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: An absence, tardiness or early departure may be excused if due to
personal illness, illness or death in the family, impassable roads due to
inclement weather, religious observance, quarantine, required court
appearances, attendance at health clinics, approved college visits, approved
cooperative work programs, military obligations or other such reasons as may be
approved by the Board of Education.
b. Unexcused: An absence, tardiness or early departure is
considered unexcused if the reason for the lack of attendance does not fall
into the above categories (e.g., family vacation, hunting, babysitting, hair
cut, obtaining learner’s permit, road test, oversleeping).
Student
Attendance Record Keeping/Data Collection
The record of each student’s presence,
absence, tardiness and early departure shall be kept in a register of
attendance in a manner consistent with Commissioner’s Regulations. An absence,
tardiness or early departure will be entered as “excused” or “unexcused” along
with the District code for the reason.
Commencing July 1,2003,
attendance shall be taken and recorded in accordance with the following:
a. For students in
non-departmentalized kindergarten through grade eight (i.e., self-contained
classrooms and supervised group movement to other scheduled school activities
such as physical education in the gym, assembly, etc.), such student’s presence
or absence shall be recorded after the taking of attendance once per school
day, provided that students are not dismissed from school grounds during a
lunch period. Where students are dismissed for lunch, their presence or absence
shall also be recorded after the taking of attendance a second time upon the
student’s return from lunch.
b. For students in grades 9
through 12 or in departmentalized schools at any grade level (i.e.,
students pass individually to different classes throughout the day), each
student’s presence or absence shall be recorded after the taking of attendance
in each period of scheduled instruction except that where students do not
change classrooms for each period of scheduled instruction, attendance shall be
taken in accordance with paragraph “a” above.
c. Any absence for a school
day or portion thereof shall be recorded as excused or unexcused in accordance
with the standards articulated in this policy.
d. In the event that a
student at any instructional level from kindergarten through grade 12 arrives
late for or departs early from scheduled instruction, such tardiness or early
departure shall be recorded as excused or unexcused in accordance with the
standards articulated in this policy.
A record shall be kept
of each scheduled day of instruction during which the school is
closed
for all or part of the day because of extraordinary circumstances including
adverse weather conditions, impairment of heating facilities, insufficiency of
water supply, shortage of fuel, destruction of or damage to a school building,
or such other cause as may be found satisfactory to the Commissioner of
Education.
Attendance records shall also
indicate the date when a student withdraws from enrollment or is dropped from
enrollment in accordance with Education Law Section 3202 (1-a).
At the conclusion of each class
period or school day, all attendance information shall be compiled and provided
to the designated school personnel who are responsible for attendance. The
nature of the absence, tardiness or early departure shall be coded on a
student’s record in accordance with the established District/building
procedures.
Student
Attendance/Course Credit
The District believes that classroom
participation is related to an affects a student’s performance and grasp of the
subject matter and, as such, is properly reflected in a student’s final grade.
For purposes of this policy, classroom participation means that a student is in
class and prepared to work.
Consequently, for each marking
period a certain percentage of a student’s final grade will be based on
classroom participation as well as the student’s performance on homework tests,
papers, projects, etc. as determined by the building administrator and/or
classroom teacher.
Student are expected to attend all
scheduled classes. Consistent with the importance of classroom participation,
unexcused student absences, tardiness, and early departures will affect a
student’s grade, including credit for classroom participation, for the marking
period.
At the middle school/senior high
school level, any student with more than twenty percent (20%) absences in a
course may not receive credit for the course. However, it is District policy
that students with properly excused absences, tardiness and early departures
for which the student has performed any assigned make-up work, assignments
and/or tests shall not be counted as an absence for the purpose of determining
the student’s eligibility for course credit. District procedures will specify
how student tardiness and early departures will be calculated and factored into
the District’s minimum attendance standard.
However, where a student earns a
passing grade, credit will not be denied for the course(s).
For summer school and courses
meeting ½ and ¼ year, the same policy will apply and a calculation of the
absences will be prorated accordingly.
Transfer students and student
re-enrolling after having dropped out will be expected to attend a prorated
minimum number of the scheduled class meetings during their time of enrollment.
Student will be considered in
attendance if the student is:
a. Physically present in
the classroom or working under the direction of the classroom teacher during
the class scheduled meeting time; or
b. Working pursuant to an
approved independent study program; or
c. Receiving approved
alternative instruction.
Students
who are absent from class due to their participation in a school sponsored
activity are to arrange with their teachers to make up any work missed in a
timely manner as determined by the student’s teacher. Attendance at school
sponsored events where instruction is substantially equivalent to the
instruction which was missed shall be counted as the equivalent of regular
attendance in class.
Upon
returning to school following a properly excused absence, tardiness or early
departure, it shall be the responsibility of the student to consult with
his/her teacher (s) regarding arrangements to make up missed work, assignments
and/or tests in accordance with the time schedule specified by the teacher.
Notice
of Minimum Attendance Standard/Intervention Strategies Prior to the Denial of
Course Credit
In order to ensure that
parents/persons in parental relation and students are informed of the
District’s policy regarding minimum attendance and course credit, and the
implementation of specific intervention strategies to be employed prior to
the denial of course credit to the student for insufficient attendance, the
following guideline shall be followed:
a. Copies of the District’s
Comprehensive Student Attendance Policy will be mailed to parents/persons in
parental relation and provided to students at the beginning of each school year
or at the time of enrollment in the District.
b. School newsletters and
publications will include periodic reminders of the components of the
District’s Comprehensive Student Attendance Policy. Copies of the Attendance
Policy will also be included in parent/student handbooks.
c. At periodic intervals, a
designated staff member (s) will notify, by telephone, the parent/person in
parental relation of the student’s absence, tardiness, or early departure and
explain the relationship of the student’s attendance to his/her ability to
receive course credit. If the parent/person in parental relation cannot be
reached by telephone, a letter shall be sent detailing this information.
d. A designated staff
member will review the District’s Attendance Policy with students who have
excessive and/or unexcused absences, tardiness or early departures. Further,
appropriate student support services/personnel within the District, as well as
the possible collaboration/referral to community support services and agencies,
will be implemented prior to the denial of course credit for
insufficient attendance by the student.
Notice
of Student who are Absent, Tardy or Depart Early Without Proper Excuse
A designated staff member shall notify by
telephone the parent/person in parental relation to a student who is absent,
tardy or departs early without proper excuse. The staff member shall explain
the District’s Comprehensive Student Attendance Policy, the District’s/building
level intervention procedures, and, if appropriate, the relationship between
student attendance and course credit if the parent/person in parental relation
cannot be reached by telephone, the staff member will provide such notification
by mail. Further, the District’s Attendance Policy will be mailed to the
parent/person in parental relation to promote awareness and help ensure
compliance with the policy.
If deemed necessary by appropriate
school officials, or if requested by the parent/person in parental relation, a
school conference shall be scheduled between the parent/person in parental
relation and appropriate staff member sin in order to address the student’s
attendance. The student may also be requested to attend this conference in
order to address appropriate intervention strategies that best meet the needs
of the student.
Appeal
Process
A parent/person in parental relation may
request a building level review of their child’s attendance record.
Building
Review of Attendance Records
Commencing with the 2003-04 school year,
the building principal will work in conjunction with the building attendance
clerk and other designated staff in reviewing attendance records at the end of
each term. This review is conducted to identify individual and group attendance
patterns and to initiate appropriate action to address the problem of unexcused
absences, tardiness and early departures.
Annual
Review by the Board of Education
The Board of Education shall annually
review the building level student attendance records and if such records show a
decline in student attendance, the Board shall make any revisions to the Policy
and plan deemed necessary to improve student attendance.
Community
Awareness
The Board of Education shall promote
necessary community awareness of the District’s Comprehensive Student
Attendance Policy by:
a. Providing a plain
language summary of the policy to parents or persons in parental relation to
students at the beginning of each school year and promoting the understanding
of such a policy to students and their parents/person in parental relation;
b. Providing each teacher,
at the beginning of the school year or upon employment, with a copy of the
policy; and
c. Providing copies of the
policy to any other member of the community upon request.
Education law Sections 3024, 3025, 3202, 3205, 3206, 3210,
3211, and 3213
8 New York Code of Rules and Regulations
(NYCRR) Sections 104.1, 109.2 and 175.6
As stated in Board of
Education Regulation 7110R, the impact of attendance upon instruction on a
regular and continuing basis is an important element in an effective
teaching/learning program. Each and every student should attend classes on a
regular basis and be a participant in the classroom programs, activities, and
discussions in order to benefit from presentations made by instructors. Because
of the information being disseminated and because of the expectation of student
participation, class attendance is important. Students’ prolonged absences will
result in loss of instruction; therefore, attendance is imperative.
At such time as a
student’s lack of attendance is identified as a problem, every effort should be
made to address the problem, utilizing the resources of the school and
involving the student and his or her parents or guardians to discuss the
attendance problem. The school resources include both teaching and
administrative staff as well as guidance staff. When resources of the District
have been exhausted and attendance patterns have not improved, other outside
sources, including family court, may be appropriate in an attempt to correct
the problem.
Definitions
1) Legal Absence -- Includes
absence or tardiness due to personal illness, death or illness in the family,
court appearance, religious observance, approved college visits, quarantine,
approved cooperative work program, attendance at health clinic, or military
obligation. Refer to Regulation #711 OR. 1 — Student Absences and
Excuses for a complete list of legal absences.
2) Illegal/Unlawful Detention The
parent or guardian is aware of the reason for the student’s tardiness or
absence. The reason for the absence or tardiness is not one of those listed as
legal or as a truancy/cut. Vacations taken by families at times other than those
regularly scheduled by the School District are considered as unlawful
detention, and thus illegal.
3) Truancy/Cut — The parents or
guardian sends the student to school, attempts to get the student to school,
expects the student to be in school, but the student misses all or part of the
school day
Regulations
The attendance
regulations which follow are intended to be constructive rather than punitive.
The intent is to encourage each student to attend all classes in order to
achieve maximum success in schools.
1. Students absent from school must
account for that absence by:
a. Producing a note from parent or guardian
stating the students name, date, day(s) of absence and the reason for the
absence; and
b. Assuming responsibility for making up work
missed with each teacher in a manner consistent with school and department
guidelines.
2. Arrangements for make up work:
a. Teachers shall set standards for their
classes as to deadlines for late work and/or missed evaluation opportunities,
tests, quizzes, lab work, etc., consistent with building guidelines.
b. Students who are absent from class have
the obligation to contact their teacher upon the day of their return concerning
the make up work.
c. Work will be made up as directed by the
teacher. After-school makeup sessions take precedence over extracurricular and
non-school activities, including employment.
d. Although teachers will consider
extenuating circumstances, completed makeup work will be required within
reasonable deadlines established by the teacher.
e. Teachers are encouraged, but not required,
to assist with makeup work outside regularly scheduled after school office
hours; or special arrangements may be made between the student and each of
his/her teachers.
3. Students asked to leave a class due to
poor behavior will receive a disciplinary penalty.
4. If a student feels that this regulation
has been misapplied by a teacher, that student has the right to appeal the
decision to the department head or administration, whichever is appropriate.
NOTE: Refer
also to Regulation #71 1OR.l - Student Absences and Excuses.
As stated in Board of Education Regulation #7110R.1,
Absences
Students must:
1)
Bring
a note from home giving name, date, days of absence and reason for absence.
2)
Present
excuse on day of return to homeroom teacher.
3) Make immediate plans to make up work
due to absence. If student is absent for an extended period of time, the
student should call the Counseling Office for aid in obtaining assignments.
NOTE: Parents, if their child’s surname is not
the same as the parent, should include the child’s last name on the note as
well.
School attendance is
required for all children who are of compulsory attendance age.
Absences
from school which are considered legal:
1) Personal
illness
2) Death in
family
3) Illness in
the family
4) Medical
appointments
5) Dental
appointments
6) Impassable roads
7) Weather
8) Religious observance
9) Required to be in court
10) Quarantine
11) Music lessons
12) Attendance at health clinics
13) Approved college visits
14) Military obligations
15) Administrative
Approval/Emergency situations - covers unexpected events which keep a student
from attendance. Such cases will be considered. by the principal individually
16) Educational trip
17) Planned evidence of an acceptable
educational experience
The following are not
considered legal absences for New York State and will be marked as illegal
absences on the student’s report card.
1) Visiting
2) Hair cut
3) Obtain
learner’s permit/road test
4) Overslept
5) Babysitting
6) Needed at
home
7) Hunting
8) Trip with or
without parents for recreational purposes. Because vacation periods are
provided within the school calendar, trips taken at other times during the
school year will be considered illegal absences and will be subject to
penalties enforced, unless the trip is approved by the Superintendent of
Schools or his/her designee.
9) Truancy
(absence or other leave from school without parental permission).
10) Extended
Illness
Students who have an
extended illness may be placed on home-tutoring and will not be counted as
absent during the extended illness.
1) A doctor’s statement indicating the
need for, the dates and the length of the home-tutoring must be submitted by
the parent/guardian before approval by the administration.
2) The request for home tutoring will be
forwarded to the Director of Curriculum and Staff Development for approval of
instruction, who will make the arrangements for the home-tutoring. Special
Education students will receive such approval for home tutoring from the CSE
Chairperson.
