Code of
Conduct
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 under the age of 21 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.
“Violent student” means
a student under the age of 21 who:
1. Commits an act of violence upon a
school employee, or attempts to do so.
2. 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.
3. Possesses, while on school property or
at a school function, a weapon.
4. Displays, while on school property or
at a school function, what appears to be a weapon.
5. Threatens, while on school property or
at a school function, to use a weapon.
6. 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.
7. 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.
III. Joint Code of Conduct for School Boards and Superintendents- Policy #1150
As stated by Board of
Education Policy #1150, the success of every School System depends on an
effective working relationship between the school Board and the
Superintendent. This code emphasizes the
most important goals and obligations of that relationship.
Assure the opportunity
for high quality education for every student and make the well-being of
students the fundamental principle in all decisions and actions.
Obey all national,
state, and local laws and regulations pertaining to education and public
agencies.
Represent the entire
community without fear or favor, while not using these positions for personal
gain and accepting all responsibilities as a means of unselfish service.
Uphold the principles of
due process and individual dignity, and protect the civil and human rights of
all.
Adhere to the principle
that the Board shall confine its role to policymaking, planning, and appraisal
while the Superintendent shall implement the Board's policies.
Refer matters of
concern, expressed by residents of the School District, to the
Superintendent. This will afford the
Superintendent opportunity to communicate directly with the parties involved
and seek satisfactory resolutions to issues raised.
Act as part of an
educational team with mutual respect and regard for each other’s respective
responsibilities and duties, recognizing that the strength of a school Board is
in acting as a Board, not as individuals; and that the strength of the
Superintendent is in being the educational leader of the School District.
Maintain high standards and the effectiveness of
education through research and continuing professional development.
Preserve the obligation of having all issues
considered fairly and without bias.
Instill respect for community, state, and
nation.
Honor the spirit and letter of all contracts
until fulfillment or modification by mutual agreement.
NOTE: Refer also to Policies #1211 -- Board of
Education Members: Ethics and #6110
-- Code of Ethics For All District Personnel.
IV. Code
of Ethics for All District Personnel – Policy #1211 & 6110
1) Pursuant to the provisions of Section
806 of the General Municipal Law, the Board of Education of the Keshequa
Central School District recognizes that there are rules of ethical conduct for
members of the Board and employees of the District that must be observed if a
high degree of moral conduct is to be obtained in our unit of local
government. It is the purpose of this
resolution to promulgate these rules of ethical conduct for the Board members
and employees of the District. These
rules shall serve as a guide for official conduct of the Board members and
employees of the District. The rules of
ethical conduct of this resolution, as adopted, shall not conflict with, but
shall be in addition to any prohibition of Article Eighteen of the General
Municipal Law or any other general or special law relating to ethical conduct
and interest in contracts of Board members and employees.
2) Standards of Conduct. Every Board member or employee of the
Keshequa Central School District shall be subject to and abide by the following
standards of conduct:
a) Gifts. Pursuant to Section 805-a of the General Municipal Law, he/she
shall not, directly or indirectly, solicit any gift or accept or receive any
gift having a value of seventy-five dollars or more, whether in the form of
money, services, loan, travel, entertainment, hospitality, thing or promise, or
any other form, under circumstances in which it could reasonably be inferred
that the gift was intended or expected to influence him/her in the performance
of official duties or was intended as a reward for any official action on
his/her part.
b) Confidential
Information. He/she shall not
disclose confidential information acquired by him/her in the course of his/her
official duties or use such information to further his/her personal interest.
c) Representation
before one’s own agency. He/she
shall not receive, or enter into any agreement, express or implied, for
compensation for services to be rendered in relation to any matter before any
municipal agency of which he/she is an officer, member or employee or of any
municipal agency over which he/she has jurisdiction or to which he/she has the
power to appoint any member, officer or employee.
d) Representation
before any agency for a contingent fee.
He/she shall not receive, or enter into any agreement, express or
implied, for compensation for services to be rendered in relation to any matter
before any agency of his/her municipality, whereby his/her compensation is to
be dependent or contingent upon any action by such agency with respect to such
matter, provided that this paragraph shall not prohibit the fixing at any time
of fees based upon the reasonable value of services rendered.
e) Disclosure
of interest in resolution. To the
extent that he/she knows thereof, a member of the Board of Education or
employee of the Keshequa Central School District, whether paid or unpaid, who
participates in the discussion or gives official opinion to the Board of
Education on any resolution before the Board of Education shall publicly
disclose on the official record the nature and extent of any direct or indirect
financial or other private interest he/she has in such resolution.
f) Investments in conflict with official
duties. He/she shall not invest or
hold any investment directly or indirectly in any financial, business,
commercial, or other private transaction, that creates a conflict with his/her
official duties.
g) Private employment. He/she shall not engage in, solicit,
negotiate for or promise to accept private employment or render services for
private interests when such employment or service creates a conflict with or
impairs the proper discharge of his/her official duties.
h) Future employment. He/she shall not, after the termination of
service or employment with the School District, appear before any board or
agency of the Keshequa Central School
District in relation to any case, proceeding, or application in which he/she
personally participated during the period of his/her service or employment or
which was under his/her active consideration.
3) Nothing herein shall be deemed to bar
or prevent the timely filing by a present or former Board member or employee of
any claim, account, demand or suit against the Keshequa Central School
District, or any agency thereof on behalf of himself/herself or any member of
his/her family arising out of any personal injury or property damage or for any
lawful benefit authorized or permitted by law.
4) Distribution/Posting of Code of
Ethics. The Superintendent of the
Keshequa Central School District shall cause a copy of this code of ethics to
be distributed to every Board member and employee of the School District within
thirty (30) days after the effective date of this resolution. Each Board member
and employee elected or appointed thereafter shall be furnished a copy before
entering upon the duties of his/her office or employment. The Superintendent shall also cause a copy
of Article 18 of the General Municipal Law to be kept posted in each building
in the District in a place conspicuous to its Board members and employees. Failure to distribute any such copy of this
code of ethics or failure of any Board member or employee to receive such copy,
as well as failure to post any such copy of General Municipal Law, Article 18,
shall have no effect on the duty of compliance with such code or Article 18,
nor with the enforcement of provisions thereof.
5) Penalties. In addition to any penalty contained in any
other provision of law, any person who shall knowingly and intentionally
violate any of the provisions of this code may be fined, suspended or removed
from office or employment, as the case may be, in the manner provided by law.
6) Effective Date. This resolution shall take effect
immediately.
General
Municipal Law, Article 18
NOTE: Refer also to Policies #1150 -- Joint
Code of Conduct For School Boards and Superintendents, #1211 -- Board
of Education Members: Ethics and
#6215 -- Joint Code of Ethics.
POLICY – 6110
Personnel
1996
SUBJECT: CODE OF ETHICS FOR ALL DISTRICT PERSONNEL
Section 1.
Pursuant to the provisions of Section 806 of the General Municipal Law, the
Board of Education of the Keshequa Central School District recognizes that
there are rules of ethical conduct for members of the Board and employees of
the District that must be observed if a high degree of moral conduct is to be
obtained in our unit of local government. It is the purpose of this resolution
to promulgate these rules of ethical conduct for the Board members and
employees of the District. These rules shall serve as a guide for official
conduct of the Board members and employees of the District. The rules of
ethical conduct of this resolution, as adopted, shall not conflict with, but
shall be in addition to any prohibition of Article Eighteen of the General
Municipal Law or any other general or special law relating to ethical conduct
and interest in contracts of Board members and employees.
Section 2. Standards of Conduct. Every
Board member or employee of the Keshequa Central School
District shall be subject to and abide by the
following standards of conduct:
(a) Gifts.
