suspension from transportation
9. Suspension from cafeteria
10. Suspension from extracurricular activities or athletic teams
11. Suspension of other privileges
12. Exclusion from a particular class
13. Alternate Learning Site
14. Out-of-school suspension
15. Referral to Alternative Evening Program
16. Long term suspension (more than five days)
17. Referral to Family Court
18. Permanent suspension from school
Depending upon the nature of the violation, it is the desire of the Board of Education that student discipline be progressive, i.e., a student's first violation should merit a lighter penalty than subsequent violations. It is also the Board's desire that an employee or agent take into account all other relevant factors which may reasonably be determined in an appropriate penalty. The above penalties may be imposed either alone or in combination. It is understood that some penalties may require the involvement of or permission of the Superintendent of Schools.
This policy and the Board's rules and regulations for the maintenance of public order on school property will be publicized and explained by the teaching staff of all students and provided in writing to all parents on an annual basis. In order to ensure the effectiveness of this student discipline code, the Board requests the continuing assistance of parents in explaining and enforcing the code. A student handbook will be made available each year for the entire student population.
The student's right to a Superintendent's hearing before a suspension from attendance in excess of five days and the right to an appeal of such a suspension to the Board pursuant to Education Law §3214 is recognized by the Board.
If a criminal offense has been committed (e.g., false alarm, vandalism, drug possession/use, use and possession of weapons) the police will be notified. All infractions of the student discipline code and/or public law will be subject to disciplinary proceedings as outlined in 5313.3, Suspension and Expulsion. (Reference Board Policy #5313.3 Suspension and Expulsion).
B. Procedures
The amount of due process a student is entitled to receive before a penalty is imposed depends on the penalty being imposed. In all cases, regardless of the penalty imposed, the school personnel authorized to impose the penalty must inform the student of the alleged misconduct and must investigate to the extent necessary, the facts surrounding the alleged misconduct. All students will have an opportunity to present their version of the facts to the school personnel imposing the disciplinary penalty in connection with the imposition of the penalty.Students who are to be given penalties other than an oral warning, written warning or written notification to their parents are entitled to additional rights before the penalty is imposed. These additional rights are explained below.
1. Detention
Teachers, principals and the superintendent may use detention as a penalty for student misconduct in situations where removal from the classroom or suspension would be inappropriate. Administrative detention will be imposed as a penalty only after the student's parent has been notified to confirm that there is no parental objection to the penalty and the student has appropriate transportation home following detention. Students age 16 or above will accept responsibility for notification to parents. In all cases written notification will occur.
2. Suspension from transportation
If a student does not conduct himself/herself properly on a bus, the bus driver is expected to bring such misconduct to the building principal's attention. Students who become a serious disciplinary problem may have their riding privileges suspended by the building principal or the superintendent or their designees. In such cases, the student's parent will become responsible for seeing that his or her child gets to and from school safely. Should the suspension from transportation amount to a suspension from attendance, the district will make appropriate arrangements to provide for the student's education.A student subjected to a suspension from transportation is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student's parent will be provided with a reasonable opportunity for an informal conference with the building principal or the principal's designee to discuss the conduct and the penalty involved.
3. Suspension from athletic participation. extra curricular activities and other privileges
A student subjected to a suspension from athletic participation, extra curricular activities or other privileges is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student's parent will be provided with a reasonable opportunity for an informal conference with the district official imposing the suspension to discuss the conduct and the penalty involved.
4. Alternate Learning SiteThe Board recognizes the school must balance the need of students to attend school and the need for order in the classroom to establish an environment conducive to learning. As such, the board authorizes building principals and the superintendent to place students who would otherwise be suspended from school as a result of a code of conduct violation in an alternate learning site. The students must have access to a substantially equivalent program. While in an alternate learning site, students are required to bring their lunch and are denied any extra curricular, CO curricular or athletic participation.
A student subjected placed in an alternate learning site is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student's parent will be provided with a reasonable opportunity for an informal conference with the district official imposing the in-school suspension to discuss the conduct and the penalty involved.