3) Under the directions of the tutor, the
student will complete all missed assignments and continue assigned course work.
When the assignments are satisfactorily completed and approved by the teacher,
the student will then be marked in attendance for the days missed due to
illness.
Truancy and Tardiness
Any student in his/her
assigned homeroom or first period class within five minutes after the start of
the scheduled school day is considered either absent or tardy. If a student
arrives at school after homeroom has begun, he/she should report immediately to
the nurse to sign in. A written excuse is required explaining why the student
is late. If the student does not have an excuse explaining his/her tardiness,
he/she must submit a note from his/her parents the following day explaining the
reason for his/her tardiness.
Student absence without prior
knowledge and consent of a parent/guardian is considered
truancy, an illegal absence. Truancy will be dealt with as outlined in the
Student Code of Conduct.
Skip Days: Occasionally students get together and
organize a day or part of a day off from school. The Keshequa Central School
District does not condone these activities. Students participating in
such activities will be subject to truancy regulations as outlined in the
Student Code of Conduct.
Make-Up of Work: Students will be given two (2) days to make
up work for each one (1) day of absence or, in the alternative, special
arrangements are to be made for such make up work with approval from each of
the student’s teachers.
NOTE: Refer also
to Regulation #711OR — Attendance.
As
stated in Board of Education Regulation 7110R.2,
ATTENDANCE
RECORDS
1) According to Education Law, a student
who becomes six years of age on or before the first of December in any school
year shall be required to attend full-time instruction from the first day that
the District schools are in session in September of such school year, and a
student who becomes six years of age after the first of December in any school
year shall be required to attend full-time instruction from the first day of
session in the following September. Except as otherwise provided in Education
Law Section 3205(3), a student shall be required to remain in attendance until
the last day of session in the school year in which the student becomes sixteen
years of age. All children who are residents of the Keshequa Central School
District and who are of compulsory attendance age must receive full-time
instruction in a school.
2) Anyone in the District over five and
under twenty-one years of age may attend the Keshequa Central Schools, as
designated by the Keshequa Central School District Board of Education.
3) The School District is responsible for
keeping and verifying records of enrollment and attendance in accordance with
the form and manner prescribed by the Commissioner.
4) Students returning from an absence will
present a written excuse signed by the parent or guardian. If the written
excuse is not presented within three school days, the absence will be
classified as illegal.
5) The Superintendent will designate
individuals at each building and in the central office to maintain accurate
attendance records.
6) Tuition paying students shall be
subject to the same rules, regulations and procedures as resident students
attending the Keshequa Central School District.
Students who have
neither been absent nor tardy will be awarded perfect attendance certificates
on Awards Day. The following absences or tardiness’ are not to be counted in
determining perfect attendance for this purpose:
1) Bus
tardiness’.
2) Tardiness’
caused by conditions over which student had no control
(i.e., extreme weather conditions).
3) All approved
“Ed” (educational) absences.
4) Part-of-a-day
absences approved by the nurse, school counselor or principal.
PERFECT
ATTENDANCE
As stated in Board of
Education Regulation 7110R.3, students who have neither been absent nor tardy
will be awarded perfect attendance certificates on Awards Day. The following
absences or tardiness’ are not to be counted in determining perfect attendance
for this purpose:
1)
Bus
tardiness’
2)
Tardiness’
caused by conditions over which the student had no control (i.e. extreme
weather conditions).
3) All approved
“Ed” (educational) absences.
4) Part-of-a-day
absences approved by the nurse, school counselor or principal.
XVII. 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 a letter
mailed on same day as the telephone call is made. The notification must
identify the student and explain the conduct that violated the code of conduct
and constituted a crime.
XVIII. Bus Rules and Regulations – Policy #7340
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. 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 to discuss the conduct and the penalty
involved.
BUS RULES AND REGULATIONS
As stated in Board of
Education Policy #7340, the Keshequa Central School District furnishes
transportation to those students whose disability or distance from the school
make the service essential. Riding
these buses is a privilege and may be withdrawn if the student does not comply
with the rules and regulations set forth in this District.
While the law requires
the School District to furnish transportation for resident students, it does
not relieve parents of students from the responsibility of supervision until
such time as the students board the bus in the morning, and after the students
leave the bus at the end of the school day.
Once a student boards
the bus, and only at that time, does the student become the responsibility of
the School District. Such
responsibility will end when the student is delivered to the regular bus stop
at the close of the school day.
Students riding school
buses are expected to conform to the rules of conduct in order to permit the
bus driver to transport his/her passengers safely.
The Board of Education,
the Superintendent and/or his/her designee have the authority to suspend the
transportation privileges of children who are disorderly and insubordinate on
buses. In these cases, the parents/legal
guardians of the children involved become responsible for seeing that their
children get to and from school safely.
Bus drivers shall be
held responsible for reasonable and acceptable behavior of students while
riding the school bus.
The Board directs the
administration to establish rules and regulations for student conduct on buses,
including applicable due process rights to be afforded students suspended from
transportation privileges. These rules
and regulations shall be promulgated to all concerned, including the non-public
schools to which students are transported.
8 New York Code of Rules and Regulations(NYCRR) Section156
20
United States Code Annotated (U.S.C.A.)
Sections
1400-1485, Individuals With
Disabilities
Education Act
As
stated in Board of Education Regulation #7340R,
SUSPENSION
FROM BUS TRANSPORTATION
The School District
provides transportation to students in grades kindergarten through twelve
within the guidelines established in Board of Education Policy. Every student
eligible for transportation is entitled to be safely transported to and from
school on a daily basis. At the same time, each student is expected to abide by
the rules and regulations for appropriate school bus conduct.
In accordance with the
responsibility of the Board of Education to maintain order and discipline and
to assure student safety, the following regulations regarding suspension of
students being transported by the District shall be followed.
Bus Driven
Bus drivers have the
responsibility to maintain reasonable behavior of students while riding school
buses. However, school bus drivers may not suspend students from bus
transportation. If a student engages in disorderly or insubordinate conduct
while on a school bus, the driver shall refer the student to the child’s school
principal for appropriate action using a form developed for this purpose.
Disciplinary Action
Upon receipt of a
transportation disciplinary referral, the principal will promptly notify the
student’s parent(s) or person(s) in parental relationship by forwarding a copy
of the referral form.
Before a student can be
disciplined for acts of misconduct committed while on a school bus, there must
be a reasonable degree of certainty that the student was the perpetrator of, or
was otherwise involved in, such conduct the principal will base his/her
determination upon interviews with the student and any eyewitnesses involved,
including other students, teachers, bus drivers, and/or transportation
officials.
The principal may impose
an appropriate disciplinary measure proportionate to the offense, including but
not limited to:
1) Verbal and/or written warning of the
potential for suspension of transportation privileges if the student misbehaves
on the bus again;
2) Detention;
3) In-school suspension;
4) Short or long term suspension from
transportation privileges, in accordance with due process procedures as
outlined below.
The particular
disciplinary measure that will be imposed (including the length of any
suspension from transportation privileges) shall be based upon consideration of
the nature of the particular misconduct, the degree of potential harm to other
students, the number of times a student has been previously determined to have
misbehaved on a school bus, or any other factors deemed applicable by the
principal. While these disciplinary measures are intended to provide for a
range of sanctions of increasing severity, the principal reserves the authority
to impose a long term suspension from transportation privileges (rather than a
lesser penalty such as a warning) for “first time” offenders in cases of
extremely dangerous conduct.
Due
Process Procedures
Only the Board of
Education, the Superintendent, and/or his/her designee has the authority to
suspend the transportation privileges of students who are disorderly or
insubordinate. In accordance with District policy, the school principal has
been delegated the authority to suspend students from bus transportation.
No student shall be
suspended from riding the bus, for any period of time, until the principal has:
1) Prior to the imposition of the
suspension, granted to the student and the parent(s) or person(s) in parental
relationship to the student an opportunity for an informal conference to
discuss the factual situation underlying the threatened suspension, and
2) Provided the student and the parent(s)
or person(s) in parental relationship to the student adequate notice of such
conference.
The decision of the
principal with regard to any disciplinary action imposed may be appealed to the
Superintendent of Schools. The decision of the Superintendent may be appealed
to the Board of Education.
If a student with a
disability, who receives transportation as a related service as part of his/her
Individualized Education Program or Section 504/ADA Accommodation Plan, is
being considered for suspension from transportation, and that suspension would
effectively result in a change in placement, the student shall be referred to
the Committee on Special Education or Section 504 Team, whichever is applicable.
Alternate
Arrangements
Generally, parent(s) or
person(s) in parental relationship will be required to make alternative
transportation arrangements for their children who have been suspended from
riding the bus. However, the effect of a suspension from transportation on the
student’s ability to attend school will be considered. If a suspension from
transportation effectively results in a suspension from attendance because of
the distance between the home and the school and the absence of alternative public
or private means of transportation, the District shall make appropriate
arrangements to provide for the student’s education.
As stated in Board of
Education Procedure #7340P
BUS
RULES AND REGULATIONS
|
Responsibility |
Action |
|
Building
Principal/Designee |
1) a. Warns student regarding unacceptable
bus behavior |
|
|
b. May complete an incident report form
detailing specific violations of rules.
Submits form to respective principal |
|
|
c. Discusses the situation with the student
and reviews consequences of behavior. |
|
|
d. May communicate with the parents of the student and informs them of the problem. e. Other actions as may be deemed
appropriate in a given situation. |
|
Student |
2) a. Behavior on the bus improves and the
problem is resolved. Or b. Further formal report of violations of
bus rider regulations is necessary. |
|
Building
Principal/Designee |
3) a. Makes the decision to suspend bus riding
privilege for prescribed length of time; grants student and parents
opportunity for informal conference to discuss the factual situation
underlying the threatened suspension; provides adequate notice of such
conference. Or b. After meeting
with the parents, and/or the student,
and/or the bus driver (if necessary) decides that the problem is resolved and
receives assurances that regulations will be observed. c. Keeps a
written record of all bus disciplinary cases which he/she handles. d.
Other
actions as may be deemed appropriate. |
TEACHER’S
REPORT TO PRINCIPAL OF A
SUBSTANTIALLY
DISRUPTIVE STUDENT
Reporting Teacher: ___________________________________________________________
Student’s Name:
_____________________________________________________________
Student’s
Grade: _____ Date of Removal:
________ Time of Removal: _______
Is
the student a classified student? If yes, a manifest determination hearing may
be required before the student can be removed from the classroom because it is
a change in placement. (See Manifest determination Process)
_______________ Yes __________ No
Number
of days for removal (maximum of 2):
__________
I
am removing this student from my classroom because the student (give incident)
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Reasons
for removal and prior interventions (give all incidents that have lead up to
the removal that support “substantially disruptive”)
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
The
following people witnessed the incident(s)
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
I
have determined that this student’s conduct:
________ was substantially disruptive of the
educational process
________ substantially interfered with my authority
in the classroom
________ both of the above
CHECK
ONE:
________
I have already provided the student with an explanation of the basis for
this removal and allowed student to informally present their version of
relevant events.
________
I am making this removal and referral without first providing the
student with an explanation of the basis for this removal and allowing the
student to informally present their version of relevant event because I have
determined that the student’s continued presence in the classroom would pose a
danger to the other students. Within one school day of this removal, I will
provide the pupil with an explanation of the basis for the removal and give the
student an informal opportunity to present their version of relevant events.
Date
of explanation _______________ Time of explanation_____________
Removing
Teacher’s Signature:
________________________________________________
PRINCIPAL’S
DETERMINATION
I
have review the following removal and based on the totality of these
considerations, I find that:
________ The removal is supported by substantial evidence.
________ The removal is not supported by substantial
evidence and the pupil is to return to class immediately.
_______ The removal conforms to all applicable law
and the District’s Code of Conduct
________ This does not fully conform to all
applicable law or the District’s Code of Conduct and the pupil is to return to
class immediately
________ The pupil’s conduct does warrant suspension
from school and the procedures for school suspension will be initiated in lieu
of this removal from class.
________ The pupil’s conduct does not warrant
suspension from school
Dated: ____________ Principal’s
Signature : __________________________
MANIFEST
DETERMINATION PROCESS
NOTIFICATION
OF REMOVAL AND RIGHT TO AN INFORMAL CONFERENCE
Dear _______________________
Please
be advised that your child,
_______________________________________, has been removed from
_________________________, class for a period of ________________ days
because
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Your child’s days and
hours of school attendance are not affected by this removal. Their educational
programming and activities will be arranged as necessary.
You and your child may
request an informal conference with the Principal and myself to discuss the
reason(s) for this removal and to give your explanation of relevant events. If
you request a conference, it must be held at or before
__________________________. (within 2 school days)
Please advise me upon
receipt of this letter as to whether you choose an informal conference. If I do
not receive a call today, I will assume that no conference will be necessary.
Thank
you.
Sincerely,
(Teacher’s
Signature)
Principal’s
Signature ___________________________________
XIX. Suspension from School – Policy #7313
The
Superintendent and/or the principal may suspend the following students from
required attendance upon instruction:
a)
A student who is insubordinate or disorderly; or
b)
A student who is violent or disruptive; or
c)A student whose conduct otherwise endangers
the safety, morals, health or welfare of others.
When a student has been suspended and
is of compulsory attendance age, immediate steps shall be taken to provide
alternative instruction which is of an equivalent nature to that provided in
the student's regularly scheduled classes.