Pursuant to Section 805-a of the General Municipal Law, he/she shall not,
directly or indirectly, solicit any gift or accept or receive any gift having a
value of seventy-five dollars or more, whether in the form of money, services,
loan, travel, entertainment, hospitality, thing or promise, or any other form,
under circumstances in which it could reasonably be inferred that the gift was
intended or expected to influence him/her in the performance of official duties
or was intended as a reward for any official action on his/her part.
(b) Confidential
Information. He/she ‘shall not disclose confidential information acquired
by him/her in the course of his/her official duties or use such information to
further his/her personal interest.
(c) Representation
before one’s own agency. He/she shall not receive, or enter into any
agreement, express or implied, for compensation for services to be rendered in
relation to any matter before any municipal agency of which he/she is an
officer, member or employee or of any municipal agency over which he/she has
jurisdiction or to which he/she has the power to appoint any member, officer or
employee.
(d) Representation
before any agency for a contingent fee. He/she shall not receive, or enter
into any agreement, express or implied, for compensation for services to be
rendered in relation to any matter before any agency of his/her municipality,
whereby his/her compensation is to be dependent or contingent upon any action
by such agency with respect to such matter, provided that this paragraph shall
not prohibit the fixing at any time of fees based upon the reasonable value of
services rendered.
(e) Disclosure
of interest in resolution. To the extent that he/she knows thereof, a
member of the Board of Education or employee of the Keshequa Central School District,
whether paid or unpaid, who participates in the discussion or gives official
opinion to the Board of Education on any resolution before the Board of
Education shall publicly disclose on the official record the nature and extent
of any direct or indirect financial or other private interest he/she has in
such resolution.
(f) Investments in conflict with official duties.
He/she shall not invest or hold any investment directly or indirectly in any
financial, business, commercial, or other private transaction, that creates a
conflict with his/her official duties.
(g) Private employment. He/she shall not engage in,
solicit, negotiate for or promise to accept private employment or render
services for private interests when such employment or service creates a
conflict with or impairs the proper discharge of his/her official duties.
(h) Future employment. He/she shall not, after the
termination of service or employment with the School District, appear before
any board or agency of the Keshequa Central School District in relation to any
case, proceeding, or application in which he/she personally participated during
the period of his/her service or employment or which was under his/her active
consideration.
Section 3. Nothing herein
shall be deemed to bar or prevent the timely filing by a present or former
Board member or employee of any claim, account, demand or suit against the
Keshequa Central School District, or any agency thereof on behalf of
himself/herself or any member of his/her family arising out of any personal
injury or property damage or for any lawful benefit authorized or permitted by
law.
Section 4. Distribution/Posting
of Code of Ethics. The Superintendent of the Keshequa Central
School District shall cause a copy of this code of ethics to be distributed to
every Board member and employee of the School District within thirty (30) days
after the effective date of this resolution. Each Board member and employee
elected or appointed thereafter shall be furnished a copy before entering upon
the duties of his/her office or employment. The Superintendent shall also cause
a copy of Article 18 of the General Municipal Law to be kept posted in each
building in the District in a place conspicuous to its Board members and
employees. Failure to distribute any such copy of this code of ethics or
failure of any Board member or employee to receive such copy, as well as
failure to post any such copy of General Municipal Law, Article 18, shall have
no effect on the duty of compliance with such code or Article 18, nor with the
enforcement of provisions thereof.
Section 5. Penalties. In addition to any penalty contained in any other
provision of law, any person who shall knowingly and intentionally violate any
of the provisions of this code may be fined, suspended or removed from office
or employment, as the case may be, in the manner provided by law.
Section
6. Effective Date. This resolution shall take effect immediately.
General Municipal Law,
Article 18
NOTE: Refer also to Policies #1150 -- Joint Code of Conduct For
School Boards and Superintendents, #1211 -- Board of Education Members: Ethics
and #6215 -- Joint Code of Ethics.
Adopted: 6/25/96
V. Sexual Harassment of District Personnel – Policy #6121
As stated by Board of
Education Policy #6121, the Board of Education affirms its commitment to
non-discrimination and recognizes its responsibility to provide for all
District employees an environment that is free of sexual harassment and
intimidation. Sexual harassment is a
violation of law and stands in direct opposition to District policy. Therefore, the Board prohibits and condemns
all forms of sexual harassment by employees, school volunteers, students, and
non-employees such as contractors and vendors which occur on school grounds and
at all school-sponsored events, programs and activities including those that
take place at locations off school premises.
Generally, sexual harassment is defined as unwelcome sexual advances,
requests for sexual favors and other verbal or physical conduct of a sexual
nature when:
1) Submission of such conduct is made,
either explicitly or implicitly, a term or condition of an individual’s
employment;
2) Submission to or rejection of such
conduct by an individual as used is a basis for employment decisions affecting
such individuals; and
3) Such conduct has the purpose or effect
of unreasonably interfering with an individual’s work performance or creating
an intimidating, hostile or offensive work environment.
The Board acknowledges
that in determining whether sexual harassment has occurred the totality of the
circumstances should be evaluated. The
Board recognizes that sexual harassment can originate from a person of either
sex against a person of the opposite or same sex, and from co-workers as well
as supervisors, and from a third party such as a school visitor, volunteer, or
vendor, or any other individual associated with the School District.
In order for the Board
to enforce this policy, and to take corrective measures as may be necessary, it
is essential that any employee who believes he/she has been a victim of sexual
harassment in the work environment, as well as any other person who is aware of
and/or who has knowledge of or witnesses any possible occurrence of sexual
harassment, immediately report such alleged harassment to the District’s
designated complaint officer(s) through informal and/or formal complaint
procedures as developed by the District.
Such complaints are recommended to be in writing, although verbal
complaints of alleged sexual harassment will also be promptly investigated in
accordance with the terms of this policy.
In the event that the complaint officer is the alleged offender, the
employee should report his/her complaint to the next level of supervisory authority.
Upon receipt of an
informal/formal complaint, the District will conduct a thorough investigation
of the charges. However, even in the
absence of a complaint, if the District has knowledge of or has reason to know
of or suspect any occurrence of sexual harassment, the District will investigate
such conduct promptly and thoroughly.
To the extent possible,
within legal constraints, all complaints will be treated as confidentially and
privately as possible. However,
disclosure may be necessary to complete a thorough investigation of the charges,
and any disclosure will be provided on a “need to know” basis.
Based upon the results
of the investigation, if the District determines that an employee has violated
the terms of this policy and/or accompanying regulations, immediate corrective
action will be taken, as warranted, up to and including termination of the
offender’s employment in accordance with legal guidelines, District policy and
regulation, and the applicable collective bargaining agreement(s). Third parties (such as school volunteers,
vendors, etc.) who are found to have violated this policy and/or accompanying
regulations will be subject to appropriate sanctions as warranted and in
compliance with law.
The Board prohibits any
retaliatory behavior directed against complainants, victims, witnesses, and/or
any other individuals who participated in the investigation of a complaint of
sexual harassment. Follow-up inquiries
shall be made to ensure that harassment has not resumed and that all those
involved in the investigation of the sexual harassment complaint have not
suffered retaliation.
Regulations will be
developed for reporting, investigating and remedying allegations of sexual
harassment. An appeal procedure will
also be provided to address any unresolved complaints and/or unsatisfactory
prior determinations by the applicable complaint officer(s).
Such regulations will be
developed in accordance with federal and state law as well as any applicable
collective bargaining agreement(s).
The
Superintendent/designee(s) will affirmatively discuss the topic of sexual
harassment with all employees, express the District’s condemnation of such
conduct, and explain the sanctions for harassment. Training programs will be established for employees to help
ensure awareness of the issues pertaining to sexual harassment in the
workplace, and to disseminate preventative measures to help reduce such
incidents of prohibited conduct.