5. Teacher Disciplinary Removal of Disruptive Students
A student's behavior can affect a teacher's ability to teach and can make it difficult for other students in the classroom to learn. In most instances the classroom teacher can control a student's behavior and maintain or restore control over the classroom by using good classroom management techniques. These techniques may include practices that involve the teacher directing a student to briefly leave the classroom to give the student an opportunity to regain his or her composure and self-control in an alternative setting. Such practices may include, but are not limited to: (1) short-term "time out" in an elementary classroom or in an administrator's office; (2) sending a student into the hallway briefly; (3) sending a student to the principal's office for the remainder of the class time only; or (4) sending a student to a guidance counselor or other district staff member for counseling. Time-honored classroom management techniques such as these do not constitute disciplinary removals for purposes of this code.
On occasion, a student's behavior may become disruptive. For purposes of this code of conduct, a disruptive student is a student who is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom. A substantial disruption of the educational process or substantial interference with a teacher's authority occurs when a student demonstrates a persistent unwillingness to comply with the teacher's instructions or repeatedly violates the teacher's classroom behavior rules.A classroom teacher may remove a disruptive student from class for up to two days. The removal from class applies to the class of the removing teacher only. In the case of an elementary classroom the length of the removal is subject to the discretion of the teacher and the building administration, but in no case may exceed two days.
If the disruptive student does not pose a danger or ongoing threat of disruption to the academic process, the teacher must provide the student with an explanation for why he or she is being removed and an opportunity to explain his or her version of the relevant events before the student is removed. Only after the informal discussion may a teacher remove a student from class.
If the student poses a danger or ongoing threat of disruption, the teacher must, however, explain to the student why he or she was removed from the classroom and give the student a chance to present his or her version of the relevant events within 24 hours.
The teacher must complete a district-established disciplinary removal form and meet with the principal or his or her designee as soon as possible, but no later than the end of the school day, to explain the circumstances of the removal and to present the removal form. If the principal or designee is not available by the end of the same school day, the teacher must leave the form with the secretary and meet with the principal or designee prior to the beginning of classes on the next school day.
Within 24 hours after the student's removal, the principal or another district administrator designated by the principal must notify the student's parents that the student has been removed from class and why. The notice must also inform the parent that he or she has the right, upon request, to meet informally with the principal or the principal's designee to discuss the reasons for the removal. A copy of the written referral will be mailed home.
The principal may require the teacher who ordered the removal to attend the informal conference.
If at the informal meeting the student denies the charges, the principal or the principal's designee must explain why the student was removed and give the student and the student's parents a chance to present the student's version of the relevant events. The informal meeting must be held within 48 hours of the student's removal. The timing of the informal meeting may be extended by mutual agreement of the parent and principal.
The principal or the principal's designee may overturn the removal of the student from class if the principal finds any one of
the following:1. The charges against the student are not supported.
2. The student's removal is otherwise in violation of law, including the district's code of conduct.
3. The conduct warrants suspension from school pursuant to Education Law §3214 and a suspension will be imposed.
The principal or his or her designee may overturn a removal at any point between receiving the referral form issued by the teacher and the close of business on the day following the 48 hour period for the informal conference, if a conference is requested. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the principal makes a final determination, or the period of removal expires, whichever is less.
Any disruptive student removed from the classroom by the classroom teacher shall be offered continued educational programming until he or she is permitted to return to the classroom.
Each teacher must keep a complete log (on a district provided form) for all cases of removal of students from his or her class. The principal must keep a log of all removals of students from class.
Removal of a student with a disability, under certain circumstances, may constitute a change in the student's placement. Removal for an extended period of time may be made only by the building principal and/or the Director of Special Education to assure that such removal does not constitute a change in placement.
6. Suspension from School
Suspension from school is a severe penalty, which may be imposed only upon students who are insubordinate, disorderly, violent or disruptive or whose conduct otherwise endangers the safety, morals, health or welfare of others.
The Board retains its authority to suspend students, but places primary responsibility for the suspension of students with the superintendent and the building principals.
Any staff member may recommend to the superintendent or the principal that a student be suspended. All staff members must immediately report and refer a violent student to the principal or the superintendent for a violation of the code of conduct. All recommendations and referrals shall be made in writing unless the conditions underlying the recommendation or referral warrant immediate attention. In such cases a written report is to be prepared as soon as possible by the staff member recommending the suspension.