Suspension: Five Days or Less
The Superintendent and/or the principal
of the school where the student attends shall have the power to suspend a
student for a period not to exceed five (5) school days. In the absence of the principal, the designated
"Acting Principal" may then suspend a student for a period of five
(5) school days or less.
When the Superintendent or the
principal (the "suspending authority") proposes to suspend a student
for five (5) school days or less, the suspending authority shall provide the
student with notice of the charged
misconduct. If the student denies
the misconduct, the suspending authority shall provide an explanation of the basis for the suspension.
When suspension of a student for period
of five (5) school days or less is proposed, administration shall also
immediately notify the parent/person in parental relation in writing that the
student may be suspended from school.
Written notice shall be provided by
personal delivery, express mail delivery, or equivalent means reasonably
calculated to assure receipt of such notice within twenty-four (24) hours of
the decision to propose suspension at the last known address or addresses of
the parents/persons in parental relation.
Where possible, notification shall also be provided by telephone if the
school has been provided with a telephone number(s) for the purpose of
contacting parents/persons in parental relation.
The notice shall provide a description
of the incident(s) for which suspension is proposed and shall inform the
student and the parent/person in parental relation of their right to request an
immediate informal conference with the principal in accordance with the
provisions of Education Law Section 3214(3)(b). Both the notice and the
informal conference shall be in the dominant language or
mode
of communication used by the parents/persons in parental relation. At the informal conference, the student
and/or parent/person in parental relation shall be authorized to present the
student's version of the event and to ask questions of the complaining
witnesses.
The notice and opportunity for informal
conference shall take place prior to
suspension of the student unless the student's presence in the school
poses a continuing danger to persons or property or an ongoing threat of
disruption to the academic process, in which case the notice and opportunity
for an informal conference shall take place as soon after the suspension as is
reasonably practical.
Teachers shall immediately report or
refer a violent student to the principal or Superintendent for a violation of
the District's Code of Conduct and a
minimum suspension period.
Suspension: More Than Five School Days
In situations where the Superintendent
determines that a suspension in excess of five (5) school days may be
warranted, the student and parent/person in parental relation, upon reasonable
notice, shall have had an opportunity for a fair hearing. At the hearing, the student shall have the
right of representation by counsel, with the right to question witnesses
against him/her, and the right to present witnesses and other evidence on
his/her behalf.
Where the basis for the suspension is,
in whole or in part, the possession on school grounds or school property by the
student of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor,
stiletto or any of the weapons, instruments or appliances specified in Penal
Law Section 265.01, the hearing officer or Superintendent shall not be barred
from considering the admissibility of such weapon, instrument or appliance as
evidence, notwithstanding a determination by a court in a criminal or juvenile
delinquency proceeding that the recovery of such weapon, instrument or
appliance was the result of an unlawful search or seizure.
Minimum Periods of Suspension
Pursuant to law, Commissioner's
Regulations and the District's Code of
Conduct, minimum periods of suspension shall be provided for the following
prohibited conduct, subject to the requirements of federal and state law and
regulations:
a)
Consistent
with the federal Gun-Free Schools Act, any student who is determined to have
brought a weapon to school or possessed a weapon on school premises shall be
suspended for a period of not less than one (1) calendar year. However, the Superintendent has the authority
to modify this suspension requirement on a case-by-case basis.
b)
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, provided that the suspending authority
may reduce such period on a case-by-case basis to be consistent with any other
state and federal law. The definition
of "repeatedly is substantially disruptive of the educational process or
substantially interferes with the teacher's authority" shall be determined
in accordance with the Regulations of the Commissioner.
c)
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-a)(a), provided
that the suspending authority may reduce such period on a case-by-case basis to
be consistent with any other state and federal law.
Suspension of Students with Disabilities
Generally, should a student
with a disability infringe upon the established rules of the schools,
disciplinary action shall be in accordance with procedures set forth in the District's Code of Conduct and in
conjunction with applicable law and the determination of the Committee on
Special Education (CSE).
If suspension or removal from the current educational
placement constitutes a disciplinary change in placement because it is for more
than ten (10) consecutive school days or constitutes a pattern because the
suspensions or removals cumulate to more than ten school days in a school year,
the Committee on Special Education shall conduct a review of the relationship
between the child's disability and the behavior subject to the disciplinary
action. If it is determined, as a result
of this review, that the student's behavior is not a manifestation of his/her
disability, the relevant disciplinary procedures applicable to students without
disabilities may be applied to the student in the same manner in which they
would be applied to students without disabilities, subject to the right of the
parent/person in parental relation to request a hearing objecting to the
manifestation determination and the District's obligation to provide a free,
appropriate public education to such student.
Additionally, the District may seek an order from a hearing
officer for a change in placement of a student with a disability to an
appropriate interim alternative educational setting for up to forty-five (45)
days if the District establishes, in accordance with law, that such student is
substantially likely to injure himself/herself or others.
If it is determined that the student's behavior is a
manifestation of his/her disability, the student may not be removed from the
current placement unless in accordance with law. The student shall be referred to the CSE for program
modification.
Suspension From BOCES
The BOCES principal may
suspend School District students from BOCES classes for a period not to exceed
five (5) school days when student behavior warrants such action.
In-School Suspension
In-school suspension will be
used as a lesser discipline to avoid an out-of-school suspension. The student shall be considered present for
attendance purposes. The program is
used to keep each student current with his/her class work while attempting to
reinforce acceptable behavior, attitudes and personal interaction.
BOCES Activities
BOCES activities, like field
trips and other activities outside the building itself, are considered an
extension of the school program.
Therefore, an infraction handled at BOCES is to be considered as an act
within the School District itself.
A student who is ineligible
to attend a District school on a given day may also be ineligible to attend
BOCES classes. The decision rests with
the Superintendent or his/her designee.
Exhaustion of Administrative Remedies
If a parent/person in parental relation wishes to appeal the
decision of the building principal and/or Superintendent to suspend a student
from school, regardless of the length of the student's suspension, the
parent/person in parental relation must appeal to the Board of Education prior
to commencing an appeal to the Commissioner of Education.
Education Law Sections 2801
and 3214
8 New York Code of Rules and
Regulations
(NYCRR) Section 100.2(l)(2)
and Part 201
18 United States Code (USC)
Sections 914 and 921
20 United States Code (USC)
Section 8921
20 United States Code (USC)
Sections 1400-1485,
Individuals with
Disabilities Education Act (IDEA)
34 Code of Federal
Regulations (CFR) Part 300
Adopted: 6/25/96
Revised: 9/13/99; 6/26/00
As stated in Board of Education Regulation 7313R,
GUIDELINES
FOR SUSPENSION
1) Keep careful records of all violations of
school regulations. This should include names, dates, circumstances,
investigation and disposition.
2) Utilize support personnel to find ways of
helping the student and/or parents to solve the problem (teachers, guidance,
psychologists, social worker, attendance officer, etc.)
3) Utilize all school and community agencies
which might prove helpful.
4) Record all attempts to deal with problems,
including parent conferences, teacher observations, record of referrals to
other personnel and agencies and their reports.
5) When the principal has exhausted all
available alternatives and resources and feels that the student’s continued
presence in school would constitute a threat or danger to himself/herself or
other students, the matter should be referred to the Superintendent of Schools.
6) When a student has been suspended and is
of compulsory attendance age, immediate steps shall be taken to provide
alternative instruction which is of an equivalent nature to that provided in
the student’s regularly scheduled classes.
7) When a student is suspended from school
for a period of five days or less, administration shall immediately notify the
parents/legal guardians in writing that the student has been suspended. Notice
will be sent to the last known address of the student’s parents/legal guardians
in such manner as to assure receipt of the notice within 24 hours of the
student’s suspension. Where possible, notification shall also be provided by
telephone.
8) The notice shall describe the incident(s)
which resulted in the suspension and shall inform the parents/legal guardians
of their right to request an immediate informal conference with the principal
in accordance with the provisions of Education Law, Section 3214(3)(b). Both
the notice and informal conference shall be in the dominant language or mode of
communication used by the parents/legal guardians.
NOTE: Refer
also to #731 OR — Discipline. #731 3R. I — Superintendent’s Hearing
and #7313R.2 - Long-Term Suspension and Manifest
determination’ Hearings For Students With Disabilities.
XX. Superintendent’s Hearing – Regulation #7313R.1
As stated in Board of Education
Regulation #7313R.1,a student may not be suspended for a period in excess of
five school days unless he/she and the person in parental relation to him/her
shall have had an opportunity for a Superintendent’s Hearing at which the
student shall have the right to be represented by an attorney, the right to
present witnesses and other evidence on his/her own behalf and the right to
cross-examine witnesses against him/her. The notice of the hearing should
advise the student of the grounds for the charges in specific enough terms to
enable him/her to anticipate reasonably the subject content of the proposed
hearing and to prepare a defense.
The student may bring a
parent or person in parental relationship with him/her to the hearing, and both
the student and the person invoking the hearing procedure may be represented by
counsel. An interpreter should be available, if needed.
At the hearing, persons
having direct knowledge of the facts should be called to testify. Hearsay
evidence may be admitted but alone is not sufficient, notwithstanding the
administrative nature of the proceeding. There must be some direct evidence of
guilt of the charges. The burden of proving guilt rests upon the person making
the charge, and the student is entitled to a presumption of innocence of
wrongdoing unless the contrary is proved. The student may testify in his/her
own behalf and is free to cross-examine witnesses against him/her.
Both the Superintendent
of Schools and the Board of Education are authorized to appoint a hearing
officer to conduct student disciplinary hearings. The report of the hearing
officer is advisory only, and the Superintendent of Schools or Board may accept
or reject all or any part of such report.
When a student has been
suspended and is of compulsory attendance age, immediate steps shall be taken
to provide alternative instruction which is of an equivalent nature to that
provided in the student’s regularly scheduled classes. Although the alternative
instruction need not match in every respect the instructional program
previously offered to the student, it must be adequate enough so that the
student may complete his/her course work.
In the case of a
potential long term suspension of a student classified as having a disability,
a referral to the District Committee on Special Education will be made to
determine if the behavior giving rise to the suspension is directly related to
the disability.
XXI. Pins Petitions and Juvenile Delinquents/Juvenile Offenders
School staff must
demonstrate that some diligent efforts has been attempted to rectify the
student problem before considering a PINS referral. These efforts should
include parent meetings, Direct Intervention Team, Child or Student Team or
Network Staffing Team meetings.
1)
PINS
Petitions
The Superintendent or
his/her designee may file a PINS (person in need of supervision) petition in
Family Court on any student under the age of 18 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.
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 possesses
marijuana in violation of Penal Law 221.05. A single violation of 221.05 will
be a sufficient basis for filing a PINS petition.
2)
Juvenile
Delinquents and Juvenile Offenders
The Superintendent or
his/her designee 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
qualifies for juvenile offender status under the Criminal Procedure Law
1.20(42). The Superintendent or his/her
designee is required to refer students age 16 and older or any student 14 or 15
years old who qualifies for juvenile offender status to the appropriate law
enforcement authorities.
XXII. Unlawful Possession of a Weapon Upon School Grounds – Policy #3411, 7360, 7361
As stated in Board of
Education Policy #3411, it shall be unlawful for any person to knowingly
possess any air-gun, spring-gun or other instrument or weapon in which the
propelling force is a spring, air, piston or CO2 cartridge upon school grounds
or in any District building without the express written authorization of the
Superintendent or his/her designee.
Additionally, the
possession of any weapon, as defined in the New York State Penal Code, on
school property or in school buildings is prohibited, except by law enforcement
personnel or upon written authorization of the Superintendent/designee.
Unlawful possession of a
weapon upon school grounds may be a violation of the New York State Penal Law,
and is a violation of School District policy and the Student Discipline Code of
Conduct.
Penal
Law Sections 265.05 and 265.06
NOTE: Refer
also to Policies #7360 -- Dangerous
Weapons in School and #7361 -- Firearms
in School.
XXIII. Dangerous Weapons in School – Policy #3411, 7360, 7361
As stated in Board of
Education Policy #7360, no student shall have in his/her possession upon any
school premises (including Kiwanis Park) or at any school-sponsored activity
any rifle, shotgun, laser pointer, air/pellet gun, knife, throwing stars,
explosives, dangerous chemicals or any other object that could be used as a
weapon. In addition, a dangerous weapon
can also be defined as any object used with the intent to harm.
Any student found guilty
of bringing a dangerous weapon to school or possessing one on school property
or at a school-sponsored event shall be subject to an automatic five day
suspension and a Superintendent's Hearing before re-entering school. Any student found guilty of using a
dangerous weapon with intent to harm will be subject to an additional, extended
or permanent suspension as determined by the Superintendent’s Hearing.
Any student found guilty
of possessing a firearm shall be subject to Policy #7361 -- Firearms In
School and all regulations covered under the Gun-Free Schools Act of 1994.
Suspended students
within the age of compulsory attendance as defined by Education Law Section
3205 will be immediately provided appropriate alternative instruction outside
of the school from which the student has been suspended for the duration of the
suspension. Where a student has been
classified as having a disability pursuant to the Individuals With Disabilities
Education Act (IDEA), in addition to the hearing required by Education Law
Section 3214, such student shall not be suspended in excess of 45 calendar days
for violation of the Gun-Free School Act and shall not be suspended in excess
of ten days for other violations unless the District extends such student the
additional procedural protections required by IDEA in connection with a change
of placement.