Furthermore, special training will be provided for designated
supervisors and managerial employees, as may be necessary, for training in the
investigation of sexual harassment complaints.
A copy of this policy
and its accompanying regulations will be available upon request and may be
posted at various locations in each school building. The District’s policy and regulations on sexual harassment will
be published in appropriate school publications such as teacher/employee
handbooks and/or school calendars.
Title
VII of the Civil Rights Act of 1964,
42 United States Code (U.S.C.) Section 2000e et
seq.
Civil
Rights Act of 1991
42
United States Code (U.S.C.) Section 1681(a)
29
Code of Federal Regulations (CFR)
Section 1604.11(a)
VI. Alcohol, Tobacco, Drugs, and other Substances (School Personnel) – Policy #6150
As stated by Board of
Education Policy #6150, the Board of Education, recognizing that students are
often influenced by members of a school's staff, needs to impress upon staff
members the importance of maintaining a high level of professionalism
appropriate to their position, which, in turn, shall set a positive example for
students.
The Board will,
therefore, not permit the consumption, sharing and/or selling, use and/or
possession of controlled substances or illegal drugs, counterfeit and designer
drugs or alcoholic beverages in the workplace, or when the effects of such
drugs/alcohol, may impair an employee’s job performance. The illegal use of prescription and over the
counter drugs shall also be disallowed.
Tobacco smoking is discouraged because of health risks and is prohibited
in District buildings. (Refer also to
Policy #5630 -- Smoking on School Premises.)
Information about any
drug and alcohol counseling and/or rehabilitation programs shall be made
available to employees. Data will also
include the range of penalties (consistent with local, state and federal laws),
up to and including termination of employment and referral for prosecution,
that will be imposed on employees who have violated the terms of this
policy.
Confidentiality shall be
insured as required by state and federal laws.
It shall be the
responsibility of the Superintendent to implement the alcohol and other
substances Board policy and administrative regulation by collaboration with
school personnel, students, parents/legal guardians and the community at large.
Additional copies of Board
policy and regulation shall be disseminated to District staff, parents/legal
guardians and community members.
Education
Law Sections 913, 1711(5)(e), and 3020-a
Civil
Service Law Section 75
Drug-Free
Schools and Communities Act
Amendment
of 1989
(Public
Law 101-226)
VII. Drug Free Workplace – Policy #6151
As stated by Board of
Education Policy #6151, it shall be the general policy of the Board of
Education to affirm that all programs in the District that receive Federal
funds shall guarantee that their workplaces are free of controlled
substances. “Controlled substance”
means a controlled substance I through V of Section 202 of the Controlled
Substance Act (21 U.S.C. 812) and as further defined in regulation at Code of
Federal Regulations (CFR) 1308.11-1308.15.
An acknowledgment form shall be signed by the Superintendent indicating
that the District is in full compliance with the Drug-Free Workplace Act. This policy shall guarantee that not only
Federally funded programs, but the entire District is free of controlled
substances.
The Board of Education
directs the administration to develop regulations to comply with this policy,
and further supports such actions and activities of the administration as shall
be required to maintain a drug-free workplace.
In addition to complying
with Federal legislation regarding the use of drugs, the Board of Education
prohibits any employee acting within the scope of his/her employment from being
under the influence, using or having in his or her possession or distributing
in any way alcohol on school property or at school sponsored activities off
school property.
Drug-Free
Workplace Act
20
United States Code (U.S.C.) Section 3171
VIII. Joint Code of Ethics – Policy#6215
As stated by Board of
Education Policy #6215, the New York State School Boards' Association and the
New York State Teachers’ Association have jointly issued the following
statements as common beliefs:
a) The teachers and the School Board
recognize that while the teacher participates in the formulation of school
policy under the leadership of the school administrator, it is the duty of the
administrator to recommend, and the prerogative of the Board to determine final
policy.
b) The teachers and the School Board
transact all official business through proper channels and hold inviolate all
confidential information.
c) The teachers and the School Board
recognize their responsibility to develop growing appreciation and
understanding of the principals of democracy; religion, race, or partisan
politics.
d) The teachers and the School Board agree
that due notice in fair time be given in all cases of appointment, resignation,
or termination of service.
e) The teachers and the School Board avoid
disparagement of fellow workers and predecessors.
f) The teachers and the School Board are
impartial in all relationships with the student.
g) The teachers and the School Board
encourage able and promising students to enter the teaching field.
h) The teachers receive from the
administrator candid appraisal of his/her work and help with his/her problems;
the School Board requires such supervisory assistance.
i) The teachers actively participate in
the work of local, state and national professional educational associations,
the School Board actively participates in the work of township, county,
district, state and national School Board’s Associations.
j) The teachers use ethical procedures in
securing positions and in maintaining salary schedules, the School Board uses
ethical procedures in filling positions and in maintaining salary schedules.
k) The teachers accept no compensation
from firms commercially interested in the school; no member of the School Board
accepts such compensation.
l) The teachers assume responsibility for
the welfare of the student and shows sympathetic understanding of student
problems; the School Board provides conditions under which this can be
accomplished.
m) The teachers endeavor to maintain good
mental and physical health and to maintain a wholesome attitude toward the
student; the School Board provides healthful teacher environment.
n) The teachers develop through continued
study, travel, participation in professional and community life, and through
wholesome human relationships; the School Board stimulates and encourages
professional growth of the teacher.
o) The teachers are proud of their
profession; the School Board is proud of its teacher.
NOTE: Refer also to Policy #6110 -- Code of
Ethics For All District Personnel.
IX. Disciplining of a Tenured Teacher or Certified Personnel – Policy #6213.1
Procedures for a hearing
regarding these disciplinary measures will be in accordance with Section 3020-a
of the Education Law.
Education
Law Sections 3012 and 3020-a
X. Development Guidelines for Codes of Conduct on School Property – Policy #3410
As stated in Board of
Education Policy #3410, the School District has developed and will amend, as
appropriate, a written Code of Conduct for the Maintenance of Order on School
Property, including school functions, which shall govern the conduct of
students, teachers and other school personnel, as well as visitors. The
District shall further provide for the enforcement of such Code.
For purposes of this
regulation and the implemented Code of Conduct, 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 the District’s
elementary or secondary schools, or in or on a school bus as defined in Vehicle
and Traffic Law Section 142; and a school function shall mean a
school-sponsored extracurricular event or activity.
The District Code of
Conduct has been developed in collaboration with student, teacher,
administrator, and parent organizations, school safety personnel and other
school personnel, and has been approved by the Board of Education.
The Code of Conduct shall include, at a minimum:
1) Provisions regarding conduct, dress and
language deemed appropriate and acceptable on school property, including school
functions; and conduct, dress and language deemed unacceptable and
inappropriate on school property. Examples of potential items to be considered
include:
a. Dress codes;
b. Bill of student rights and
responsibilities (Refer also to #19 below).
2) Provisions regarding acceptable civil
and respectful treatment of teachers, school administrators, other school
personnel, students, and visitors on school property, including school
functions Examples of potential items to be considered include:
a. Adoption of a Civility Policy
(Regulation 3410R);
b. Prohibition of swearing and/or use of
abusive language;
3) The appropriate range of disciplinary
measures which may be imposed for violation of such Code of Conduct.
4) The roles of teachers, administrators,
other school personnel, the Board of Education, and parents/persons in parental
relation to the student.
5) Standards and procedures to assure
security and safety of students and school personnel
6) Provisions for the removal from the
classroom, and from school property and school functions, of students and other
persons who violate the Code of Conduct. Examples of potential items to be
considered include:
a. Grounds for teacher removal of
“disruptive students” (as defined in accordance with Education Law and
Commissioner’s Regulations) from the classroom.