The superintendent or principal, upon receiving a recommendation or referral for suspension or when processing a case for suspension, shall gather the facts relevant to the matter and record them for subsequent presentation, if necessary.a. Short-Term (5 days or less) Suspension from school
When the superintendent or principal (referred to as the "suspending authority") proposes to suspend a student charged with misconduct for five days or less pursuant to Education Law §3214, the suspending authority must immediately notify the student orally. If the student denies the misconduct, the suspending authority must provide an explanation of the basis for the proposed suspension. The suspending authority must also notify the student's parents that the student may be suspended from school. The written notice will follow. Where possible notice should also be provided by telephone if the school has been provided with a telephone number for the purpose of contact the parents.
The notice shall provide a description of the charges against the student and the incident for which suspension is proposed and shall inform the parents of the right to request an immediate informal conference with the principal. Both the notice and informal conference shall be in the dominant language or mode of communication used by the parents. At the conference, the parents shall be permitted to ask questions of complaining witnesses.
The notice and opportunity for an informal conference shall take place before the student is suspended unless the student's presence in school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process. If the student's presence does pose such a danger or threat of disruption, the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practicable.
After the conference, the principal shall promptly advise the parents in writing of his or her decision. The principal shall advise the parents that if they are not satisfied with the decision and wish to pursue the matter, they must file a written appeal to the superintendent within five business days, unless they can show extraordinary circumstances precluding them from doing so. The superintendent shall issue a written decision regarding the appeal within 10 business days of receiving the appeal. If the parents are not satisfied with the superintendent's decision, they must file a written appeal to the board of education with the district clerk within 10 business days of the date of the superintendents' decision, unless they can show extraordinary circumstances precluding them from doing so. Only final decisions of the Board may be appealed to the Commissioner within 30 days of the decision.b. Long-term (more than 5 days) Suspension from School
When the superintendent or building principal determines that a suspension for more than five days may be warranted, he or she shall give reasonable notice to the student and the student's parents of their right to a fair hearing. At the hearing the student shall have the right to be represented by counsel, the right to question witnesses against him or her and the right to present witnesses and other evidence on his or her behalf.
The superintendent shall personally hear and determine the proceeding or may, in his or her discretion, designate a hearing officer to conduct the hearing. The hearing officer shall be authorized to administer oaths and to issue subpoenas in conjunction with the proceeding before him or her. A record of the hearing shall be maintained, but no stenographic transcript shall be required. A tape recording shall be deemed a satisfactory record. The hearing officer shall make findings of fact and recommendations as to the appropriate measure of discipline to the superintendent. The report of the hearing officer shall be advisory only, and the superintendent may accept all or any part thereof.
An appeal of the decision of the superintendent may be made to the board that will make its decision based solely upon the record before it. All appeals to the board must be in writing and submitted to the district clerk within 10 business days of the date of the superintendent's decision, unless the parents can show that extraordinary circumstances precluded them from doing so. The board may adopt in whole or in part the decision of the superintendent. Final decisions of the board may be appealed to the Commissioner within 30 days of the decision.
c. Permanent Suspension
Permanent suspension is reserved for extraordinary circumstances such as where a student's conduct poses a life threatening danger to the safety and well-being of other students, school personnel or any other person lawfully on school property or attending a school function.C. Minimum Periods of Suspension
1. Students who bring a weapon to school
Any student found guilty of bringing a weapon onto school property will be subject to suspension from school for at least one calendar year. Before being suspended, the student will have an opportunity for a hearing pursuant to Education Law §3214. A student classified as disabled by the district's Committee on Special Education (CSE) will be subject to the provisions of the Individuals with Disabilities Education Act (IDEA). The superintendent has the authority to modify the one-year suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent may consider the following:1. The student's age
2. The student's grade in school
3. The student's prior disciplinary record
4. The superintendent's belief that other forms of discipline may be more effective
5. Input from parents, teachers and/or others
6. Other extenuating circumstances
A student with a disability may be suspended only in accordance with the requirements of state and federal law.
2. Students who Commit Violent Acts Other than Bringing a Weapon to School
Any student who is found to have committed a violent act, other than bringing a weapon onto school property, shall be subject to suspension from school for at least five days. If the proposed penalty is the minimum five-day suspension, the student and the student's parents will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed penalty exceeds the minimum five-day suspension, the student and the student's parents will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The superintendent has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon. A student classified as disabled by the district's Committee on Special Education (CSE) will be subject to the provisions of the Individuals with Disabilities Education Act (IDEA).