Penal
Law 265.01
NOTE: Refer also to Policies #3411 -- Unlawful
Possession of a Weapon Upon School Grounds and #7361 -- Firearms in
School.
SUBJECT: GUN-FREE SCHOOLS –
POLICY #7361
No student shall bring or
possess any "firearm" as defined in federal law on school premises
(including school buildings and grounds, District vehicles, school settings
and/or school sponsored activities under the control and supervision of the
District regardless of location). For
purposes of this policy, the term "firearm" includes any weapon
(including a starter gun) which will or is designed to or may readily be
converted to expel a projectile by the action of an explosive; the frame or receiver
of such weapon; any firearm muffler or silencer; or any "destructive
device" (e.g., any explosive, incendiary, or poison gas, including bombs,
grenades, rockets or other similar devices). The term does not include a rifle
which the owner intends to use solely for sporting, recreational or cultural
purposes; antique firearms; or Class C common fireworks.
In accordance with the
Gun-Free Schools Act Section 3214(3)(d) of the Education Law, any student who
brings or possesses a firearm, as defined in federal law, on school property,
will be referred by the Superintendent to the appropriate agency or authority
for a juvenile delinquency proceeding in accordance with Article 3 of the
Family Court Act when the student is under the age of sixteen (16) except for a
student fourteen (14) or fifteen (15) years of age who qualifies for juvenile
offender status under the Criminal Procedure Law, and will be referred by the
Superintendent to the appropriate law enforcement officials when the student is
sixteen (16) years of age or older or when the student is fourteen (14) or
fifteen (15) years of age and qualifies for juvenile offender status under the
Criminal Procedure Law.
In addition, any student
attending a District school who has been found guilty of bringing a firearm to
or possessing a firearm on school property, after a hearing has been provided
pursuant to Section 3214 of the Education Law, shall be suspended for a period
of not less than one (1) calendar year and any student attending a non-district
school who participates in a program operated by the School District using
funds from the Elementary and Secondary Education Act of 1965 who is determined
to have brought a firearm to or possessed a firearm at a District school or on
other premises used by the School District to provide such programs shall be
suspended for a period of not less than one (1) calendar year from
participation in such program. The
procedures of Education Law Section 3214(3) shall apply to such a suspension of
a student attending a non-district school. Further, after the imposition of the
one (1) year penalty has been determined, the Superintendent of Schools has the
authority to modify this suspension requirement for each student on a
case-by-case basis. In reviewing the student's one (1) year suspension penalty,
the Superintendent may modify the penalty based on factors as set forth in
Section 100.2 of the Regulations of the Commissioner of Education and in
Commissioner's Decisional Law. The determination
of the Superintendent shall be subject to review by the Board of Education in
accordance with Education Law Section 3214(3)(c) and by the Commissioner of
Education in accordance with Education Law Section 310.
Student
with a Disability
A student with a disability
who is determined to have brought a firearm to school or possessed a firearm at
school may be placed in an interim alternative educational setting, in
accordance with federal and state law, for not more than forty-five (45)
calendar days. If the parent or guardian requests an impartial hearing, the
student must remain in the interim alternative placement until the completion
of all proceedings, unless the parent or guardian and District can agree on a
different placement.
A student with a disability
may be given a long term suspension pursuant to the Gun-Free Schools Act only
if a group of persons knowledgeable about the student, as defined in federal
regulations implementing the IDEA, determines that the bringing of a firearm to
school or possessing a firearm at school was not a manifestation of the
student's disability, subject to applicable procedural safeguards.
If it is determined that the
student's bringing of a firearm to school or possessing a firearm at school was
a manifestation of the student's disability, the Superintendent must exercise
his/her authority under the Gun-Free Schools Act to modify the long term
suspension requirement, and determine that the student may not be given a long
term suspension for the behavior. The
Committee on Special Education may review the student's current educational
placement and initiate change in placement proceedings, if appropriate, subject
to applicable procedural safeguards.
The District may offer home
instruction as an interim alternative educational setting during the pendency
of review proceedings only if the student's placement in a less restrictive
alternative educational setting is substantially likely to result in injury
either to the student or to others.
The District may also seek a
court order to immediately remove a student with a disability from school if
the District believes that maintaining the student in the current educational
placement is substantially likely to result in injury to the student or to
others.
Students with disabilities
continue to be entitled to all rights enumerated in the Individuals With
Disabilities Education Act and Article 89 of the Education Law; and this policy
shall not be deemed to authorize suspension of students with disabilities in
violation of these laws.
This policy does not
prohibit the District from utilizing other disciplinary measures including, but
not limited to, out-of-school suspensions for a period of five days or less, or
in-school suspensions, in responding to other types of student misconduct which
infringe upon the established rules of the school. Additionally, this policy
does not diminish the authority of the Board of Education to offer courses in
instruction in the safe use of firearms pursuant to Education Law Section
809-a.
The District will continue
to provide the suspended student who is of compulsory attendance age with
appropriate alternative instruction during the period of the student's
suspension.
Gun-Free Schools Act
18 United States Code (USC)
Section 921(a)
Individuals With
Disabilities Education Act (IDEA)
20 United States Code (USC)
Sections 1400-1485 and 7151
Criminal Procedure Law
Section 1.20(42)
Education Law Sections 310,
809-a, 3214,
and Article 89
Family Court Act Article 3
8 New York Code of Rules and
Regulations
(NYCRR) Section 100.2 and
Part 200
NOTE: Refer also to Policies #3411 -- Unlawful Possession of a
Weapon Upon School Grounds
#7360 -- Dangerous
Weapons in School
XXIV. Regulations Regarding Gun Free Schools Regulation #7361R
As stated in Board of
Education Regulation #7361R,in accordance with the Gun-Free Schools Act of 1994
and School District policy, any student found guilty of bringing a firearm, as
defined in federal law, either onto school premises or having such a firearm in
his or her possession on school premises, after a hearing has been provided
under Education Law Section 3214, will be suspended from school for a period of
not less than one year, unless the Superintendent imposes a lesser penalty on a
case-by-case basis.
In addition, any student
who brings a firearm, as defined in federal law, onto school property, or has
such a firearm in his/her possession on school premises, or brings such a
firearm to any setting that is under the control or supervision of the School
District, will be referred by the Superintendent to the appropriate agency or
authority for a juvenile delinquency proceeding in accordance with Article 3 of
the Family Court Act when the student is under the age of sixteen and will be
referred by the Superintendent to the appropriate law enforcement officials
when the student is sixteen years of age or older.
To implement the terms
of District policy and the Gun-Free Schools Act of 1994, the following
regulations shall apply:
1) In reviewing the one-year suspension,
the Superintendent may modify the penalty based on factors set forth in Section
100.2 of the Regulations of the Commissioner of Education and in Commissioner’s
Decisional Law. Those factors may include, but are not limited to, the
following:
a. The age of the student;
b. The student’s grade in school;
c. The student’s prior disciplinary record; A decision that other forms of discipline
may be more effective for this particular student;
e. Any other extenuating circumstances.
2) A student with a disability who is
determined to have brought a firearm to school may be placed in an interim
alternative educational setting, in accordance with state law, for not more
than 45 calendar days. If the parent or legal guardian requests an impartial
hearing, the student must remain in the interim alternative placement until the
completion of all proceedings, unless the parent or legal guardian and District
can agree on a different placement.
3) A student with a disability may be
given a long term suspension pursuant to the GFSA only if a group of persons
knowledgeable about the student; as defined in federal regulations implementing
the IDEA, determines that the bringing of a firearm to school was not a
manifestation of the student’s disability. Such long term suspension may only
be imposed in accordance with applicable procedural safeguards. During the
period of disciplinary exclusion from school, the student with a disability
must continue to be provided a program of appropriate educational services that
is individually designed to meet his/her unique learning needs.
4) If it is determined that the students
bringing of a firearm to school w.~ a manifestation of the student’s
disability, the Superintendent must exercise his/her authority under the
Gun-Free Schools Act to modify the long term suspension requirement, and
determine that the student may not be given a long term suspension for the
behavior. The Committee on Special Education may review the student’s current
educational placement and initiate change in placement proceedings, if
appropriate, subject to applicable procedural safeguards.
5) If the parent/legal guardian of a child
with a disability disagrees with the ultimate determination of the CSE
concerning the student’s placement, in accordance with Part 200 of the
Commissioner’s Regulations the parent/legal guardian shall have the right to
request an impartial hearing.
6) In addition to the obligation under the
IDEA to provide educational services to students with disabilities who are
suspended pursuant to the Gun-Free Schools Act, the District will provide
appropriate alternate instruction to non-disabled students of compulsory school
age during the period of the student’s suspension.
XXV. Alternative Instruction – Policy #7313
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.
XXVI. Discipline of Students with Disabilities- Policy #7310, 7313, 7313.2 R
As stated in Board of
Education Regulation 7313R.2, established regulations and policies for
discipline and suspension of all students are to be utilized for students with
disabilities [see Education Law Section 3214(3) and New York Code of Rules and
Regulations (NYCRR) Section 100.2(1X4); see also Board Policies #7310 and
#7313]. However, additional procedural safeguards apply whenever a student with
a disability has been or may be referred to a Superintendent’s Hearing for a
possible long-term suspension upon instruction. The intent of this regulation
is to assure that proper consideration is given to the effects of the student’s
disability and the adequacy of his or her current program upon the behavior(s)
for which he or she is being charged. In the event this regulation is not to be
interpreted to void or circumvent established Board of Education policies and
administrative regulations pertaining to discipline or suspension of students,
nor is it intended to deny any rights of a student granted by a higher
authority (via laws, regulations or court of competent jurisdiction).
Violations involving particular kinds of weapons may invoke additional
procedures or penalties [e.g., the Gun-Free Schools Act of 1994,20 United
States Code (USC) Section 8921; see also Board Policy #7361].
Definitions:
a) Long-Tern Suspension - Temporary
denial of attendance of more than five school days.
b) “Manifest determination” Group -
The membership will be comprised of the members of the Committee on Special
Education (CSE)/Individualized Education Program (IEP) team or a
multidisciplinary team under Section 504 (of the Rehabilitation Act of 1973; 29
United States Code (USC) Section 706(8) et seq. for a ‘handicapped pupil’ as
defined by that Act
c) Eligibility for a “Manifest
Determination Meeting” - One or more of the following events is required to
trigger a “manifest determination review” for a student with a disability:
1. In all cases the student has been
identified as ‘disabled’ by the CSE/IEP team under the Individuals with
Disabilities Education Act (IDEA); 20 United States Code (USC) Section 1401 et.
seq. or Section 504, or school officials should reasonably suspect a
disability;
2.
The
suspension exceeds five days in length.
3.
The
student has been referred by the building principal to a “Superintendent’s
Hearing”;
4. The student has a record of “patterns
or exclusion” which approaches 10 cumulative days per year, and/or
5. The student is charged with a crime
that suggests a change of placement or program (including but not limited to
violations of the Gun-Free Schools Act.)
When the Superintendent
considers imposing a long-term suspension for a student with a disability
(which by definition constitutes a significant change in placement) a “manifest
determination” group must meet prior to the sanction’s being imposed and comply
with the following criteria:
a) Persons to be present at the group
meeting must be knowledgeable about:
1. The particular student who is the
subject of the contemplated action;
2. The meaning of the evaluation data
regarding the student, with the data being drawn from a variety of sources; and
3. The placement options.
b) The purpose of the group meeting will
be to:
1. Determine whether the student’s
behavior is an element of or related to the student’s disability;
2. Determine whether the student’s
behavior is the result of an inappropriate placement (or if additional
evaluations are required); and
3. Consider the sanction or action to be
(or that has been) taken.
c) The minutes of the group meeting will
be maintained.
d) Where no manifest determination is
found, and no disability, the student may be suspended as appropriate (appeal
of a Student with a Disability 34 Ed. Dept. Rep., Decision #13450, dated July 13, 1995).
e) If the behavior is UQI an element of or
related to the disability and is the result of an inappropriate placement as
determined at the meeting, the sanction can be imposed:
1. The group members also must consider
whether the sanction will deny the student a free appropriate public education
or is discriminatory.
2. The sanction may be applied following
written notice to the parent/guardian.
f) If the behavior g an element of, or
related to the disability (e.g., “manifest determination’ is identified), or is
the result of an inappropriate placement, a different placement or revised
program must be considered (Honig v. Doe, 484 US 305). If no manifest
determination is found, yet a disability is indicated or has been identified,
discipline may be imposed, but the student’s placement cannot be changed
without adhering to the due process requirements for changing the placement of
a student with a disability (Metropolitan School District, 969 F.2d485).
If necessary, a placement for evaluation purposes can be invoked during the
period of time a new placement or program is being developed if consented to by
the child’s parent or guardian.
g) After the group meeting, written notice
will be provided the parent/guardian which includes:
1. Date and time of the group meeting, and
membership of the “manifest determination” group.
2. Sources of information used in reaching
the decision(s).
3. The decision(s) regarding the
relationship of the disability to the behavior, and the appropriateness of the
placement and the proposed action or sanction.
4. Notice of the right to a due process
hearing or independent educational evaluation [8 NYCRR 200.5(a)] as applicable
to all students with a disability.