A “disruptive student”
is defined as an elementary or secondary student under twenty-one years of age
who is substantially disruptive of the educational process or substantially
interferes with the teacher’s authority over the classroom (Refer also to #16
below.)
b. Provisions prescribing the period for
which a disruptive student may be removed from the classroom for each incident
by the teacher. However, no such “disruptive” student shall return to the
classroom until the principal (or his/her designated School District
administrator) makes a final determination, pursuant to Education Law Section
3214(3-a)(c) (see “c” below) or the period of removal expires, whichever is
less.
c. The principal/designee shall not set
aside the discipline imposed by the teacher unless the principal/designee finds
that:
1) The charges against the student are not
supported by substantial evidence;
2) The student’s removal is otherwise in
violation of law; or
3) The conduct warrants suspension from
school pursuant to Education Law and a suspension will be imposed.
d. Teachers are required to immediately
report and refer “violent students” (as defined in accordance with Education
Law) to the principal or Superintendent for a violation of the Code of Conduct
and a minimum suspension period pursuant to Education Law Section 2801 (Refer
also to #17 below.)
7) Disciplinary measures to be taken in
incidents involving the possession or use of illegal substances or weapons, the
use of physical force, vandalism, violation of another student’s civil rights,
harassment and threats of violence.
8) Provisions for detention, suspension
and removal of students from the classroom, consistent with the Education Law
Section 3214 and other applicable federal, state, and local laws.
9) Procedures to ensure the provision of
continued educational programming and activities for students removed from the
classroom, placed in detention, or suspended from school, which shall include
alternative educational programs appropriate to individual student needs.
10) Procedures by which violations are
reported and determined; and disciplinary measures imposed and carried out.
11) Provisions ensuring that the Code of
Conduct, and its enforcement, are in compliance with state and federal laws relating to students with disabilities.
12) Procedures by which local law enforcement
agencies shall be notified of Code violations which constitute a crime.
13) Provisions setting forth the
circumstances under and procedures by which parents/persons in parental
relation to the student shall be notified of Code violations by their children.
14) Circumstances under and procedures by
which a complaint in criminal court, a juvenile delinquency petition or person
in need of supervision (“PINS”) petition as defined in Articles 3 and 7 of the
Family Court Act will be filed.
15) Circumstances under and procedures by
which referral to appropriate human service agencies shall be made.
16) Delineation of a minimum suspension
period for students who repeatedly are substantially disruptive of the
educational process or substantially interfere with the teacher’s authority
over the classroom. However, the suspending authority may reduce the suspension
period on a case by case basis consistent with any other state and federal law.
a. The determination of students who
“repeatedly are substantially disruptive of the educational process or
substantially interfere with the teacher’s authority over the classroom” shall
be in accordance with definitions enumerated in Commissioner’s Regulations. For
purposes of this requirement:
“Repeatedly is substantially disruptive of the
educational process or substantially interferes with the teacher’s authority
over the classroom” shall mean engaging in conduct which results in the removal
of the student from the classroom by teacher(s) pursuant to Education Law
Section 3214(3-a) and the provisions set forth in the Code of Conduct on four
or more occasions during a semester, or three or more occasions during a
trimester, as applicable.
17) Delineation of a minimum suspension
period for acts that would qualify the student to be defined as a “violent
student” pursuant to Education Law Section 3214(2-aXa) and enumerated below.
However, the suspending authority may reduce the suspension period on a case by
case basis consistent with any other state and federal law.
Pursuant to Education
Law, a “violent student” is defined as an elementary or secondary student under
21 years of age who:
a) Commits an act of violence upon the
teacher, administrator or other school employee;
b) Commits, while on School District
property, an act of violence upon another student or any other person lawfully
upon such property;
c) Possesses, while on School District
property, a gun, knife, explosive or incendiary bomb, or other dangerous
instrument capable of causing physical injury or death;
d) Displays, while on School District
property, what appears to be a gun, knife, explosive or incendiary bomb, or
other dangerous instrument capable of causing death or physical injury;
e) Threatens, while on School District
property, to use any instrument that appears capable of causing physical injury
or death;
f) Knowingly and intentionally damages or
destroys the personal property of a teacher, administrator, other School
District employee, or any person lawfully upon School District property; or
g) Knowingly and intentionally damages or
destroys School District property.
18) Consistent with the federal Gun-Free
Schools Act, any student who is determined to have brought a weapon to school
shall be suspended for a period of not less than one calendar year. However,
the Superintendent has the authority to nullify this suspension requirement on
a case-by-case basis.
19) A Bill of Rights and Responsibilities of
Students which focuses upon positive student behavior, and which shall be publicized and
explained to all students on an annual basis.
20) Guidelines and programs for in-service
education programs for all District staff members to ensure effective
implementation of school policy on school conduct and discipline.
The Code
of Conduct has been adopted by the Board of Education only after at least one
public hearing that provided for the participation of school personnel,
parent/persons in parental relation, students, and any other interested
parties.
Distribution of the Code
of Conduct shall include, but not be limited to, the following methods of
dissemination:
a. Copies of a summary of the Code of
Conduct shall be provided to all students at a general assembly held at the
beginning of each school year.
b. Copies of the Code of Conduct shall be
made available to parents/persons in parental relation to students at the
beginning of each school year.
c. A plain language summary of the Code of
Conduct shall be mailed to all parents/persons in parental relation to students
before the beginning of each school year, and such summary of the Code shall be
made available thereafter upon request.
d. Each existing teacher shall be
provided with a copy of the Code of Conduct and a copy of any amendments to the
Code as soon as practicable following initial adoption or amendment of the
Code, and new teachers shall be
provided with a copy of the current Code upon their employment.
e. Copies shall be made available for
review by students, parents/persons in parental relation to students,
non-teaching staff and other community members
f. The District shall further take
reasonable steps to ensure community awareness of the Code provisions.
The District’s Code of
Conduct shall be reviewed by the Board of Education on an annual basis and
updated as necessary, taking into consideration the effectiveness of Code
provisions and the fairness and consistency of its administration. The District
is authorized to establish a committee to facilitate the review of the Code of
Conduct and the District’s response to Code of Conduct violations. Any such
committee shall be comprised of similar individuals designated to develop the
original Code of Conduct (see above).
The Board of Education
shall re-approve any such updated Code of Conduct or adopt revisions only after
at least one public hearing that provides for the participation of school
personnel, Parents/persons in parental relation, students, and any other
interested parties.
The District shall file
a copy of its Code of Conduct and all amendments to the Code with the
Commissioner of Education no later than thirty (30) days after their respective
adoptions.
The School
District is committed to the prevention of violence against any individual or
property in the schools or at school activities whether such acts and/or
threats of violence are by students, staff, or others. Additionally, threats of
violence against students, school personnel and/or school property, including
bomb threats, will not be tolerated whether or not such threats occur on school
grounds or during the school day.
Any acts
and/or threats of violence, whether such threats are made orally, in writing,
or by e-mail, shall be subject to appropriate disciplinary action in accordance
with applicable law, District policies and regulations, the Student code of
Conduct, and collective bargaining agreements, as may be necessary with
applicable lay collective bargaining
While
acknowledging an individual’s constitutional rights, including applicable due
process rights, the District refuses to condone acts and/or threats of violence
which threaten the safety and well being of staff, students and the school
environment. Employees and students shall refrain from engaging in physical
actions or threatening statements which create a safety hazard for others.
All staff who are made aware
of physical acts and/or threats of violence directed to students, staff or the
school building are to report such incidents to the building principal, who
shall report these occurrences to the Superintendent. Additionally, the
building principal will also report occurrences of violence, whether involving
an actual confrontation or a threat of potential violence, to the student’s
parents/ guardians; the school psychologist and/or counselor; and the Director
of Special Education if applicable. Local law enforcement agencies may also be
called as necessary upon the determination of the Superintendent/designee.
|
|
Students are to report all acts and/or threats of
violence, including threats of suicide, of which they are aware by calling the
school hotline, or notifying a faculty member or the building principals.