3. Students who are repeatedly substantially disruptive of the educational process or repeatedly substantially interferes with the teacher's authority over the classroom.
Any student who repeatedly is substantially disruptive of the education process or substantially interferes with the teacher's authority over the classroom will be suspended from school for at least five days and have a superintendent's hearing. For purposes of this code of conduct, "repeatedly substantially disruptive" means engaging in conduct that results in the student being removed from the classroom by teacher(s) pursuant to Education Law §3214 (3-a) of this code on four or more occasions during a semester. If the proposed penalty is the minimum five-day suspension, the student and the student's parent will be given the same notice and opportunity for an informal conference given to all students subject to a short term suspension. If the proposed penalty exceeds the minimum five days suspension, the student and the student's parent will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The superintendent has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon. Continued infractions will result in a Superintendent's Hearing and possible removal from school. A student classified as disabled by the district's Committee on Special Education (CSE) will be subject to the provisions of the Individuals with Disabilities Education Act (IDEA).
D. Referrals
1. Counseling
The Guidance Office or building principal shall handle all referrals of students to counseling.
2. PINS Petition
The district may file a PINS (person in need of supervision) petition in Family Court on any student under the age of 16 who demonstrates that he or she requires supervision and treatment by:a. Being habitually truant and not attending school as required by part one of Article 65 of the Education Law (ref. Board Policy #5100)
b. Engaging in an ongoing or continual course of conduct which makes the student ungovernable, or habitually disobedient and beyond the lawful control of the school.
c. Knowingly and unlawfully possess marijuana in violation of Penal Law §221.05. A single violation of §221.05 will be sufficient basis for filing a PINS petition.
d. Knowing and unlawfully possesses any and all illegal drugs.3. Juvenile Delinquents and Juvenile Offenders
The superintendent is required to refer the following students to the County Attorney for a juvenile delinquency proceeding before the Family Court:a. Any student under the age of 16 who is found to have brought a weapon to school, or
b. Any student 14 or 15 years old who qualified for juvenile offender status under the Criminal Procedure Law §1.20 (42).IX. Progressive Response to Behavior Issues
The code of conduct is designed to provide for a progressive school response to student behavior issues. The code of conduct recognizes that certain inappropriate behavior is more serious and presents a greater disruption to the educational process. The code describes inappropriate behaviors in three categories and offers a range of school responses for implementation by teachers and/or administrators for each category. This will encourage and facilitate the application of the code to behavior issues by teachers and administrators in proportion to the severity of the behavior. Generally the categories are as follows:• Category I prohibits certain student behaviors. Teachers are primarily responsible for addressing these behaviors with their students. Teachers are responsible for documenting an incident and the school response, which must be consistent with the range of responses authorized in the code of conduct for this category. The documentation should be sent to the building administration office to keep the building administration informed. Forms are available in the principal's office.
• Category II prohibits certain other student behaviors and addresses situations of repeated Category I behavior. Teachers are primarily responsible for initiating response to such behaviors but will introduce the guidance counselor, parents and guardians and appropriate building administrators into the response.
• Category III prohibits certain serious or threatening behaviors and situations where a student persists in exhibiting certain Category I and II behaviors. Students engaging in Category III behaviors are immediately referred to building administrators who will confer with parents/guardians, teachers and the student and implement an appropriate Category III school response.
• Category IV includes students who are "repeatedly substantially disruptive of the educational process," those who "substantially interfere with a teachers authority over the classroom" or those who have committed acts of violence.Category I - Student Behavior
Category I prohibited behavior is behavior on the part of the student, which impedes orderly classroom procedures or interferes with the orderly operation of the school and shall include the following:• Disruptive behavior which interferes with the educational program and normal operation of the school community
•Inappropriate language, gestures or symbols (obscene, profane, vulgar, abusive)
•Violation of dress code
•Tardiness to school or class
•Leaving class without permission
•Out of class without a pass
•Excessive or offensive public displays of affection
•Possession or unauthorized use of radios, headphones, beepers, cell phones, electronic games, laser pointers, portable cd/tape players, or other
•Disruptive devices or equipment
•Inappropriate use of the school computer network
•Insubordination or disrespect, including the failure to follow the reasonable and lawful directions of school personnelSchool Response
Category I behavior will usually be addressed by an individual staff member but may, at times, require the intervention of other school support personnel.There will be immediate intervention by the staff member who is supervising the student or who observes the behavior.