5. Notice of the right to a
(Superintendent’s) hearing in cases where the disability or the placement has
been determined not to relate to the behavior.
Emergency Suspension
Notwithstanding the
foregoing provisions, if a disabled student’s behavior is such that his/her
presence creates an immediate and continuing danger to himself/herself, other
students, or school personnel, or an immediate and continuing threat of
substantial disruption of the educational process, the student may be suspended
for up to five days. A short term suspension is not considered a significant
change of placement. Educational services are not required during a short-term
suspension of a student with a disability. [Eric J. vs Huntsville
Board of Education, 22 IDELR 858].
Obligations to Students
Pending (Due Process) Hearing
During the time period
from the initiation of a request for an ‘IDEA” due process hearing [8 NYCRR
200.5(c)] through the appeal process, the District is required to continue
providing educational services to a student with a disability at his/her “stay
put’ placement unless an alternative is mutually agreed upon by parent/guardian
and District, or the District receives a ‘Honig injunction’ from the courts to
unilaterally order an alternative placement. If the student is charged with
violating the Gun-Free Schools Act, or with bringing a weapon to school or a
school function, or knowingly possessing or using illegal drugs or
selling or soliciting the sale of a controlled substance while at school or a
school function, he/she may be removed from school to an alternative placement
for not more than 45 calendar days.
The District may also
request an expedited hearing, allowing a hearing officer to order a change
in placement of a student with a
disability to an appropriate interim alternative setting for not more than 45
days if the hearing officer determines the current placement of the student is
substantially likely to result in injury to the student or to others.
Individualized Education
Program (IEP) Discipline Plans
Within the IEP process,
which includes a meeting of the parent/guardian, teacher(s), and District
representative who is qualified to provide or supervise special education
services, a plan may be established for the discipline of a specific behavior
in order to reach behavior goals. This plan may include removal from school for
specified amounts of time as a part of the IEP, if agreed to by the parent or
guardian. Either the appropriate school personnel or the parent/guardian may
request a new IEP meeting if either finds that the plan is not satisfactory or
in need of revision.
XXVII. Student Searches and Interrogations – Policy #7330, 7330R
As stated in Board of
Education Policy #7330, students are protected by the Constitution from
unreasonable searches and seizures. A
student may be searched and contraband seized on school grounds (including
grounds leased by the District), school buses, or in a school building by a
School District employee only when the School District employee has reasonable
suspicion to believe the student is engaging in proscribed activity which is in
violation of school rules and/or illegal.
Factors to be considered
in determining whether reasonable suspicion exists to search a student include:
a) The age of the student;
b) The student’s record and past history;
c) The predominance and seriousness of the
problem in the school where the search is directed; and
d) The urgency to conduct the search
without delay.
If reasonable suspicion
exists to believe that a student possesses a weapon, it is permissible for a
School District employee to frisk that student.
Lockers
Lockers are provided for
student use by the school and the administration has the right to search
lockers. A student may have exclusive use of a locker as far as other students
are concerned but he/she does not have such exclusivity over the locker as it relates
to the school authorities.
Questioning
of Students by School Officials
School officials have
the right to question students regarding any violations of school rules and/or
illegal activity. In general,
administration may conduct investigations concerning reports of misconduct
which may include, but are not limited to, questioning students, staff,
parents/guardians, or other individuals as may be appropriate and, when
necessary, determining disciplinary action in accordance with applicable due process
rights.
Should the questioning
of students by school officials focus on the actions of one particular student,
the student will be questioned, if possible, in private by the appropriate
school administrator. The student’s parent/guardian may be contacted; the
degree, if any, of parental/guardian involvement will vary depending upon the
nature and the reason for questioning, and the necessity for further action
which may occur as a result.
The questioning of
students by school officials does not preclude subsequent questioning/
interrogations by police authorities as otherwise permitted by law. Similarly, the questioning of students by
school officials does not negate the right/responsibility of school officials
to contact appropriate law enforcement agencies, as may be necessary, with
regard to such statements given by students to school officials.
School officials acting
alone and on their own authority, without the involvement of or on behalf of
law enforcement officials (at least until after the questioning of students by
school authorities has been conducted) are not required to give the so-called
“Miranda warnings” (i.e., advising a person, prior to any custodial
interrogations as defined in law, of the right to remain silent; that any
statement made by the individual may be used as evidence against him/her; and
that the individual has the right to the presence of an attorney, either
retained or appointed) prior to the questioning of students.
If deemed appropriate
and/or necessary, the Superintendent/designee may also review the circumstances
with School District legal counsel so as to address concerns and the course of
action, if any, which may pertain to and/or result from the questioning of
students by school officials.
Law Enforcement Officials
It shall be the policy
of the Base School District that a cooperative effort shall be maintained
between the school administration and law enforcement agencies. Law enforcement
officials may be summoned in order to conduct an investigation of alleged criminal
conduct on school premises or during a school-sponsored activity, or to
maintain the educational environment.
They may also be summoned for the purpose of maintaining or restoring
order when the presence of such officers is necessary to prevent injury to
persons or property.
Administrators have the
responsibility and the authority to determine when the assistance of law
enforcement officers is necessary within their respective jurisdictions. The School District’s administrators shall at
all times act in a manner that protects and guarantees the rights of students
and parents.
Interrogation
of Students by Law Enforcement Officials
If police are involved
in the questioning of students on school premises, whether or not at the
request of school authorities, it will be in accordance with applicable law and
due process rights afforded students.
Generally, police authorities may only interview students on school
premises without the permission of the parent/guardian in situations where a
warrant has been issued for the student’s arrest (or removal). Police authorities may also question
students for investigations of crimes committed on school property. Generally, in all other situations, if the
police wish to speak to a student without a warrant, they should take the
matter up directly with the student’s parent/guardians.
Family
Court Act Section 1024
Education
Law Sections 1709(2) and (33) and 2801
8
New York Code of Rules and Regulations
(NYCRR)
Section 100.2(l)
As
stated in Board of Education Regulation #7330R, interviews of students by
police authorities will be allowed only when:
a) The officer has a warrant; or
b) Written or verbal permission from a
parent or guardian is obtained; or
c)
The
questioning of students concerns a crime committed on school property.
Removal of
students by police authorities will be allowed only when:
a) Written permission from a parent or
guardian is obtained; or
b) The officer has a warrant; or
c) The parent or guardian is present and
gives consent.
In each instance, the
building administrator must notify the Superintendent in matters regarding a
school request for investigation of an incident, an administrator must be
present at all times. Due process shall be followed and parents/legal guardians
shall be notified at any point where criminal involvement by their child is
suspected. Whenever possible and if appropriate, the parents/legal guardians
will be present the building administrator will provide a private place for all
interrogations.
As stated in Board of
Education Regulation #7330R.1, it is a student’s responsibility to abide by the
school’s standards of conduct. These include the proper utilization of lockers
as storage space for clothing, books and other school paraphernalia.
When principals have a
reasonable suspicion that illegal objects or substances that threaten the
health or welfare of the occupants of a school are on a student’s person or in
a student’s locker, they may search the student or locker. The student may be
informed of such search but his/her consent is not necessary.
When school officials
have a reasonable suspicion that contraband is hidden upon a student or in a
student’s locker, they may act upon that suspicion and conduct a search. School
officials may request other persons to be present when the locker is opened
If the student is absent
or the presence of weapons, explosives or poisonous materials is suspected,
such previous notification is not necessary.
No member of the
opposite sex shall have physical contact with a student or any clothing he or
she is wearing during the course of a search. This restriction does not apply
where the suspected evidence is contained in an article in the student’s
possession such as a coat, purse or book bag.
The administrator and/or
School Nurse should inform the Superintendent as soon as possible, but not
later than 24 hours, of the search, detailing the scope of the search and the
factors which formed his or her reasonable belief that the search should be
conducted. A written report may be requested by the Superintendent. The
principal or a delegate shall be present during a search.
If the circumstances
which led to the search or the evidence obtained as a result of the search
indicate that a violation of the criminal law may have occurred, the
administrator, in consultation with the Superintendent, should determine
whether or not law enforcement authorities should be contacted to conduct an
investigation. In the absence of the Superintendent, or in emergency
situations, the determination may be made by the building administrator. Police
authorities may be summoned to the school grounds to prevent personal injury
and serious property damage or to take appropriate legal actions.
Any evidence obtained as
a result of a search should immediately be placed in an appropriate container
such as an envelope, plastic bag or box or sealed in the presence of another
School District employee. It should be safeguarded by the administrator and a
record should be maintained of any activity regarding the evidence such as its
transfer to another person.
Physical
searches shall not be conducted by members of the teaching, secretarial,
custodial or food service staff. In the event any such employee believes there
has been a violation of school rules or the law, an administrator should be
contacted who will determine if, and to what extent, the search should be made.
If a bus driver believes that a student on a bus has violated school rules or
the law and is in possession of such evidence, and it is not possible to have
an administrator present, he or she may conduct a search following the same
guidelines pertaining to the scope of the search, the conduct of the search,
and the control of the evidence obtained from the search.
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
district security officials 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.
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 unless they
are known to have previously supplied information that they knew was not
accurate.
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.
Whenever practicable, searches
will be conducted in the privacy of administrative offices and students will be
present when their possessions are being searched.
A.
Student
Lockers, Desks and other School Storage Places
The rules in this code
of conduct regarding searches of students and their belongings do not apply to
student lockers, desks and other school storage places. Students have no
reasonable expectation of privacy with respect to these places and school
officials retain complete control over them. This means that student lockers,
desks and other school storage places may be subject to search at any time by
school officials, without prior notice to students and without their consent.
B.
Strip
Searches
A strip search is a
search that requires a student to remove any or all of his or her clothing,
other than an outer coat or jacket. If an authorized school official believes
it is necessary to conduct a strip search of a student, the school official may
do so only if the search is authorized in advance by the superintendent or the
school attorney. The only exception to this rule requiring advanced
authorization is when the school official believes there is an emergency
situation that could threaten the safety of the student or others.
Strip searches may only
be conducted by an authorized school official of the same sex as the student
being searched and in the presence of another district professional employee
who is also of the same sex as the student.
In every case, the
school official conducting a strip search must have probable cause – not simply
reasonable cause – to believe the student is concealing evidence of a violation
of law or the district code. In addition, before conducting a strip search, the
school official must consider the nature of the alleged violation, the student’s
age, the student’s record and the need for such a search.
School officials will
attempt to notify the student’s parent by telephone before conducting a strip
search, or in writing after the fact if the parent could not be reached by
telephone.
C. Documentation of Searches
The authorized school
official conducting the search shall be responsible for promptly recording the
following information about each search:
1. Name, age and grade of student
searched.
2. Reasons for the search.
3. Name of any informant(s).
4. Purpose of search (that is, what
item(s) were being sought).
5. Type and scope of search.
6. Person conducting search and his or her
title and position.
7. Witnesses, if any, to the search.
8. Time and location of search.
9. Results of search (that is, what
items(s) were found).
10. Disposition of items found.
11. Time, manner and results of parental
notification.
The building principal
or the principal’s designee shall be responsible for the custody, control and
disposition of any illegal or dangerous item taken from a student. The
principal or his or her designee shall clearly label each item taken from the
student and retain control of the item(s), until the items is turned over to
the police. The principal or his or her designee shall be responsible for
personally delivering dangerous or illegal items to police authorities.
D. Police Involvement in Searches and
Interrogations of Students
District officials are
committed to cooperating with police officials and other law enforcement
authorities to maintain a safe school environment. Police officials, however,
have limited authority to interview or search students in schools or at school
functions, or to use school facilities in connection with police work. Police
officials may enter school property or a school function to question or search
a student or to conduct a formal investigation involving students only if they
have:
1. A search or an arrest warrant; or
2. Probable cause to believe a crime has
been committed on school property or at a school function; or
3. Been invited by school officials.
Before police officials
are permitted to question or search any student, the building principal or his
or her designee shall first try to notify the student’s parent to give the
parent the opportunity to be present during the police questioning or search.
If the student’s parent cannot be contacted prior to the police questioning or
search, the questioning or search shall not be conducted. The principal or
designee will also be present during any police questioning or search of a
student on school property or at a school function.
Students who are
questioned by police officials on school property or at a school function will
be afforded the same rights they have outside the school. This means:
1. They must be informed of their legal
rights.
2. They may remain silent if they so
desire.
4.
They
may request the presence of an attorney.
XXVIII. Child Abuse – Policy #7530
A. Child Protective Services Investigations –
Outside the Educational Setting
As stated in Board of
Education Policy #7530, the Keshequa Central School District subscribes to all
of the provisions of Title 6 - Child Protective Services of the Social Services
Law (Sections 411-428). Our purpose is
to provide protective services to abused and maltreated children as described
by the law, and to make all school personnel within the District aware of our
legal responsibilities under this law.
Regulations shall be
developed, maintained and disseminated by administration regarding the:
a) Mandatory
reporting of child abuse/neglect;
b) Reporting
procedures and obligations of persons required to report;
c) Provisions
for taking a child into protective custody;
d) Mandatory
reporting of deaths;
e) Immunity
from liability and penalties for failure to report; and
f) Obligations
for provision of services and procedures necessary to safeguard the life of a
child.
Additionally, an ongoing
training program for all professional staff shall be established and
implemented to enable such staff to carry out their reporting responsibilities.
Social
Services Law Sections 411-428
Family
Court Act Section 1012
Education
Law Section 3209-a
Child Abuse in an Educational Setting
The School District is
committed to the protection of students in educational settings from abuse and
maltreatment by employees or volunteers as enumerated in law.
“Child abuse” shall mean any of the
following acts committed in an educational setting by an employee or volunteer
against a child:
a)
Intentionally
or recklessly inflicting physical injury, serious physical injury or death; or
b)
Intentionally
or recklessly engaging in conduct which creates a substantial risk of such
physical injury, serious physical injury or death; or
c)
Any
child sexual abuse, defined as conduct prohibited by Article 130 or 263 of the
Penal Law; or
d)
The
commission or attempted commission against a child of the crime of
disseminating indecent materials to minors pursuant to Article 235 of the Penal
Law.
“Educational setting” shall mean the building(s) and
grounds of the School District; the vehicles provided by the
School
District for the transportation of students to and from school buildings, field
trips, co-curricular and extracurricular activities both on and off School
District grounds; all co-curricular and extracurricular activity sites; and any
other location where direct contact between an employee or volunteer and a
child has allegedly occurred.
In any case where an oral or written
allegation is made to a teacher, school nurse, school guidance counselor,
school psychologist, school social worker, school administrator, School Board
member, or other school personnel required to hold a teaching or administrative
license or certificate, that a child (defined in the law as a person under the
age of twenty-one (21) years enrolled in a school district in this state) has
been subjected to child abuse by an employee or volunteer in an educational
setting, that person shall upon receipt of such allegations:
a)
Promptly
complete a written report of such allegation including the full name of the
child alleged to be abused; the name of the child’s parent; the identity of the
person making the allegation and their relationship to the alleged child
victim; the name of the employee or volunteer against whom the allegation was
made; and a listing of the specific allegations of child abuse in an
educational setting. Such written report shall be completed on a form as
prescribed by the Commissioner of Education.
b)
Except
where the school administrator is the person receiving such an oral or written
allegation, the employee completing the written report must promptly personally
deliver a copy of that written report to the school administrator of the
school in which the child abuse allegedly occurred (subject to the following
paragraph).
In any case where it is
alleged the child was abused by an employee or volunteer of a school other than
a school
Within
the school district of the child’s attendance, the report of such allegations
shall be promptly forwarded to the Superintendent of Schools of the school
district of the child’s attendance and the school district where the abuse
allegedly occurred.
Any employee or volunteer who
reasonably and in good faith makes a report of allegations of child abuse in an
educational setting in accordance with the reporting requirements of the law
shall have immunity from civil liability which might otherwise result by reason
of such actions.
Upon receipt of a written report
alleging child abuse in an educational setting, the school administrator or
Superintendent must then determine whether there is “reasonable suspicion” to
believe that such an act of child abuse has occurred. Where there has been a
determination as to the existence of such reasonable suspicion, the school
administrator or Superintendent must follow the notification/reporting
procedures mandated in law and further enumerated in administrative regulation
including parental notification. When the school administrator receives a
written report, he/she shall promptly provide a copy of such report to the
Superintendent.
Where the school administrator or
Superintendent has forwarded a written report of child abuse in an educational
setting to law enforcement authorities, the Superintendent shall also refer
such report to the Commissioner of Education where the employee or volunteer
alleged to have committed such an act of child abuse holds a certification or
license issued by the State Education Department.
Any school administrator or
Superintendent who reasonably and in good faith makes a report of allegations
of child abuse in an educational setting, or reasonably and in good faith
transmits such a report to a person or agency as required by law, shall have
immunity from civil liability which might otherwise result by reason of such
actions.
Reports and other written material
submitted pursuant to law with regard to allegations of child abuse in an
educational setting, and photographs taken concerning such reports that are in
the possession of any person legally authorized to receive such information, shall
be confidential and shall not be redisclosed except to law enforcement
authorities involved in an investigation of child abuse in an educational
setting or as expressly authorized by law or pursuant to a court-ordered subpoena
School administrators and the Superintendent shall exercise reasonable care in
preventing such unauthorized disclosure.
Additionally, teachers and all other
school officials shall be provided an annual written explanation concerning the
reporting of child abuse in an educational setting, including the immunity
provisions as enumerated in law. Further, the Commissioner of Education shall
furnish the District with required information, including rules and regulations
for training necessary to implement District/staff responsibilities under the
law.
Prohibition
of “Silent” (Unreported) Resignations
The Superintendent and other school
administrators are prohibited from withholding from law enforcement
authorities, the Superintendent or the Commissioner of Education, where
appropriate, information concerning allegations of child abuse or voluntary
suspension from his/her position.
Superintendents (or a designated
administrator) who reasonably and in good faith report to law enforcement
officials information regarding allegations of child abuse or a resignation as
required pursuant to the law shall have immunity from any liability civil or
criminal, which might otherwise result by reasons of such actions.
As
stated in Board of Education Procedure #7530P
CHILD ABUSE AND NEGLECT
|
Responsibility |
Action |
|
Staff
Member |
Notifies
building administrator, school nurse, counselor or school social worker of
suspected child abuse or maltreatment. |
|
Building
Administrator or Designee |
a.
Notifies
Superintendent or his/her designee of all incidents involving child abuse. |
|
|
b.
Reports
immediately suspected abuse to both New York State Central Register of Child
Abuse and Maltreatment by telephone: (1-800-635-1522) or by a telephone
facsimile machine (1-800-635-1554) and County Department of Social Services,
Child Protective Services, to give oral report of suspected abuse. |
|
|
c.
Gives
to Register when calling the following information if known: |
|
|
(1) Name
and address of the child, and child’s parents age, sex, and race; |
|
|
(2) Nature
and extent of the child’s injuries, abuse or maltreatment; |
|
|
(3) Name
of the person or persons responsible for causing the injury, abuse or
maltreatment; |
|
|
(4) Family
composition; |
|
|
(5) Source
of the report; |
|
|
(6) Person
making the report and where that person can be reached; |
|
|
(7) Any
action taken by the reporting source; |
|
|
(8)
Any
additional information which may be helpful. |
|
|
d. Ensures that a report be made with in 48
hours to County Department of
Social Services Child Protective Unit. |
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.
As
stated in Board of Education Regulation 7530R, pursuant to Board of Education
Policy and Social Services Law, School District staff should be on the alert
for the purpose of identifying abused and maltreated children and reporting
such findings as required. For the purpose of discerning whether or not a child
is abused or maltreated the following definitions should be considered.
Definitions
An “abused child”
means a child less than 18 years of age whose parent or other person legally
responsible for care, inflicts or
allows to be inflicted upon such child physical injury, by other than
accidental means, which causes or creates a substantial risk of death, serious
protracted disfigurement, protracted impairment of physical or emotional health
or protracted loss of impairment of the function of any bodily organ. Child
abuse also refers to the situation where the parent, or other person legally
responsible, creates or allows to be created a substantial risk of physical
injury to a child, by other than accidental means, which would be likely to
cause death or serious protracted disfigurement, or) protracted impairment of physical or emotional health, or
protracted loss or impairment of the function of any bodily organ. Sex offenses
against a child, as defined in the Penal Law, shall also constitute a basis for
finding that a child has been abused.
A “maltreated child”
includes a child under the age of 18 defined as a neglected child under
the Family Court Act or who had serious physical injury inflicted upon him/her
by other than accidental means. In general terms, a neglected child is one
whose physical, mental or emotional condition has been impaired or is in
imminent danger of becoming impaired as a result of neglect by a parent, or
other person legally responsible for his/her care, to exercise a minimum degree
of care in the areas of providing food, clothing, shelter, education, medical,
dental, optometric or surgical care. Child neglect is also indicated where
there has been the unreasonable infliction of harm, or substantial risk
thereof, including the infliction of excessive corporal punishment, drug misuse
or abuse, alcohol abuse or abandonment of the child.
1) Persons
Obligated to Report Cases Of Suspected Child Abuse or Maltreatment
School officials and
registered nurses working in the School District are under an obligation,
pursuant to Section 413 of the School Services Law, to report cases of
suspected child abuse or maltreatment All professional staff members (including
superintendents, teachers, administrative officers, guidance counselors,
coaches and substitute teachers) should consider themselves to be under a duty
to report.
2) Reporting Procedure
Reports of suspected
child abuse, maltreatment or neglect shall be made immediately, by telephone or
by telephone facsimile machine on a form supplied by the Commissioner of Social
Services. The oral report shall be made to the Statewide Central Register of
Child Abuse. The telephone facsimile report shall be made to a special
telephone facsimile number for use only by persons mandated by law to make
reports, as set forth below (Section 415, Social Services Law). The written
report shall be made within 48 hours after the oral report to the appropriate
Local Child Protective Service on forms prescribed by and supplied by the
Commissioner of Social Services.
Oral Report to: New York State Central
Register of Child Abuse and Maltreatment (1-800-342-3720) and County Department
of Social Services, Child Protective Services.
Written Report to: County Department of
Social Services, Child Protective Services.
Telephone Facsimile
Report to:
Special telephone facsimile number:
1-800-635-1554.
3) Report Requirements
Each report shall
include the following information:
The name and address of
the child and his/her parents or other person responsible for his/her care, if
known; the child’s age, sex and race; the nature and extent of the child’s
injuries, abuse or maltreatment, including any evidence of prior injury, abuse
or maltreatment to the child or his/her siblings; the name of the person or
persons responsible for causing the injury, abuse or maltreatment, if known; family
composition; the source of the report the person making the report; and where
he/she can be reached; the actions taken by the reporting source, including the
taking of photographs and any other information which the Commissioner may, by
regulation, require or the person making the report believes might be helpful
in the furtherance of the investigation.
4) Taking Photographs
The law allows for the
photographing at public expense of the areas of trauma visible on a child who
has been abused or maltreated. All photographing should be conducted with the
authorization of the building Principal who shall, to the extent practicable,
do so upon notification of the Superintendent or his/her designee. All
photographs shall be sent to the Child Protective Service at the time that the
written report, referenced in paragraph “3” above, is sent or as soon
thereafter as possible.
5) Access to School Records by the
Child Protective Services
The District may
disclose personally identifiable information from the educational records of a
student to Child Protective Services personnel when it is necessary to protect
the health or safety of the student or other individuals. In deciding whether
or not the disclosure should be made, the seriousness of the threat to the health
or safety of the student or other individuals, the need for the information to
meet the emergency and the extent to which time is of the essence should be
considered (Family Educational Rights and Privacy Act of 1974).
6) Student Interviews by Child Protective
Services Personnel on School Property
The building principal
may allow a Department of Social Services Child Protective Services employee to
interview, in school, any student concerning whom a report of suspected abuse
or maltreatment has been made regardless of the source of the report. A school
official should be present during the interview unless it is decided that the
presence of the school official is not essential to protect the interests of
the student and that the Department of Social Services worked a job can best be
accomplished by conducting the interview without the school official present
7) Taking a Child Into Protective
Custody
School officials and
staff members do not have the power to take a child into protective custody
under the Social Services Law or Education Law. A peace officer, police
officer, law enforcement official, agent of a duly incorporated society for the
prevention of cruelty to children or a designated employee of the County
Department of Social Services may take a child into protective custody without
the consent of a parent or guardian. The building principal shall cooperate
with any of the officials referenced above who produces official documentation
indicating that a student be taken into protective custody. Release of a child
to such official(s) must be authorized by the Superintendent of Schools.
8) Confidentiality of Reports
Reports of suspected
child abuse and maltreatment are confidential and may only be made
available to those individuals who are specified by law. Prior to the release
of a report, the Freedom of Information Law Records Access Officer should
consult with the Superintendent of Schools and the school attorney regarding
the propriety of releasing the report even to one specified by law as being
entitled to receive the report. The Commissioner of Social Services may
intervene to prohibit the release of a report by determining that to do so
would be detrimental to the safety interests of the reporter.
9) Reporting of a Child’s Death
A post-mortem report
must be made to the medical examiner or coroner in the event that a child dies
as a result of abuse or maltreatment. If such death occurs at school, the
report shall be made by the Superintendent of Schools to the appropriate
medical authority (Section 418, Social Services Law).
10) Immunity from Liability
The law provides school
officials who act in good faith in the making of a report or the taking of
photographs with immunity from liability. The immunity from liability extends
to civil or criminal liability that might otherwise result from such actions.
The law establishes a presumption of immunity from liability (Section 419,
Social Services Law).
11) Penalties for Failure to Report
Willful failure to
report a suspected case of child abuse, maltreatment and neglect is a Class A
Misdemeanor. In addition, there may be civil liability for damages
proximately caused by such failure to report (Section 420, Social Services
Law).
12) Obligations for Provision of Services
and Procedures to Safeguard Life and Health
If, during the course of
an investigation of suspected child abuse, the building principal determines
that a child’s health or safety is threatened, the building principal shall
immediately contact the Superintendent who will immediately contact the Child
Protective Service and_ police to recommend having the child placed in
protective custody pursuant to paragraph 7, above.
13) Training Programs for Staff and New
Hirees
The Superintendent shall
establish and implement, on an ongoing basis, a training program for all
current staff members and newly hired employees regarding child abuse and the
procedures described hereinabove (Section 3209-1, Education Law).
14) Distribution of Policy and
Regulations
The Superintendent shall
distribute copies of the policy and regulations regarding child abuse reporting
requirements to all current employees and new employees (Section 413, Social
Services Law).
PHYSICAL
AND BEHAVIORAL INDICATORS OF CHILD ABUSE AND NEGLECT
The
findings of any of the “Physical or Behavioral Indicators” given in this table
does not inescapably imply the presence of child abuse or neglect. Rather,
these indicators represent behavioral patterns or features which are often
found in abused and neglected children. The presence of one or more of these
indicators should simply alert the clinician to the possibility that abuse or
neglect have occurred.
|
TYPE OF CA/N |
PHYSICAL INDICATORS |
BEHAVIORAL INDICATORS |
|
Physical Abuse |
Unexplained Bruises and Welts: Ø
On face, lips, mouth Ø
On torso, back, buttocks, thighs Ø
In various stages of healing Ø
Clustered, forming regular patterns Ø
Reflecting shaper of article used to inflict
(electric cord, belt buckle) Ø
On several different surface areas Ø
Regularly appear after absence, weekend or
vacation Unexplained Burns: Ø
Cigar, cigarette burns, especially on soles,
palms, back or buttocks Ø
Immersion burns (sock-like, glove-like,
doughnut shaped on buttocks or genitalia) Ø
Patterned like electric burner, iron, etc. Ø
Rope burns on arms, legs, neck or torso Unexplained Fractures: Ø
To skull, nose, facial structure Ø
In various stages of healing Ø
Multiple or spiral fractures Unexplained Lacerations or Abrasions: Ø
To mouth, lips, gums, eyes Ø
To external genitalia |
Wary of Adult Contacts Apprehensive When Other Children Cry Behavioral Extremes: Ø
Aggressiveness, or Ø
Withdrawal Frightened of Parents Afraid to go Home Reports Injury to Parents |
|
Physical Neglect |
Consistent Hunger, poor Hygiene Inappropriate Dress Consistent Lack of Supervision, Especially in
Dangerous Activities or Long Periods Unattended Physical Problems or Medical Needs Abandonment |
Begging, Stealing Food Extended Stays at School (early arrival and
late departure) Constant Fatigue, Listlessness or Falling
Asleep in Class Alcohol or Drug Abuse Delinquency (e.g. thefts) States There is no Caretaker |
|
Sexual Abuse |
Difficulty in Walking or Sitting Torn, Stained or Bloody Underclothing Pain or Itching in Genital Area Bruises or Bleeding in External Genitalia,
Vaginal or Anal Areas Veneral Disease, Especially in Pre-teens Pregnancy |
Unwilling to Change for Gym or Participate in
Physical Education Class Withdrawal, Fantasy or Infantile Behavior Bizarre, Sophisticated or Unusual Sexual
Behavior or Knowledge in Young Children Poor Peer Relationships Delinquent or Run Away Reports Sexual Assault by Caretaker Speech Disorders Habit Disorders (Sucking, biting, rocking,
etc.) Conduct Disorders (Anti-social, destructive) Neurotic Traits (Sleep disorders, inhibition
of play) Psycheneurotic Reactions (Hysteria, obsession,
compulsion, phobias, hypochondria) Behavior Extremes: Ø
Complaint, passive Ø
Aggressive, demanding Overly Adaptive Behavior: Ø
Inappropriately adult Ø
Inappropriately infant Ø
Development Lags (Cognitive, emotional) Ø
Attempted Suicide |
B. Child Abuse in an Educational Setting
The School District is
committed to the protection of students in educational settings from abuse and
maltreatment by employees or volunteers as enumerated in law.
“Child abuse” shall mean
any of the following acts committed in an educational setting by an employee or
volunteer against a child:
a) Intentionally or
recklessly inflicting physical injury, serious physical injury or death; or
b) Intentionally or
recklessly engaging in conduct which creates a substantial risk of such
physical injury, serious physical injury or death; or
c) Any child sexual abuse,
defined as conduct prohibited by Article 130 or 263 of the Penal Law; or
d) The commission or
attempted commission against a child of the crime of disseminating indecent
materials to minors pursuant to Article 235 of the Penal Law.
“Educational setting”
shall mean the building(s) and grounds of the School District; the vehicles
provided by the School District for the transportation of students to and from
school buildings, field trips, co-curricular and extracurricular activities
both on and off School District grounds; all co-curricular and extracurricular
activity sites; and any other location where direct contact between an employee
or volunteer and a child has allegedly occurred.
In any case where an oral
or written allegation is made to a teacher, school nurse, school guidance
counselor, school psychologist, school social worker, school administrator,
School Board member, or other school personnel required to hold a teaching or
administrative license or certificate, that a child (defined in the law as a
person under the age of twenty-one (21) years enrolled in a school district in
this state) has been subjected to child abuse by an employee or volunteer in an
education setting, that person shall upon receipt of such allegation:
a) Promptly complete a
written report of such allegation including the full name of the child alleged
to be abused; the name of the child’s parent; the identity of the person making
the allegation and their relationship to the alleged child victim; the name of
the employee or volunteer against whom the allegation was made; and a listing
of the specific allegations of child abuse in an educational setting. Such
written report shall be completed on a form as prescribed by the Commissioner
of Education.
b) Except where the school
administrator is the person receiving such an oral or written allegation, the
employee completing the written report must promptly personally deliver
a copy of that written report to the school administrator of the school in
which the child abuse allegedly occurred (subject to the following paragraph).
In any case where it is
alleged the child was abused by an employee or volunteer of a school other than
a school within the school district of the child’s attendance, the report of
such allegations shall be promptly forwarded to the Superintendent of Schools
of the school district of the child’s attendance and the school district where
the abuse allegedly occurred.
Any employee or
volunteer who reasonably and in good faith makes a report of allegations of
child abuse in an educational setting in accordance with the reporting
requirements of the law shall have immunity from civil liability which might
otherwise result by reason of such actions.
Upon
receipt of a written report alleging child abuse in an educational setting, the
school administrator or Superintendent must then determine whether there is
“reasonable suspicion” to believe that such an act of child abuse has occurred.
Where there has been a determination as to the existence of such reasonable
suspicion, the school administrator or Superintendent must follow the
notification/reporting procedures mandated in law and further enumerated in
administrative regulations including parental notification. When the school
administrator receives a written report he/she shall promptly provide a copy of
such report to the Superintendent.
Where
the school administrator or Superintendent has forwarded a written report of
child abuse in an educational setting to law enforcement authorities, the
Superintendent shall also refer such report to the Commissioner of Education
where the employee or volunteer alleged to have committed such and act of child
abuse holds a certification or license issued by the State Education Department.
Any
school administrator or Superintendent who reasonably and in good faith makes a
report of allegations of child abuse in an educational setting, or reasonably
and in good faith transmits such a report to a person or agency as required by
law, shall have immunity from civil liability which might otherwise result by
reason of such actions.
Reports
and other written material submitted pursuant to law with regard to allegations
of child abuse in an educational setting, and photographs taken concerning such
reports that are in the possession of any person legally authorized to receive
such information, shall be confidential and shall not be redisclosed except
to law enforcement authorities involved in an investigation of child abuse in
an educational setting or as expressly authorized by law or pursuant to a
court-ordered subpoena. School administrators and the Superintendent shall
exercise reasonable care in preventing such unauthorized disclosure.
Additionally,
teachers and all other school officials shall be provided an annual written
explanation concerning the reporting of child abuse in an educational setting,
including the immunity provisions as enumerated in law. Further, the
Commissioner of Education shall furnish the District with required information,
including rules and regulations for training necessary to implement
District/staff responsibilities under the law.
Prohibition of “Silent”
(Unreported) Resignations
The
Superintendent and other school administrators are prohibited from withholding
from law enforcement authorities, the Superintendent or the Commissioner of
Education, where appropriate, information concerning allegations of child abuse
in an educational setting against and employee or volunteer in exchange for
that individual’s resignation or voluntary suspension from his/her position.
Superintendents (or a
designated administrator) who reasonably and in good faith report to law
enforcement officials information regarding allegations of child abuse or a
resignation as required pursuant to the law shall have immunity from any
liability, civil or criminal, which might otherwise result by reason of such
actions.
Education Law Sections
1128-33 and 3028-b
Penal Law Article 130,
235 and 263
8 New York Code of Rules
and Regulations
(NYCRR) Part 83
Adopted 6/25/96
Revised 1/29/01; 10/23/0
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.
XXIX. Corporal Punishment – Policy #7350, 7351
As stated in Board of
Education Policy #7350, corporal punishment as a means of discipline shall not
be used against a student by any teacher, administrator, officer, employee or
agent of this School District.
However, if alternative
procedures and methods which would not involve physical force do not work, then
the use of reasonable physical force is not prohibited for the following
reasons:
a) Self-protection;
b) Protection of others;
c) Protection of property; or
d) Restraining/removing a disruptive
student.
Whenever a school employee uses physical force against a
student, the school employee shall, within the same school day, make a report
to the Superintendent describing in detail the circumstances and the nature of
the action taken.
The Superintendent of Schools shall submit a written
report semi-annually to the Commissioner of Education, with copies to the Board
of Education, by January 15 and July 15 of each year, setting forth the
substance of each written complaint about the use of corporal punishment
received by the Keshequa Central School authorities during the reporting
period, the results of each investigation, and the action, if any, taken by the
school authorities in each case.
Complaints
Any person who wishes to
register a complaint about the alleged use of corporal punishment shall address
a written complaint to the principal of the building in which the student is
enrolled. Within ten (10) school days,
the building principal shall investigate the allegation and shall provide a
written report of the findings to the student (if requested), to the
complaining party, the employee involved and to the Superintendent for
appropriate action, if any. The
Superintendent shall provide the Board of Education with a copy of the report.
Rules
of the Board of Regents Section 19.5
8
New York Code of Rules and Regulations
(NYCRR)
Section 100.2(l)(3)
NOTE: Refer
also to Policy #7351 -- Crisis Intervention Policy.
As stated in Board of
Education Regulation #7350R, building principals are to file a written report
(using Form #7350F) to the Superintendent of any incident of an employee using
physical force or corporal punishment within 5 days of knowledge of the
incident. In addition, the Superintendent should be advised verbally of the
incident as soon as possible after the occurrence.
After consultation with
the principal and, if necessary, the employee, parent and/or student, the
Superintendent will determine if action toward the employee is appropriate.
USE
OF PHYSICAL FORCE/CORPORAL PUNISHMENT REPORT FORM
Please
complete and return to the Superintendent of Schools.
1) Employee
administering physical force/corporal punishment_________________________
___________________________________________________________________________
___________________________________________________________________________
2) Name
of student _______________________________________________________
3) Students’
grade level _____________________________________________________
4) Briefly
describe the incident________________________________________________
___________________________________________________________________________
___________________________________________________________________________
5)
Why
did the employee use physical force or corporal punishment? ___________________
___________________________________________________________________________
6)
What
complaint was filed by the parents, if any?
________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
7)
Were
there other actions that resulted from the complaint? _________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
8)
Signature of building principal ______________________________________________
Date ___________________________
PART II (Completed by
Superintendent)
1)
If
a Superintendent conference was held, what was the outcome? ___________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
2)
Other
recommendations or steps taken: _______________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
3) Signature
of Superintendent:
____________________________
Date ___________________________
Reported
to SED Date __________
The University of the State
of New York
THE
STATE EDUCATION DEPARTMENT
Comprehensive
Health and Pupil Services Team
Albany,
New York 12234
SEMI-ANNUAL
REPORT OF INCIDENTS OF COMPLAINTS
ABOUT
THE USE OF CORPORAL PUNISHMENT
Please provide the
information requested on this form and return it no later
than________________________to the Comprehensive Health and Pupil Services
Team.
1) School District/BOCES
Name__________________________________________
2) On the reverse side of this form,
please set forth the substance of each complaint about the use of corporal
punishment received by your District BOCES during the reporting period of
_____________________________.
3)
Check box if there were
no complaints received concerning corporal punishment in this reporting period.
Date ____/____/____ ________________________
Superintendent’s Signature
XXX. Computer and Network Acceptable Use Policy – Policy #8370
Mission Statement
Everyone who lives in a
technological society must have the ability to use and view technology as a
basic skill. A mission of the Keshequa
Central School District (hereinafter referred to as KCSD) is to prepare
students to be productive adults within our society. We believe that computers, networks, electronic mail, on-line
services and the Internet are some of the tools available to administrators,
teachers and students that can help us meet that end.
Authorization
The KCSD authorizes the
use of the KCSD Network for the support of New York State Learning Standards
and the educational objectives of the KCSD.
All users shall agree to this Policy and sign a written contract stating
so. Authorization of one’s network
account is not transferable and may not be shared.
Privilege
Inappropriate use of the
KCSD Network will result in immediate action by the KCSD Network Administrators
and/or District Administrators, and may result in suspension and/or revocation
of the use of the KCSD Network in accordance with law, applicable due process
procedures, and collective bargaining agreement(s). Access to any external computer networks not controlled by the
KCSD for support of educational programs, conducting research and communication
with others is provided to those who act in an appropriate, responsible,
ethical and legal manner. Access to the
KCSD Network from any non-District network account is subject to the same
policies and regulations as access from a District network account. Each student who receives a District network
account will be part of a discussion with a KCSD faculty member pertaining to the
proper use of our network. During
school hours, faculty will guide students toward appropriate materials. Outside of school, parents and/or legal
guardians will bear this responsibility.
Compliance
All users shall
demonstrate mastery of basic competencies in using the KCSD Network. The KCSD Network Administrators may require
a user to demonstrate such mastery or require additional training before
permission to the KCSD Network is granted.
All District network accounts, including e-mail, shall be considered to
be School District property and subject to control and inspection. The KCSD Network Administrators may access
all such files and communications to insure system integrity and document that
users are complying with the requirements of District policy, State or Federal
Law. Use of any external computer
network not controlled by the KCSD by a student must be authorized and
monitored by a faculty member.
Student
Internet Access
Students will be
provided access within a controlled environment.
Students will be
provided with individual accounts.
Students may browse the
World Wide Web, with the following restrictions;
·
Students
are not to participate in chat rooms.
·
Students
may not read new groups without teacher permission.
·
Students
may not construct their own web pages using district computer resources without
teacher permission
·
Students
will have individual e-mail address only as needed to meet class assignments
and district standards, as set forth By the Board of Education.
·
Students
are not allowed to belong to mailing lists, unless they are part of an approved
course requirement.
·
A staff member will be
required to monitor all of these activities
Acceptable Use and
Conduct
In addition to any
District discipline code, the following specific activities with regard to the
KCSD Network and any other external computer network not controlled by the KCSD
shall be prohibited by all users:
a. Use to obtain, view,
download, send, print, display or otherwise gain access to or transmit
materials that are unlawful, obscene, pornographic or abusive.
b. Damaging, disabling or
otherwise interfering with the operation of workstations, the network system,
software or related equipment through physical action or by electronic means.
c. Intentionally disrupting
network traffic or crashing the network and connected systems
d. Use of unauthorized
software on the KCSD Network.
e. Changing, copying,
renaming, deleting, reading or otherwise accessing files not created by the
user.
f.
Gaining
or seeking to gain unauthorized access to any files, resources, computers or
phone systems, or vandalize the data of another user.
g. Use for financial gain,
commercial activity, product advertisement, political lobbying or fraud.
h. Violating any copyright
law.
i.
Stealing
data, equipment or intellectual property.
j.
Forging,
attempting to forge or sending anonymous e-mail messages or files.
k. Using the network to
receive, transmit or make available to others messages that are racist, sexist,
abusive, harassing or threatening to others.
l.
Excessive
use or abuse of the privilege to send and/or receive personal messages.
m. Disclosure of individual
passwords to others or using another’s password.
n. Revealing personal
information about oneself or of other users including, but not limited to,
disclosure of home address, telephone numbers and bank records
o. Using the network in a
fashion inconsistent with directions from teachers and other staff and
generally accepted network etiquette.
p. Using the network to
receive, transmit or make available to others a message that is inconsistent
with the District’s Code of Conduct.
q. Using the network while
access privileges are suspended or revoked.
r.
.
Changing or exceeding resource quotas as set forth by the district without the
permission of the appropriate district official or employee.
s. Violating any District
policy, code or regulation and/or any Federal, State and Local Law or
regulation.
No Privacy Guarantee
Students
and Staff using the district’s computer network should not expect, nor does the
district guarantee privacy for electronic mail (e-mail), data files or folders
or any use of the district’s computer network.
The district reserves the right to access and view any material stored
on district equipment or any material used in conjunction with the district’s
computer network.
Liability
The
KCSD has taken precautions to restrict access to controversial materials,
however, the integrity of the system ultimately depends on the integrity of its
users. KCSD makes no warranties of any
kind, whether expressed or implied, for the service it is providing. The KCSD will not be responsible for any
damages a user suffers. This includes,
but is not limited to, loss of data caused by a user’s own negligence, errors
or omissions. Use of any information
obtained via the Internet is at your own risk.
KCSD specifically denies any responsibility for the accuracy or quality
of information obtained through its services.
Security
Security
within the KCSD Network is a top priority.
Users of the KCSD Network who identify a security problem must notify a
faculty member and/or a KCSD Network Administrator. Users are not to demonstrate the problem to other users. Attempts to gain access to the KCSD Network
as a KCSD Network Administrator by non-Administrative staff will result in cancellation
of the users privileges. Any user
identified as a security risk or as having a history of problems with other
computer systems may be denied access to the KCSD Network.
Vandalism
Vandalism
as used herein is defined as any malicious attempt to harm or destroy hardware
or software of the KCSD Network, data of another KCSD Network user, or any
other external computer network connected with but not controlled by the
KCSD. This includes, but is not limited
to, the uploading and/or creation of computer viruses. Any user found guilty of vandalism will have
his/her KCSD Network access revoked.
Sanctions
Any
violations of this Policy may result in the suspension and/or revocation of
access privileges to the KCSD Network.
Additional disciplinary action may be determined in accordance with
existing District procedures regarding inappropriate language or behavior, as
well as any Federal, State and Local Law.
When applicable, law enforcement agencies may be involved. Also when applicable, termination of
employment may result.
Consequences for
Students
The
District reserves the right to deviate from the progressive based penalties on
the seriousness of the violation.
Consequences for violations will exist for a 12 month period from date
of infraction and will be determined by level of seriousness. All offenses will carry over to the
following school year when appropriate:
1st
Offense: Student will lose 3
weeks of Internet privileges with parent notification.
2nd
Offense: Student will lose an
additional 7 weeks of Internet privileges (a total of 10 weeks) with parent
notification and an administrative meeting for possible further action.
3rd
Offense: Student will lose 1
semester (20 weeks) of Internet privileges with parent notification.
4th
Offense: Student computer and
Internet privileges will result in permanent termination.
XXXI. Visitors to the Schools – Policy #3210
As stated in Board of
Education Policy #3210, all visitors shall be required to report to the main
office upon arrival at school and state their business. Visitations to
classrooms for any purpose require permission in advance from the building
principal in order to allow teachers the opportunity to arrange their schedules
to accommodate such requests.
When individual Board
members visit the schools, they must abide by the regulations and procedures
developed by the administration regarding school visits.
Education
Law Section 2801
Penal
Law Sections 140.10 and 240.35
As stated in Board of
Education Regulation 3210R, visitors to the schools of the District will be
governed by the following rules:
1) Each school principal shall establish
and maintain a safety plan outlining the process for registration and
authorization for visits to his or her school.
2) The principal of the school must be
contacted by the person or group wishing to visit, and prior approval must be
obtained for the visit
3) Parents or guardians wishing to speak
with a specific teacher concerning the progress of a child must make an
appointment with the teacher.
4) All visitors must report to the main
office, sign in, and be issued a visitor’s permit, which must be displayed at
all times. The permit must be returned to the main office and the
visitor must sign out at the conclusion of the visit.
5) Parents are encouraged to visit
guidance counselors, school nurses, school psychologists and other support
personnel, by appointment, in order to discuss any problems or concerns the
parent may have regarding the student, whether school related or not.
6) Any visitor wishing to inspect school
records or interview students on school premises must comply with all
applicable Board rules, regulations and policy. In questionable cases, the
visitor shall be directed to the Superintendent’s office to obtain written
permission for such a visit.
7) The principal is authorized to take any
action necessary to secure the safety of students and school personnel.
Unauthorized visitors shall be requested to leave school premises immediately,
and will be subject to arrest and prosecution for trespassing if they refuse.
As
stated in Board of Education Procedures 3210P:
|
Responsibility |
Action |
|
Principal/Designee |
Assures
that notices are posted at all building entrances directing visitors to report to the principal’s office
immediately upon arrival. |
|
Visitor |
Reports
to the principal’s office stating intended business to the
principal/designee. |
|
Principal/Designee |
Grants
permission for the visitor to carry out his/her stated business and assists
him/her in locating desired room and/or staff member. Accompanies
visitors where appropriate. Or Denies
permission for access to the building and/or staff and explains the reason(s)
for the decision Escorts
the visitor to the door and witnesses his/her departure from the building If
visitor refuses to leave, notifies the legal authorities. |
|
Teacher |
a. Notifies principal of
scheduled visits to classroom in advance b. Contacts
parent directly to establish agreed-upon
time and date for visitations requested by teacher. |
As
stated in Board of Education Procedure #3410P:
|
Responsibility |
Action |
|
Administrator/Designee |
a. Determines if
person(s) is/are in violation of the rules. b. Determines
the cause of the conduct in question and makes a reasonable effort to
persuade those engaged in the conduct to desist. Re/she must try to resort to
permissible methods for the resolution of any issues which may be presented. c. Tells
the person(s) that their conduct is in violation of these rules and warns the
person(s) involved in the conduct of the consequences if they persist in the
prohibited conduct d. If
they refuse to discontinue their conduct, ejects the person(s) from the
premises where the conduct is taking place. e. May
apply to the public authorities for any aid he/she deems necessary in causing
the ejection of any violator of the rules. f. May
request school counsel to apply any legal course of action to the violators. |
|
School
Counsel |
b. Assists in application
to court of appropriate jurisdiction for an injunction to restrain the
violation or threatened violation of these rules, subject to provisions of
applicable law |
|
Administrator/Designee |
a. If violator is a
student or an employee of the District, they would apply appropriate
disciplinary procedures. b. Informs and submits a
written report to the Board. |
As
stated in Board Of Education Procedure #3410P.1:
|
Responsibility |
Action |
|
Employee |
Reports
damage or act of vandalism to the principal. |
|
Principal/Designee |
a. Investigates damage or act of vandalism. b. Reports findings of the investigation to
the Superintendent. |
|
Superintendent/Designee |
a. Determines the extent (if any) of police
involvement b. Notifies parents and student (if known)
and confers with them regarding damages done. c. Submits a description of damages and a
bill for their repair to the student/parents. |
|
Student/Parents |
a. Agrees to pay for damages. or b.
Agrees to work for the District until the debt is paid. or c.
Refuses to provide restitution. |
|
Superintendent/Designee |
Initiates
legal action if option (c) above is exercised by the student/parents. |
As stated in Board of
Education Policy #7311, the District is authorized to seek restitution, through
civil action when necessary, from parent or legal guardian of an unemancipated
student over the age of ten
As stated in Board of
Education Policy #7311, the District is authorized to seek restitution, through
civil action when necessary, from the parent or legal guardian of an
unemancipated student over the age of ten (10) and under the age of eighteen
(18) where such student:
a) Has willfully, maliciously, or
unlawfully damaged, defaced or destroyed real or personal property in the care,
custody and/or ownership of the District; or
b) Has knowingly entered or remained in a
District building, and wrongfully taken, obtained or withheld personal property
owned or maintained by the District.
In instances where the
District has sought and obtained a judgment from a court of competent
jurisdiction, parent/legal guardian liability for civil damages shall not
exceed $5,000. Under certain
circumstances, a court may consider the parent’s or legal guardian's inability
to pay any portion or all of the amount of damages which are in excess of
$500.00, and enter a judgment in an amount within the financial capacity of the
parent or legal guardian. However, no
such judgment shall be entered for an amount which is less than $500.00.
General
Obligations Law Section 3-112
NOTE: Refer also to Policy
#3410 -- Maintenance of Public Order on School Property.
KESHEQUA
CENTRAL SCHOOL DISTRICT
VANDALISM,
BURGLARY, THEFT, OR ILLEGAL ENTRANCE REPORT
(Report
to Buildings and Grounds Superintendent immediately)
DATE:
1.
School Building:
2.
Principal:
3.
Name of employee who
reported the incident:
4.
Date Incident Occurred:
5.
Approximate
Time of Incident:
6.
Remarks
(Include a complete description of the event; damage to equipment, floors,
windows, etc. State when event or damage was discovered and to whom it was
reported).
7.
Estimated
Cost:
8.
Final Disposition:
Superintendent of Buildings and Grounds
XXXII. Dissemination and Review
Dissemination of Code of
Conduct
The Board will work to
ensure that the community is aware of this code of conduct by:
1. Providing copies of a summary of the
code to all students at a general assembly held at the beginning of each school year.
2. Making copies of the code available to
all parents at the beginning of the school year.
3. Mailing a summary of the code of
conduct written in plain language to all parents of district students before
the beginning of the school year and making this summary available later upon
request.
4. Providing all current teachers and
other staff members with a copy of the code and a copy of any amendments to the
code as soon as practicable after adoption.
5. Providing all new employees with a copy
of the current code of conduct when they are first hired.
6. Making copies of the code available for
review by students, parents and other community members.
The board will sponsor
an in-service education program for all district staff members to ensure the
effective implementation of the code of conduct. The superintendent may solicit
the recommendations of the district staff, particularly teachers and
administrators, regarding in service programs pertaining to the management and
discipline of students.
The board of education
will review this code of conduct every year and update it as necessary. In
conducting the review, the board will consider how effective the code’s
provisions have been and whether the code has been applied fairly and
consistently.
The board may appoint an
advisory committee to assist in reviewing the code and the district’s response
to code of conduct violations. The committee will be made up of representatives
of student, teacher, administrator, and parent organizations, school safety
personnel and other school personnel.
Before adopting any
revisions to the code, the board will hold at least one public hearing at which
school personnel, parents, students and any other interested party may participate.
The code of conduct and
any amendments to it will be filed with the Commissioner no later than 30 days
after adoption.