The District reserves the right to seek restitution,
in accordance with law, from the patent/guardian/and /or student for any costs
or damages which had been incurred by the District as a result of the threats
or acts of violence in the schools. This policy will be disseminated, as
appropriate, to students and parents and will be available to the general
public upon request.
Regulations will be developed to address safety concerns
in the schools, and appropriate sanctions for violations of this policy by
student will be addressed in the Student code of Conduct.
XI. Essential Partners
A. Parents
All 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.
B. Teachers
All 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.
1.
Communicate
regularly with students, parents and other teachers concerning growth and
achievement.
C. Guidance Counselors
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.
D. Principals
1. Promote a safe, orderly and stimulating
school environment, supporting active teaching and learning.
2. Ensure that students and staff have the
opportunity to communicate regularly with the principal and approach the
principal for redress of grievances.
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.
E. Superintendent
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.
F. Board of Education
1. Collaborate with student, teacher,
administrator, and parent organizations, 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.
XII. Student Dress Code – Policy #7312
All students are expected to give proper
attention to personal cleanliness and to dress appropriately for school and
school functions. Students and their
parent(s) have the primary responsibility for acceptable student dress and
appearance. Teachers and all other
District personnel should exemplify and reinforce acceptable dress and help
students develop an understanding of appropriate appearance in the school
setting.
STUDENT DRESS CODE
As stated in Board of
Education Policy #7312, the responsibility for the dress and appearance of
students shall rest with individual students and parents. They have the right to determine how the
student shall dress, provided that such attire does not interfere with the
operation of the school or infringe upon the general health, safety and welfare
of District students or employees. Student dress and appearance must be in
accordance with the District code of conduct. The administration is authorized
to take action in instances where individual dress does not meet these stated
requirements.
While the school
administration may require students participating in physical education classes
to wear certain types of clothing such as sneakers, socks, shorts, tee shirts,
they may not prescribe a specific brand which students must buy.
This policy does not
mean that student, faculty, or parent groups may not recommend appropriate
dress for school or special occasions.
It means that a student shall not be prevented from attending school or
a school function, or otherwise be discriminated against, so long as his/her
dress and appearance meet the above requirements. 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.
A student’s dress,
grooming and appearance, including hair style/color/ jewelry, make-up, and
nails, shall:
1. be safe, appropriate and not disrupt or
interfere with the educational process.
2. recognize that extremely brief and
see-through garments are not appropriate.
3. ensure that underwear is completely
covered by outer clothing.
4. include footwear at all times; footwear
that is a safety hazard will not be allowed.
5. include the wearing of hats only in the hallway, except for
a medical or religious purpose.
6. not include items that are vulgar,
obscene, libelous, or denigrate others on account of race, color,
religion, ancestry, national origin,
sex, sexual orientation, or disability.
7. not promote and/or endorse the use of
alcohol, tobacco, or illegal drugs and /or encourage other illegal or violent
activities.
8. not distract or go against reasonable
health and safety standards.
The following
modes of dress could be deemed unacceptable if they disrupt or interfere with
the
educational process:
§
Swimsuits
§
Garments
that are too short or too tight, (e. g. spandex shorts, short-shorts, etc.)
§
Bare
feet
§
Garments
with obscene messages or that advertise drugs or alcohol
§
Bare
mid-drifts and backs, e.g. halter tops, tube tops
§
Clothes
that expose the body/underwear when reaching or bending (e.g. see through clothing, boxer shorts)
§
Torn
clothing that exposes the skin or underwear
§
Hats
may be worn in the hallways. It will be up to individual teacher’s classroom
policy whether or not visors are considered hats.
§
Offensive
jewelry or offensive body ornaments
§
Dog
collars or chains e.g. around the neck, belt loop to wallet, wrist, etc.)
§
Any
other item that is distracting or goes against reasonable health and safety standards
VIOLATION OF DRESS CODE
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 refuses to do so shall be subject to
discipline, up to and including suspension 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.
Although limitations may
not be imposed on dress in which fashion or taste is the sole consideration,
school authorities may prohibit dress which is so distracting that it
interferes with the learning process or presents a potential hazard to
reasonable health and safety standards.
XIII. School Conduct and Discipline – Policy #7310
As stated by Board of
Education Policy #7310, the Board of Education acknowledges its responsibility
to protect the educational climate of the District and to promote responsible
student behavior. Accordingly, the
Board delegates to the Superintendent the responsibility for assuring that the
following components regarding school conduct and discipline are established,
maintained in keeping with this policy, and reviewed annually and updated as
needed through collaboration among professional staff, students, and
parents. Specific components may vary
as appropriate to student age, building levels, and educational needs. The components include:
a) A bill of rights and responsibilities
of students that focuses upon positive student behavior, and is publicized and
explained to all students on an annual basis;
b) A discipline code for student behavior
setting forth prohibited student conduct and the range of penalties that may be
imposed for violation of such code, that is publicized and explained to all
students and provided in writing to all parents/legal guardians on an annual
basis. Such code shall describe the
roles of teachers, administrators, Board of Education members and parents/legal
guardians;
c) Strategies and procedures for the
maintenance and enforcement of public order on school property that shall
govern the conduct of all persons on school premises, in accordance with section
2801 of the Education Law and accepted principles of due process of law;
d) Procedures within each building to
involve student service personnel, administrators, teachers, parents/legal
guardians and students in the early identification and resolution of discipline
problems. For students identified as
having disabilities, the policy includes procedures for determining when a
student’s conduct shall constitute a reason for referral to the Committee on
Special Education for review and modification, if appropriate, of the student’s
individualized education program;
e) Alternative educational programs
appropriate to individual student needs;
f) Disciplinary measures for violation of
the school policies developed in accordance with subparagraphs b) and c) of
this paragraph. Such measures shall be
appropriate to the seriousness of the offense and, where applicable, to the
previous disciplinary record of the student.
Any suspension from attendance upon instruction may be imposed only in
accordance with section 3214 of the Education Law; and
g) Guidelines and programs for staff
education to ensure effective implementation of school policy on school conduct
and discipline.
h) The Superintendent of Schools shall
solicit the recommendations of the teaching staff and administrators regarding
in-service programs pertaining to the management and discipline of
students. The Board shall sponsor such
programs annually; and
i) Administrative procedures relative to
the review of student discipline decision.
In cases of egregious
circumstances, the Superintendent of Schools or his/her designee may act above
and beyond the discipline code, unrestricted by subparagraphs b) and c). However, in these circumstances, a Superintendent’s
Hearing may be requested.
The Board of Education
will review this policy on school conduct and discipline annually and amend it
when appropriate. The policy shall be
filed in each school building, and shall be available for review by any individual.
8
New York Code of Rules and Regulations
(NYCRR)
Section 100.2(1)
A. ELEMENTARY STUDENT DISCIPLINE - please
find guidelines which will be used to determine consequences for misbehavior in
school. The district reserves the right
to determine the appropriate consequence depending on the severity of the
conduct.
As
stated in Board of Education Regulation #7310R.2, one of the most important
lessons education teaches is discipline.
While it does not appear as a subject, it is one of the foundation
blocks for a successful school experience.
It contains the principles of self-control, character development, good
citizenship and positive interactions with others that help children to be
successful by providing an atmosphere of consistency and clearly defined
expectations followed with rewards and consequences, children will have a clear
understanding of how behavior impacts themselves and others. Our daily emphasis is on the positive nature
of each child - reinforcing the qualities that lead to a healthy
self-esteem. With this understanding,
children can then develop themselves into well-rounded individuals with a
strong foundation to become good citizens within a community.