Repeated behavior requires a parent/teacher conference; conference with the counselor and or administrators.
The staff member will maintain a proper and accurate record of student actions and school response.
The range of possible school responses includes
• A warning
•Teacher will discuss behavior with student.
•Behavior agreement
•Parent/guardian contact
•Referral to principal, guidance or social worker
•"Time-Out"
•Verbal reprimand
•Reduction in classroom privilegesCategory II - Student Behavior
Prohibited behavior, overt or otherwise, whose frequency or seriousness tends to disrupt the learning climate of the school shall include:
•Repeated incidents of Category I prohibited behavior
•Abusive or hateful language, gestures or symbols involving the use of slurs regarding ethnicity, disability, religion, race, sexual orientation or
•Physical condition of another.
•Any form of sexual harassment
•Leaving school without permission Excessive absences (Monday/Friday patterns, 3 day consecutive, 5 days per quarter)
•Use or possession of obscene or offensive materials Smoking on school property including all school grounds, facilities, vehicles, or at any school
•Sponsored activity
•Unauthorized driving or riding to or from school premises, facilities or propertySchool Response
The school response to Category II prohibited behavior shall include one or more of the following:•A teacher may initiate a meeting with the student and his/her guidance counselor to discuss the situation. Teachers must notify the building administrator and the student's parent/guardian.
•The building administrator may initiate an investigation of the allegation and confer with staff on the appropriate school response.
•The building administrator will maintain a proper and accurate record of student behaviors and school response.The range of possible school responses includes:
Behavior Agreement- Parent conference; referral to guidance and or social worker or psychologist; reduction of school privileges (e.g. driving); reduction of classroom privileges; referral to administration; home school contact; alternate learning site; out of school suspension; a teacher may remove "disruptive" student from the classroom
Category III - Student Behavior
Category III prohibited behavior is demonstrated when a student shows no sign of modifying prohibited behavior after having been requested to do so by school personnel. Such behavior also includes that which constitutes academic dishonesty and misconduct or poses a direct threat to the emotional and physical well being of others, or is in violation of the law. Category III prohibited behavior includes:• Chronic incidents of Category I behavior and repeated or chronic incidents of Category II behavior
• Exposure of the private parts of the human body
• Gambling in or on school premises or property
• Selling, using or possessing obscene materials
• Making false or misleading statements about another individual or group of individuals
• Discrimination or harassment based upon race, sex, religion, national origin, disability, sexual orientation or physical condition.
• Intimidation or bullying in any form
• Hazing, including intentional or reckless acts directed against another for the purpose of obtaining or maintaining membership on a team or in a club, activity or organization sponsored by the District
• Lying to school personnel
• Forgery
• Academic dishonesty and misconduct, including plagiarism, cheating and alteration of academic records
• Use or attempted use of physical force on another, including a teacher, administrator or student
• Stealing, larceny or petty theft
• Trespassing (entering or remaining on school property without authorization, license or invitation)
• Possession and/or transfer of firearms or deadly weapons in or on school premises, facilities, vehicles or property.
• Possession of what appears to be a weapon
• Speeding or reckless driving on school premises or property
• Vandalism or destruction of private or public property
• Use, possession, sale or attending school under the influence of: illegal drugs, alcohol or other unauthorized controlled substance
• Assault or battery
• Violent behavior of any kind or the threat of such behavior
• Harassment, intimidation, threats or threatening language or any intentional and unauthorized contact with another
• Endangering the health, safety or welfare of anotherSchool Response
The school response to Category III prohibited behavior shall include one or more of the following:• The building administrator will investigate the allegations and consult with staff as to the appropriate consequences if the allegations are supported by substantial and credible evidence.
• The building administrator will meet with the student and confer with the parent/guardian about the student¹s conduct and the resulting school response
• The building administrator will maintain a proper and accurate record of student behavior and school response.The range of possible school responses may include:
• Alternate Learning Site- Out-of-school suspension; conference with home school principal; mediation; restitution; loss of privileges; conference with teacher; superintendent's hearing: parent conference; police notification; criminal charges; referral to student services; confiscation of contraband; recommend Person's in Need of Supervision (PINS) petition; a teacher may remove a "disruptive" student from the classroom; expulsion; referral to alternate evening program.