Alongside the many ways to emphasize the
positive behaviors, our discipline code has three levels of infractions from
minor to very severe misbehaviors. The
code defines each level and its procedure.
Some examples of student behavior and possible consequences are also
included.
As part of our discipline procedure, we feel the
home and school need to work together as partners. Communication is a vital link to that partnership. When major discipline issues are involved, a
school conduct report will be sent home.
We ask that you discuss this with your child as a family concern, add
your comments and signature and return the white and yellow copies to the
school. You may keep the pink copy for
your records. A copy of the discipline
code and conduct report form follows.
Keshequa Central School Disciplinary Referral
Student’s Name Grade Today’s Date Reporting Staff
Location of Incident Date of Incident Time of Incident
Level II and III only
( ) Assault with Physical injury ( ) Insubordinate ( ) Rude/Disrespectful behavior
( )Assault with Physical
(
) Leaving school w/o permission
( ) Tardy
(serious
injury) (
) Misbehavior on bus
( ) Theft
( ) Bomb threat/false emergency alarm ( ) Misbehavior in cafeteria ( ) Tobacco/Paraphernalia
( ) Bullying/Personal injury/intimidation ( ) Misbehavior in classroom ( ) Truant from school
( ) Cheating/Forgery/Plagiarism/Lying ( ) Misbehavior in det/ext.
detention ( ) Use, possession or
sale of
( ) Class Cut (
) Misbehavior in hallway drugs or alcohol
( ) Computer misuse/violation ( ) Misbehavior on school grounds ( ) Vandalism
( ) Cut detention (
) Misbehavior in study hall
( ) Weapons/Fireworks/Arson
( ) Cut Ext. detention ( ) Misuse of school
property
( ) Cut teacher detention ( ) Obscene Lang/materials/action
( ) Disrespectful behavior/teacher ( ) Physical harassment
( ) Driving to BOCES w/o permission ( ) Sexual harassment
( ) Fighting (
) Verbal harassment
( ) Inappropriate action/behavior ( ) Presenting substance
as a drug
Explanation of Incident:
***************STAFF MEMBER’S ACTION PRIOR TO REFERRAL TO OFFICE*****************
( ) Verbal warning ( ) Assigned teacher detention ( ) Consult Administration
( ) Change in student seating ( ) Consulted grade level
team ( ) Consult CSE (if student is
classified)
( ) Private Conference with student ( ) Parent Conference ( ) NO ACTION-Direct Referral to
Administration
Other:_______________________________________________________________________________________________________________
CONSEQUENCES ASSIGNED BY ADMINISTRATION:
( ) Teacher
Detention_______________________________( ) Saturday
Detention________________________________
( ) 9th
Period Detention______________________________( ) Out-of School
Suspension__________________________
( ) Extended
Detention______________________________( ) Behavior
Contract________________________________
( ) Parent
Conference_______________________________( ) Police
Referral___________________________________
( )
Superintendent Hearing__________________________ ( ) PINS
Petition____________________________________
( )
Extracurricular Restrictions______________________
Other:_______________________________________________________________________________________________________________
__________________________________________________________________________________________________________
________________ ____________________________________
Date
Administrator’s Signature
Level
1 Examples
-
Refusal to follow rules of the person in charge
Inappropriate gestures or language
Actions that is inappropriate by the student
that could result in a safety problem for self and others.
Horseplay
Name calling and/or picking on other children
Actions that are inappropriate, distracting and
disruptive to the teacher and/or other students
Homework not completed (unprepared for class)
Level
1 Procedures
- (may include)
Person in charge talks to the student
Person in charge fills out conduct form
Meeting held with child, person in charge and
building Principal
Parent conference with person in charge and/or
building
Principal
Level
I Consequences
-
Verbal reprimand and
warning
Counseling
Special assignment
Withdrawal of privileges
Principal contact
Parent contact
After school detentions
Assignment of seating
Level
2 Examples:
Destruction of property
Fighting
Swearing
Harassment - verbal or
physical
Smoking
Insubordination - repeated
or defiant refusal to follow directions
Assignments not
completed repeatedly
Lying
Level
2 Procedures
- (may include)
Student is referred to
building principal
Conduct report form
completed by staff member of building principal
Building principal investigates
the alleged offense
Parent notified
Meeting held with child,
person in charge and/or building principal
Parent conference held
with person in charge and/or building principal
Law enforcement
consultation or referral
Level
2 Consequences
Administrative reprimand
Withdrawal of privileges
Counseling referral
(school support personnel)
Special assignment
Parent
involvement/notification
Extended detention 2:20
- 5:00 pm
In-school suspension
Referral to outside
agency
Parent conference
Level
3 Examples:
Unmodified Level 1 or 2
misbehaviors
Arson/False reporting of
fire
Deliberately striking
another
Possession/use/transfer
of dangerous weapons
Violations of federal,
state or local laws
Possession of harmful or
controlled substances
Theft
Level
3 Procedures
- (may include)
Student referred to the
building principal
Conduct report form
completed by staff member or building principal
Building principal
investigates the alleged offense
Parents notified
Student may be removed
from school environment
Complete report
submitted to the Superintendent
Level
3 Consequences -
Parent hearing
Suspension
Psychological treatment
Other school placement
Charged under NYS
criminal code or referred to appropriate law enforcement agency
B. KESHEQUA CENTRAL SCHOOL MIDDLE/HIGH
SCHOOL BEHAVIOR CODE FOR STUDENTS - please find guidelines that will be used to
determine consequences for misbehavior in school. The district reserves the right to determine the appropriate
consequence depending on the severity of the conduct.
Level
1 Examples
-
Disruptive in class
Unprepared for class
Inappropriate items (see
Contraband)
Violation of teacher’s
rules
Level
1 Procedures
(may include) –
Classroom Management
Plans
1. Assign seat 9.
Contract
2. Conference 10.
CSE Referral
3. Verbal warning 11. Parent in Class
4. Written warning 12. Special Assignment
5. Written notification
to parents 13. Time Out
6. Privileges taken
away 14. CST Referral
7. Detention 15. Peer Mediation
8. Call home 16. Peer Tutor/Mentor
Level
1 Consequences
–
As per Class Management
Plan
Record intervention on
Level 1 Referral Form
Call home to
parent/guardian
Mail appropriate copy of
Referral Form home
Law enforcement
consultation or law enforcement referral
Level
2 Examples
–
Cheating
Plagiarism
Forgery
Gambling
Harassment (verbal)
Harassment (physical)
(Including pushing & shoving)
Failed to stay for
detention
Fail to stay for
extended detention
Throwing Food
Class Cut
Truant from school
Vulgar/Obscene action or
materials
Inappropriate language
or gesture
Inappropriate displays
of affection
Insubordination
Gambling
Four Level 1 Offenses
Level
2 Procedures
–
Referral to
administration
Administrative review
Level
2 Consequences
-
Zero for work
Suspension: 1, 3, 5 days
Extended detention
Teacher consequences
Law enforcement
consultation or law enforcement referral
Level
3 Examples
–
Use, abuse or possession (See behavior code for chemical substances)
of illegal substances
Arson
Assault/Fighting
Bomb threat/False fire
alarm *A bomb threat is a NYS
felony.
Harassment (Sexual,
Physical, Verbal)
Theft
Vandalism
Weapons
10 or more days of any type of Suspension
(Including ISS, OSS, Saturday, or After school hours)
Level
3 Procedures
–
Referral to administration
Administrative review
Level
3 Consequences
–
Suspension 5 days
Law enforcement referral
Superintendent’s Hearing
Restitution
Peer mediation
CONTRABAND – Possession
of any of the following articles will be labeled “misbehavior” in the Student
Discipline Code and will be dealt with accordingly
Cell phones
Collector cards
Electronic music devices
Pornographic material
Tapes/CD’s
Skateboards
Any other inappropriate
items disruptive to the educational process
C. BEHAVIOR CODE FOR CHEMICAL SUBSTANCES
|
EXAMPLES OF MISCONDUCT
ALCOHOL/ALL OTHERS |
STAFF |
|
|
Being under the
influence of, or possessing, an alcoholic beverage, tobacco, other
intoxicants, or other Presenting any
substance as a drug. Possession of drug
Paraphernalia, including (but not limited to) rolling papers, roach clips, razors,
scales, and needles. |
Staff member
confiscates the chemical substance from the student. Student is sent immediately from the
classroom to the administrator for appropriate action. The administrator
investigates the offense, confers with the staff involved and meets with the
student. The parent/guardian is
encouraged to come to the school immediately Written referral is
sent to parent/guardian, and a copy to The District Drug & Alcohol
Counselor to schedule the Insight
Class. Referral to Sheriff’s
Department is appropriate. Tobacco In case of tobacco
use, the Student is referred to the Administrator The offense is
investigated and the parent/guardian is notified. Written referral is sent to the parent/guardian, and a copy to
The District Drug & Alcohol Counselor to schedule Insight Class. |
Student will be requested to undergo a
mutually agreed upon, certified, chemical use/abuse/ 5 day Out-of-School Suspension Repeated occurrences may result in
suspension/restriction from extra-curricular activities for 20 weeks. Tobacco 1.
Student
will be suspended 1, 3, or 5 days (for each occurrence). 2.
Repeated
occurrences may result in suspension/restriction from extra-curricular
activities for 20 weeks. |
DSS-2221-A (REV. 9/91) ORAL RPT. DATE STATE REGISTRY NO.
LOCAL REGISTRY NO.
REPORT OF SUSPECTED
CHILD ABUSE OR MALTREATMENT TIME AM LOCAL CASE NO.
PM
NEW
YORK STATE DEPARTMENT
OF SOCIAL SERVICES LOCAL
AGENCY
Subjects
of Report
List all children in household, adults
responsible for household, and alleged perpetrators.
Last Name First
Name M.I. Aliases Sex DOB Ethnic Susp.
Or Check if Code Relation .Alleged Code
Perpetrator
Perpetrator
1.
2.
3.
4.
5.
6.
7.
LIST ADRESSES AND TELPHONE NUMBERS MORE
HOUSEHOLD TELEPHONE
NO.
OTHERS TELEPHONE
NO.
(Give Line Nos.) TELEPHONE
NO.
Basis of Suspicions
Alleged consequences or evidence of abuse or
maltreatment – Give child (ren)’s line number(s). If all children, write “All”
DOA/Fatality Child’s
Drug/Alcohol Use Educational
Neglect
Fractures Drug
Withdrawal Emotional
Neglect
Subdural Hematoma, Internal Injuries Lack of Medical Care Lack
of Food, Clothing, Shelter
Lacerations, Bruises, Welts Malnutrition,
Failure to Thrive Lack
of Supervision
Burns, Scalding Sexual
Abuse Abandonment
Excessive Corporal Punishment Other,
specify:
State reasons for suspicion, include the nature
and extent of each child’s injuries, abuse or maltreatment, any evidence of
prior injuries, abuse or maltreatment to the child or his siblings and any
evidence or suspicions of “Parental” behavior contributing to the problem
(If known, give time and date of alleged
incident: Mo. Day Yr. Time Am
Pm
Sources of this Report
PERSON MAKING THIS REPORT SOURCE OF THIS REPORT IF DIFFERENT
NAME TELEPHONE
NO. NAME TELEPHONE
NO.
ADDRESS ADDRESS
AGENCY/INSTITUTION AGENCY/INSTITUTION
Relationship (
for Report, X for Source
Med.
Exam./Coroner Physician Hospital Staff Law
Enforcement Neighbor Relative
Social
Services Public
Health Mental
Health School
Staff Other (specify)
Medical Diagnosis on Child Signature
of Physician Who Examined/Treated Child Telephone
No.
For Use By Physicians Only: Hospitalization Required 0
None 1 Under one Week 2 1-2 Weeks
3 Over Two Weeks
Action Taken 0
Medical Exam 2 X-Ray 4 Removal/Keeping 6 Not. Med. Exam/Coroner
About To Be Taken: 1 Photographs 3 Hospitalization 5
Returned Home 7 Notified D.A.
Signature of Person Making This Report: Title Date Submitted: Mo. Day
Yr.
XIV. Alcohol, Drugs and Other Substances (Students) – Policy #7320
As stated in Board of
Education Policy #7320, the Board of Education recognizes that the misuse of
drugs and/or alcohol is a serious problem with legal, physical, emotional and
social implications for the entire community.
Therefore, the consumption, sharing and/or selling, use and/or
possession of alcoholic beverages, illegal drugs, counterfeit and designer
drugs, or paraphernalia for the use of such drugs is prohibited at any
school-sponsored event or on school property at all times. The inappropriate use of prescription and
over-the-counter drugs shall also be disallowed. Persons shall be banned from entering school grounds or
school-sponsored events when exhibiting behavioral, personal or physical
characteristics indicative of having used or consumed alcohol or other
substances.
Through the
collaborative efforts of staff, students, parents/legal guardians and the
community as a whole, a certifiable comprehensive program shall be developed
addressing alcohol and other substances to include the following elements:
Primary Prevention
Preventing or delaying
alcohol and other substance use/abuse by students shall be the major focus of a
comprehensive K-12 program in which proactive measures of prevention and early
intervention are emphasized. This
program shall include:
a) A sequential K-12 curriculum that will
be developed and incorporated into the total educational process. This curriculum shall be concerned with
education and prevention in all areas of alcohol and other substances
uses/abuse;
b) Training school personnel and
parents/legal guardians to reinforce the components of the policy through
in-service and community education programs with up-to-date factual information
and materials.
c) An effort to provide positive
alternatives to alcohol and other substances use/abuse through the promotion of
drug/alcohol-free special events, service projects and extracurricular
activities that will develop a positive peer influence.
Intervention
School-based
intervention services shall be made available to all students, grades K-12, and
provided by prevention professionals who are appropriately trained in this
area. The purpose of intervention is to
eliminate any existing use/abuse of alcohol and other substances and to
identify students considered to be at risk for use/abuse. Intervention programming shall include:
a) Counseling of students in groups and as
individuals on alcohol and other substance use/abuse. Counselors shall be appropriately trained and skilled school
staff assigned for this purpose.
b) Referring students to community or
other outside agencies when their use/abuse of alcohol and other substances
requires additional counseling or treatment.
Referral is a key link in school and community efforts and the process
is basic to the dissemination of information regarding available counseling and
health services;
c) Providing a supportive school
environment designed to continue the recovery process for students returning
from treatment. A re-entry program may
include continuing student and/or family counseling and emphasizing positive
alternatives to alcohol and other substance use/abuse.
d) Developing a parent network to serve as
a support group and provide a vehicle of communication for parent education;
e) Ensuring confidentiality as required by
state and federal law.
Disciplinary Measures
Disciplinary measures
for students consuming, sharing and/or selling, using and/or possessing alcoholic
beverages, illegal drugs, counterfeit and designer drugs, or paraphernalia for
the use of such drugs shall be outlined in the District's Student Discipline
Code.
Staff Development
There shall be ongoing
training of District staff about the components of an effective alcohol and
other substances program. Training
shall include, but not be limited to, District policies and regulations and the
staff's role in implementing such policies, and regulations. Teachers shall be trained to implement the
District's K-12 alcohol and other substance prevention curricula; intervention
staff shall be suitably trained to carry out appropriate services.
Implementation,
Dissemination and Monitoring
It shall be the
responsibility of the Superintendent to implement the alcohol and other
substances Board policy by collaboration with school personnel, students,
parents/legal guardians and the community at large.