Category IV - Student Behavior
Category IV includes students who are "repeatedly substantially disruptive of the educational process," those who "substantially interfere with a teacher¹s authority over the classroom" or those who have committed acts of violence.
School ResponseThe school response to Category IV prohibited behavior shall include minimum suspension periods as follows:
Repeated substantial disruption of the education process - 5 days suspension and Superintendent's Hearing
Substantial interference with a teacher's authority over the classroom - 5 days suspension and Superintendent's Hearing
Act(s) of violence - 5 days suspension and Superintendent's Hearing
Weapons on school property - one year suspension
The superintendent is required to refer students age 15 and older or any student 14 or 15 years old who qualified for juvenile offender status to the appropriate law enforcement authorities.Alternative Instruction
When a student of any age is removed from class by a teacher or a student of compulsory attendance age is suspended from school pursuant to Education Law §3214, the district will take immediate steps to provide alternative means of instruction for the student.
Discipline of Students with Disabilities The board recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities to address disruptive or problem behavior. The board also recognizes that students with disabilities enjoy certain procedural protections whenever school authorities intend to impose discipline upon them. The board is committed to ensuring that the procedures followed for suspending, removing or otherwise disciplining students with disabilities are consistent with the procedural safeguards required by applicable laws and regulations.
This code of conduct affords students with disabilities subject to disciplinary action no greater or lesser rights than those expressly afforded by applicable federal and state law and regulations.
A. Authorized Suspensions or Removals of Students with Disabilities
1. For purposes of this section of the code of conduct, the following definitions apply.
A "suspension" means a suspension pursuant to Education Law §3214.
A "removal" means a removal for disciplinary reasons from the student's current educational placement other than a suspension and change in placement to an interim alternative educational setting (IAES) ordered by an impartial hearing officer because the student poses a risk of harm to himself or herself or others.
An "IAES" means a temporary educational placement for a period of up to 45 days, other than the student's current placement at the time the behavior precipitating the IAES placement occurred, that enables the student to continue to progress in the general curriculum, although in another setting, to continue to receive those services and modifications including those described on the student's current individualized education program (IEP), that will enable the student to meet the goals set out in such IEP, and include services and modifications to address the behavior which precipitated the IAES placement that are designed to prevent the behavior from recurring.
2. School personnel may order the suspension or removal of a student with a disability from his or her current educational placement as follows:a. The board, the district (BOCES) superintendent of schools or a building principal may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed five consecutive school days and not to exceed the amount of time a non-disabled student would be subject os suspension for the same behavior.
The superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for up to 10 consecutive school days, inclusive of any period in which the student has been suspended or removed under subparagraph (a) above for the same behavior, if the superintendent determines that the student has engaged in behavior that warrants a suspension and the suspension or removal does not exceed the amount of time non-disabled students would be subject to suspension for the same behavior.
The superintendent may order additional suspensions of not more than 10 consecutive school days in the same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.
The superintendent may order the placement of a student with a disability in an IAES to be determined by the committee on special education (CSE), for the same amount of time that a student without a disability would be subject to discipline, but not more than 45 days, if the student carries or possesses a weapon to school or to a school function, or the student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function.
"Weapon" means the same as "dangerous weapon" under 18 U.S.C. §930 (g) (w) which includes "a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except . . .(for) a pocket knife with a blade of less than 2 ‡ inches in length."
"Controlled substance" means a drug or other substance identified in certain provisions of the federal Controlled Substances Act specified in both federal and state law and regulations applicable to this policy.
"Illegal drugs" means a controlled substance except for those legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or any other federal law3. Subject to specified conditions required by both federal and state law and regulations, an impartial hearing officer may order the placement of a student with a disability in an IAES setting for up to 45 days at a time, if maintaining the student in his or her current educational placement poses a risk of harm to the student or others.
B. Change of Placement Rule
1. A disciplinary change in placement means a suspension or removal from a student's current educational placement that is either
a. for more than 10 consecutive school days; or
b. for a period of 10 consecutive school days or less if the student is subjected to a series of suspensions or removals that constitute a pattern because they cumulate to more than 10 school days in a school year and because of such factors as the length of each suspension or removal, the total amount of time the student is removed and the proximity of the suspensions or removals to one another.
2. School personnel may not suspend or remove a student with disabilities if imposition of the suspension or removal would result in a disciplinary change in placement based on a pattern of suspension or removal.
C. Special Rules Regarding the Suspension or Removal of Students with Disabilities
However, the district may impose a suspension or removal, which would otherwise result in a disciplinary change in placement, based on a pattern of suspensions or removals if the CSE has determined that the behavior was not a manifestation of the student¹s disability, or the student is placed in an IAES for behavior involving weapons, illegal drugs or controlled substances.
The district's Committee on Special Education shall:Conduct functional behavioral assessments to determine why a student engages in a particular behavior and develop or review behavioral intervention plans whenever the district is first suspending or removing a student with a disability for more than 10 school days in a school year or imposing a suspension or removal that constitutes a disciplinary change in placement, including a change in placement to an IAES for misconduct involving weapons, illegal drugs or controlled substances.
1. If subsequently, a student with a disability who has a behavioral intervention plan and who has been suspended or removed from his or her current educational placement for more than 10 school days in a school year is subjected to a suspension or removal that does not constitute a disciplinary change in placement, the members of the CSE shall review the behavioral intervention plan and its implementation to determine if modifications are necessary.
If one or more members of the CSE believe that modifications are needed, the school district shall convene a meeting of the CSE to modify such plan and its implementation, to the extent the committee determines necessary.a. Conduct a manifestation determination review of the relationship between the student's disability and the behavior subject to disciplinary action whenever a decision is made to place a student in an IAES either for misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension that constitutes a disciplinary change in placement.
2. The parents of a student who is facing disciplinary action, but who has not been determined to be eligible for services under IDEA and Article 89 at the time of misconduct, shall have the right to invoke applicable procedural safeguards set forth in federal and state law and regulations if, in accordance with federal and state statutory and regulatory criteria, the school district is deemed to have had knowledge that their child was a student with a disability before the behavior precipitating disciplinary action occurred. If the district is deemed to have had such knowledge, the student will be considered a student presumed to have a disability for discipline purposes.
a. The superintendent building principal or other school official imposing a suspension or removal shall be responsible for determining whether the student is a student presumed to have a disability.
b. A student will not be considered a student presumed to have a disability for discipline purposes if, upon receipt of information supporting a claim that the district had knowledge the student was a student with a disability, the district either: conducted an individual evaluation and determined that the student is not a student with a disability, or determined that an evaluation was not necessary and provided notice to the parents of such determination, in the manner required by applicable law and regulations.If there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other non-disabled student who engaged in comparable behaviors.
However, if a request for an individual evaluation is made while such non-disabled student is subjected to a disciplinary removal, an expedited evaluation shall be conducted and completed in the manner prescribed by applicable federal and state law and regulations. Until the expedited evaluation is completed, the non-disabled student who is not a student presumed to have a disability for discipline purposes shall remain in the educational placement determined by the district, which can include suspension.
3. The district shall provide parents with notice of disciplinary removal no later than the date on which a decision is made to change the placement of a student with a disability to an IAES for either misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his/her current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension or removal that constitutes a disciplinary change in placement.
The procedural safeguards notice prescribed by the Commissioner shall accompany the notice of disciplinary removal.
4. The parents of a student with disabilities subject to a suspension of five consecutive school days or less shall be provided with the same opportunity for an informal conference available to parents of non-disabled students under the Education Law.
5. Superintendent hearings on disciplinary charges against students with disabilities subject to a suspension of more than five school days shall be bifurcated into a guilt phase and a penalty phase in accordance with the procedures set forth in the Commissioner's regulations incorporated into this code.
6. The removal of a student with disabilities other than a suspension or placement in an IAES shall be conducted in accordance with the due process procedures applicable to such removals of non-disabled students, except that school personnel may not impose such removal for more than 10 consecutive days or for a period that would result in a disciplinary change in placement, unless the CSE has determined that the behavior is not a manifestation of the student's disability.
7. During any period of suspension or removal, including placement in an IAES, students with disabilities shall be provided services as required by the Commissioner¹s regulations incorporated into this code.
D. Expedited Due Process Hearings
1. An expedited due process hearing shall be conducted in the manner specified by the Commissioner's regulations incorporated into this code, if:a. The district requests such a hearing to obtain an order of an impartial hearing officer placing a student with a disability in an IAES where school personnel maintain that it is dangerous for the student to be in his or her current educational placement, or during the pendency of due process hearings where school personnel maintain that it is dangerous for the student to be in his or her current educational placement during such proceedings.
b. The parent request such a hearing from a determination that the student's behavior was not a manifestation of the student's disability, or relating to any decision regarding placement, including but not limited to any decision to place the student in an IAES.1) During the pendency of an expedited due process hearing or appeal regarding the placement of a student in an IAES for behavior involving weapons, illegal drugs or controlled substances, or on grounds of dangerousness, or regarding a determination that the behavior is not a manifestation of the student's disability for a student who has been placed in an IAES, the student shall remain in the IAES pending the decision of the impartial hearing officer or until expiration of the IAES placement, whichever occurs first, unless the parents and the district agree otherwise.
2) If school personnel propose to change the student's placement after expiration of an IAES placement, during the pendency of any proceeding to challenge the proposed change in placement, the student shall remain in the placement prior to removal to the IAES, except where the student is again placed in an IAES.2. An expedited due process hearing shall be completed within 15 days of receipt of the request for a hearing. Although the impartial hearing officer may grant specific extensions of such time period, he or she must mail a written decision to the district and the parents within five business days after the last hearing date, and in no event later than 45 calendar days after receipt of the request for a hearing, without exceptions or extensions.
E. Referral to law enforcement and judicial authoritiesIn accordance with the provisions of IDEA and its implementing regulations:
1. The district may report a crime committed by a child with a disability to appropriate authorities, and such action will not constitute a change of the student's placement.
2. The superintendent shall ensure that copies of the special education and disciplinary records of a student with disabilities are transmitted for consideration to the appropriate authorities to whom a crime is reported.XIII. CORPORAL PUNISHMENT
Corporal punishment is any act of physical force upon a student for the purpose of punishing that student. Corporal punishment of any student by any district employee is strictly forbidden.
However, in situations where alternative procedures and methods that do not involve the use of physical force cannot reasonably be used, reasonable physical force may be used to:1. Protect oneself, another student, teacher or any person from physical injury
2. Protect the property of the school or others
3. Restrain or remove a student whose behavior interferes with the orderly exercise and performance of school district functions, powers and duties, if that student has refused to refrain from further disruptive acts
The district will file all complaints about the use of corporal punishment with the Commissioner of Education in accordance with Commissioner's regulations.
Student Searches and Interrogations
The Board of Education is committed to ensuring an atmosphere on school property and at school functions that is safe and orderly. To achieve this kind of environment, any school official authorized to impose a disciplinary penalty on a student may question a student about an alleged violation of law or the district code of conduct. Students are not entitled to any sort of "Miranda" type warning before being questioned by school officials, nor are school officials required to contact a student's parent before questioning the student. However, school officials will tell all students why they are being questioned.
In addition, the Board authorizes the superintendent, building principals, the school nurse, and others who may be designated by the superintendent or building principal to conduct searches of students and their belongings if the authorized school official has reasonable suspicion to believe that the search will result in evidence that the student violated the law or the district code of conduct.
It is the responsibility of the school to maintain a safe and orderly environment for its students and staff. When it is deemed by school officials that there is a reasonable suspicion that a situation may be potentially unsafe, the school reserves the right to search students, lockers, book bags, purses, cars, and computer files. It is the intent not to violate one's privacy but rather to ensure a safe and orderly environment for all students and staff. An authorized school official may conduct a search of a student's belongings that is minimally intrusive, such as touching the outside of a book bag, without reasonable suspicion, so long as the school official has a legitimate reason for the very limited search.
An authorized school official may search a student or the student's belongings based upon information received from a reliable informant. Individuals, other than the district employees, will be considered reliable informants if they have previously supplied information that was accurate and verified, or they make an admission against their own interest, or they provide the same information that is received independently from other sources, or they appear to be credible and the information they are communicating relates to an immediate threat to safety. District employees will be considered reliable informants.
Before searching a student or the student's belongings, the authorized school official should attempt to get the student to admit that he or she possesses physical evidence that they violated the law or the district code, or get the student to voluntarily consent to the search. Searches will be limited to the extent necessary to locate the evidence sought.