Additionally, copies of
Board policy shall be disseminated to District staff, parents/legal guardians
and community members. The
Superintendent shall biennially review the drug and alcohol abuse prevention
program to determine its effectiveness and support appropriate modifications,
as needed.
Drug-Free
Schools and Communities Act Amendment of
1989
(Public Law 101-226)
XV. Sexual Harassment (Students) –
2000 Policy #7531
SUBJECT: SEXUAL
HARASSMENT OF STUDENTS
The Board of Education affirms its commitment to
non-discrimination and recognizes its responsibility to provide for all
District students an environment that is free of sexual harassment and
intimidation. Sexual harassment is a
violation of law and stands in direct opposition to District policy. Therefore, the Board prohibits and condemns
all forms of sexual harassment by employees, school volunteers, students, and
non-employees such as contractors and vendors which occur on school grounds and
at all school-sponsored events, programs and activities including those that
take place at locations off school premises.
Generally, sexual harassment is defined as unwelcome sexual advances,
requests for sexual favors and other verbal or physical conduct or
communication of a sexual nature when:
a)
Submission
to or rejection of such sexually harassing conduct and/or communication by a
student affects decisions regarding any aspect of the student's education,
including participation in school-sponsored activities;
b)
Conditions
exist within the school environment that allow or foster obscene pictures, lewd
jokes, sexual advances, requests for sexual favors or other harassing
activities of a sexual nature; and
c)
Such
conduct and/or communication has the purpose or effect of substantially or
unreasonably interfering with a student's academic performance or participation
in an educational or extracurricular activity, or creating an intimidating,
hostile or offensive learning environment; and/or effectively bars the
student's access to an educational opportunity or benefit.
The Board acknowledges that in determining whether sexual
harassment has occurred the totality of the circumstances, expectations, and
relationships should be evaluated including, but not limited to, the ages of
the harasser and the victim; the number of individuals involved; and the type,
frequency and duration of the conduct.
The Board recognizes that sexual harassment can originate from a person
of either sex against a person of the opposite or same sex, and from a third
party such as a school visitor, volunteer, or vendor, or any other individual
associated with the School District.
Sexual harassment may occur from student-to-student, from
staff-to-student, from student-to-staff, as well as staff-to-staff.
In order for the Board to enforce this policy, and to take
corrective measures as may be necessary, it is essential that any student who
believes he/she has been a victim of sexual harassment in the school
environment, as well as any other person who is aware of and/or who has
knowledge of or witnesses any possible occurrence of sexual harassment,
immediately report such alleged harassment; such report shall be directed to or
forwarded to the District's designated complaint officer(s) through informal
and/or formal complaint procedures as developed by the District. Such complaints are recommended to be in writing,
although verbal complaints of alleged sexual harassment will also be promptly
investigated in accordance with the terms of this policy. In the event that the complaint officer is
the alleged offender, the report will be directed to the next level of
supervisory authority.
Upon receipt of an informal/formal complaint, the District
will conduct a thorough investigation of the charges. To the extent possible, within legal constraints, all complaints
will be treated as confidentially and privately as possible. However, disclosure may be necessary to
complete a thorough investigation of the charges, and any disclosure will be
provided on a "need to know" basis.
Based upon the results of the investigation, if the District
determines that an employee and/or student has violated the terms of this
policy and/or accompanying regulations, immediate corrective action will be
taken as warranted. Should the
offending individual be a student, appropriate disciplinary measures will be
applied, up to and including suspension, in accordance with District policy and
regulation, the Code of Conduct, and applicable laws and/or regulations. Should the offending individual be a school
employee, appropriate disciplinary measures will be applied, up to and
including termination of the offender's employment, in accordance with legal
guidelines, District policy and regulation, the Code of Conduct and the
applicable collective bargaining agreement(s).
Third parties (such as school volunteers, vendors, etc.) who are found
to have violated this policy and/or accompanying regulations will be subject to
appropriate sanctions as warranted and in compliance with law.
The Board prohibits any retaliatory behavior directed
against complainants, victims, witnesses, and/or any other individuals who
participated in the investigation of a complaint of sexual harassment. Follow-up inquiries shall be made to ensure
that harassment has not resumed and that all those involved in the
investigation of the sexual harassment complaint have not suffered retaliation.
Regulations will be developed for reporting, investigating
and remedying allegations of sexual harassment. An appeal procedure will also be provided to address any
unresolved complaints and/or unsatisfactory prior determinations by the
applicable complaint officer(s).
Such regulations will be developed in accordance with
federal and state law as well as any applicable collective bargaining
agreement(s).
The Superintendent/designee(s) will affirmatively discuss
the topic of sexual harassment with all employees and students, express the
District's condemnation of such conduct, and explain the sanctions for such
harassment. Appropriate training and/or
"awareness" programs will be established for staff and students to
help ensure knowledge of and familiarity with the issues pertaining to sexual
harassment in the schools, and to disseminate preventative measures to help
reduce such incidents of prohibited conduct.
Furthermore, special training will be provided for designated supervisors
and managerial employees, as may be necessary, for training in the
investigation of sexual harassment complaints.
A copy of this policy and its accompanying regulations will
be available upon request and may be posted at various locations in each school
building. The District's policy and
regulations on sexual harassment will be published in appropriate school
publications such as teacher/employee handbooks, student handbooks, and/or
school calendars.
Title IX of the Education
Amendments of 1972,
20 United States Code (USC)
Section 1681 et seq.
34 Code of Federal
Regulations (CFR)
Section 100 et seq.
Title VII of the Civil
Rights Act of 1964,
42 United States Code (USC)
Section 2000-e et seq.
The Civil Rights Act of 1991
42 United States Code (USC)
Section 1981(a)
29 Code of Federal
Regulations (CFR)
Section 1604.11(a)
Executive Law Sections 296
and 297
XVI.
Minimum Attendance –
Comprehensive
Student Attendance Policy – Policy #7110
Statement of Overall
Objectives
School attendance is
both a right and a responsibility. The School District is an active partner
with students and parents in the task of ensuring that all students meet or
exceed the New York State Learning Standards. Because the School District
recognizes that consistent school attendance, academic success and school completion
have a positive correlation, the School District has developed, and, if
necessary, will revise a Comprehensive Student Attendance Policy to meet the
following objectives:
a. To increase school
completion for all students;
b. To raise student
achievement and close gaps in student performance;
c. To identify attendance
patterns in order to design attendance improvement efforts;
d. To know the whereabouts
of every student for safety and other reasons;
e. To verify that
individual students are complying with education laws relating to compulsory
attendance;
f.
To
determine the District’s average daily attendance for State aid purposes.
Description
of Strategies to Meet Objectives
The School District
will:
a. Create and maintain a
positive school building culture by fostering a positive physical and
psychological environment where the presence of strong adult role models
encourages respectful and nurturing interactions between adults and students.
This positive school culture is aimed at encouraging a high level of student bonding
to the school, which in turn should lead to increased attendance.
b. Develop a Comprehensive
Student Attendance Policy based upon the recommendations of a multifaceted
District Policy Development Team that includes representation from the Board of
Education, administrators, teachers, students, parents and the community. The
District will hold a least one public hearing prior to the adoption of this
collaboratively developed Comprehensive Student Attendance Policy.
c. Maintain accurate record
keeping via a Register of Attendance to record attendance, absence, tardiness
or early departure of each student.
d. Utilize data analysis
systems for tracking individual student attendance and individual and group
trends in student attendance problems.
e. Develop early
intervention strategies to improve school attendance for all students.
Determination
of Excused and Unexcused Absences, Tardiness and Early Departures
Based upon our District’s education and
community needs, values and priorities, the School District has determined that
absences, tardiness and early departures will be considered excused or
unexcused according to the following standards.
a. Excused: