POLICY ADOPTED: July 11, 2001 WAYNE CENTRAL SCHOOL DISTRICT
Ontario Center, New York l4520
5330.5
Page 15 of 21
DISCIPLINARY PROCEDURES AND PENALTIES
D. TEACHER REMOVAL OF DISRUPTIVE STUDENTS - Formal Removal (continued)
It is also recommended that the teacher makes contact with the parents within 24 hours of the incident. This contact does not take the place of administrative notification.
The teacher must complete a district-established referral form and meet with the building principal or another district administrator designated by the building principal as soon as possible, but no later than the end of the school day, to explain the circumstances of the removal and to present the referral forms. If the building principal is not available by the end of the same school day, the teacher must leave the forms with the secretary and meet with the principal prior to the beginning of classes on the next school day.
Within the school day after the student’s removal, the building principal, or another district administrator designated by the building principal, must notify the student’s parent(s) or guardian (s), in writing, that the student has been removed from the class and why. The notice must also inform the parent that s/he has the right, upon request, to meet informally with the building principal or the principal’s designee to discuss the reasons for the removal and behavior modification(s) to remedy the cause for the removal. The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice by the day after the student’s removal at the last known address for the parent.
If at the informal meeting the student denies the charges, the building principal or the principal’s designee must explain why the student was removed and give the student and the student’s parents a chance to present the student’s version of the relevant events. The informal meeting must be held within two (2) school days of the student’s removal. The timing of the informal meeting may be extended by mutual agreement of the parent, teacher, and principal.
The building principal or his/her designee may overturn the removal of the student from class if s/he finds any one of the following:
1.
The charges against the student are not supported by substantial evidence
2.
The student’s removal is otherwise in violation of law
3.
The conduct warrants suspension from school pursuant to Education Law §3214 and a suspension will be imposed
The building principal or his/her designee must make a determination as to whether to overturn the removal before the close of business on the day after the day of the informal hearing. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the building principal makes a final determination, or the period of removal expires, whichever is less. At the teacher’s discretion, s/he may rescind the removal prior to the expiration of the full period of removal.
POLICY ADOPTED: July 11, 2001 WAYNE CENTRAL SCHOOL DISTRICT Ontario Center, New York l4520
5330.5
Page 16 of 21
DISCIPLINARY PROCEDURES AND PENALTIES
D. TEACHER REMOVAL OF DISRUPTIVE STUDENTS - Formal Removal (continued)
Any disruptive student removed from the classroom by the classroom teacher shall be offered continued educational programming and activities until s/he is permitted to return to the classroom.
Each teacher must keep a complete log
(on a district provided form)
for all cases of removal of students from his/her class. The building principal must keep a log of all removals of students from class. Removal of a student with a disability may, under certain circumstances, constitute a change in the student’s placement. Accordingly, no teacher may remove a student with a disability from his or her class until s/he has verified with the building principal or the Chairperson of the Committee on Special Education that the removal will not violate the student’s rights under state or federal law or regulation.
E.
IN SCHOOL & OUT OF SCHOOL SUSPENSION
The Board of Education recognizes the importance of school attendance. Therefore, suspension from school must be viewed as a last resort in dealing with student disciplinary infractions. The Board of Education also recognizes the need to remove unruly or disruptive students from the regular class so that learning can take place in the classrooms.
The superintendent of schools will prepare and issue such regulations
(consistent with the laws, statues and regulations of the State of New York)
as necessary to establish procedures for the suspension of students.
The Board of Education, the superintendent of schools, and building principals will have the power to suspend a student who, in their judgement, is insubordinate or disorderly, or whose conduct endangers the safety, morals, health or welfare of others, or whose physical or mental condition endangers the health, safety or morals of himself/herself or of others for periods not to exceed five (5) school days.
A student will be offered alternative instruction in the event that s/he is suspended from regular instruction in or out of school.
Students may not be suspended for more than five (5) school days unless that student and his/her parent or guardian has had an opportunity for a hearing on reasonable notice according to Education Law §3214(3).
POLICY ADOPTED: July 11, 2001 WAYNE CENTRAL SCHOOL DISTRICT
Ontario Center, New York 14520
5330.5
Page 17 of 21
DISCIPLINARY PROCEDURES AND PENALTIES
E. IN SCHOOL & OUT OF SCHOOL SUSPENSION (continued)
The superintendent of schools shall develop an in-school suspension program. The program should provide appropriate supervision in the in-school suspension rooms and guidelines for the imposition of an in-school suspension.
A student subjected to an in-school suspension is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the district official imposing the in-school suspension to discuss the conduct and the penalty involved.
Suspension from school is a severe penalty, which may be imposed only upon students who are insubordinate, disorderly, violent or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others.
The Board of Education retains its authority to suspend students, but places primary responsibility for the suspension of students with the superintendent of schools and building principals.
Any staff member may recommend to the superintendent of schools or building principal that a student be suspended. All staff members must immediately report and refer a violent student to the building principal or the superintendent of schools for a violation of the Code of Conduct. All recommendations and referrals shall be made in writing unless the conditions underlying the recommendation or referral warrant immediate attention. In such cases a written report is to be prepared as soon as possible by the staff member recommending the suspension.
The superintendent of schools or building principal, upon receiving a recommendation or referral for suspension or when processing a case for suspension, shall gather the facts relevant to the matter and record them for subsequent presentation, if necessary.
(1)
Long & Short Term Suspensions
(a) Short Term Suspension from School (Five (5) days or less)
When the superintendent of schools or building principal (referred to as the “suspending authority”) proposes to suspend a student charged with misconduct for five (5) days or less pursuant to Education Law §3214(3), the suspending authority must immediately notify the student orally
POLICY ADOPTED: July 11, 2001 WAYNE CENTRAL SCHOOL DISTRICT
Ontario Center, New York l4520
5330.5
Page 18 of 21
DISCIPLINARY PROCEDURES AND PENALTIES
(1)
Long & Short Term Suspensions (continued)
(a)
Short Term Suspension from School (Five (5) days or less) (continued)
If the student denies the misconduct, the suspending authority must provide an explanation of the basis for the proposed suspension. The suspending authority must also notify the student’s parents in writing that the student may be suspended from the school.
The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the decision to propose suspension at the last known address for the parents. Where possible, notice should also be provided by telephone if the school has been provided with a telephone number(s) for the purpose
The notice shall provide a description of the charges against the student and the incident for which suspension is proposed and shall inform the parent of the right to request an immediate informal conference with the building principal. Both the notice and informal conference shall be in the dominant language or mode of communication used by the parents. At the conference, the parents shall be permitted to ask questions of complaining witnesses under such procedures as the building principal may establish.
The notice and opportunity for an informal conference shall take place before the student is suspended unless the student’s presence in school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process. If the student’s presence does pose such a danger or threat of distraction, the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practicable.
After the conference, the building principal shall promptly advise the parents in writing of his or her decision. The building principal shall advise the parents that if they are not satisfied with the decision and wish to pursue the matter, they must file a written appeal to the Board of Education with the district clerk within ten (10) business days of the date of the decision, unless they can show extraordinary circumstances precluding them from doing so. Only final decisions of the Board of Education may be appealed to the Commissioner of Education within thirty (30) days of the decision.
POLICY ADOPTED: July 11, 2001 WAYNE CENTRAL SCHOOL DISTRICT
Ontario Center, New York l452
5330.5
Page 19 of 21
DISCIPLINARY PROCEDURES AND PENALTIES
(1)
Long & Short Term Suspensions (continued)
(b)
Long Term Suspension From School (More Than Five (5) Days)
When the superintendent of schools or building principal determines that a suspension for more than five (5) days may be warranted, he or she shall give reasonable notice to the student and the student’s parents of their right to a fair hearing. At the hearing the student shall have the right to be represented by counsel, the right to question witnesses against him or her, and the right to present witnesses and other evidence on his or her behalf.
The superintendent of schools shall personally hear and determine the proceeding or may, in his or her discretion, designate a hearing officer to conduct the hearing. The hearing officer shall be authorized to administer oaths and to issue subpoenas in conjunction with the proceeding before him or her.
A record of the hearing shall be maintained, but no stenographic transcript shall be required. A tape recording shall be deemed a satisfactory The hearing officer shall make findings of fact and recommendations as to the appropriate measure of discipline to the superintendent of schools. The report of the hearing officer shall be advisory only, and the superintendent of schools may accept all or any part thereof.
An appeal of the decision of the superintendent of schools may be made to the Board of Education that will make its decision based solely upon the record before it. All appeals to the Board of Education must be in writing and submitted to the district clerk within ten (10) business days of the date of the decision of the superintendent of schools, unless the parents can show that extraordinary circumstances precluded them from doing so. The Board of Education may adopt in whole or in part the decision of the superintendent of schools. Final decisions of the Board of Education may be appealed to the Commissioner of Education within thirty (30) days of the decision.
(c)
Permanent Suspension
Permanent suspension is reserved for extraordinary circumstances such as where a student’s conduct poses a life-threatening danger to the safety and well-being of other students, school personnel or any other person lawfully on school property or attending a school function.
POLICY ADOPTED: July 11, 2001 WAYNE CENTRAL SCHOOL DISTRICT
Ontario Center, New York l4520
5330.5
Page 20 of 21
DISCIPLINARY PROCEDURES AND PENALTIES
F.
MINIMUM PERIODS OF SUSPENSION
1.
Students Who Bring a Weapon to School
No student shall have in his or her possession upon school property, vehicles or premises any rifle, shotgun, pistol, revolver, other firearm, knives, dangerous chemicals, explosives, or any object that is not necessary for school activities and which could be used as a weapon. A weapon is defined as any instrument capable of firing a projectile, the frame or receiver of any such weapon, firearm muffler or silencer, any explosive device, or any other instrument capable of inflicting bodily harm.
Any student found guilty of bringing a firearm, as defined in §921 of Title 18 of the United States Code onto school property after a hearing has been provided pursuant to §3214 of the Education Law will be subject to at least a one-year suspension from school. However, after this penalty has been determined, the superintendent of schools will review the penalty and may modify such suspension on a case-by-case basis. If the superintendent of schools believes a one-year suspension penalty to be excessive, s/he may modify the penalty based on criteria including but not limited to:
1.
the age of the student
2.
the student's grade in school; the student's prior disciplinary record
3.
the belief of the superintendent of schools that other forms of discipline may be more effective
4.
input from parents, teachers and/or others, and
5.
other extenuating circumstances
The superintendent of schools shall refer any student under the age of 16 who has been determined to have brought a firearm to school to Family Court; students over the age of 16 will be referred to the appropriate law enforcement authorities.
New York State Peace Officers and Police Officers are the only people permitted to have a weapon in their possession on school property. According to §921 of the Gun Free Schools Act (P.L. 103-227), a firearm includes any weapon 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 any such weapon; and any explosive, incendiary or poison gas including bombs, grenades, rockets or similar devices. Not included in this definition are antique firearms, knives, Class-C fireworks and rifles that are used as part of a school’s hunting or rifle clubs or military education.
POLICY ADOPTED: July 11, 2001 WAYNE CENTRAL SCHOOL DISTRICT
Ontario Center, New York l4520
5330.5
Page 21 of 21
DISCIPLINARY PROCEDURES AND PENALTIES
F. MINIMUM PERIODS OF SUSPENSION (continued)
2. Students Who Commit Violent Acts Other Than Bringing A Weapon To School
Any student, other than a student with a disability, who is found to have committed a violent act, other than bringing a weapon onto school property, may be subject to suspension from school from one (1) to five (5) days. If the proposed penalty is a five-day suspension, the student and the student’s parent will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension.
The superintendent of schools has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent of schools may consider the same factors considered in modifying a one-year suspension for possessing a weapon.
3. Students Who Are Repeatedly Substantially Disruptive Of The Educational Process Or Repeatedly Substantially Interfere With The Teacher’s Authority Over The Classroom
Any student, other than a student with a disability, who engages in conduct which results in the student being removed from the classroom by teacher(s) on four (4) or more occasions during a semester, or three (3) or more occasions during a trimester, will be suspended from school for a period up to three (3) to five (5) days.
If the proposed penalty is a five-day suspension, the student and the student’s parent will be given the same notice and opportunity for a hearing given to all students subject to a short-term suspension. If the proposed penalty exceeds the minimum five-(5) day suspension, the student and the student’s parent will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension.
The superintendent of schools has the authority to modify the minimum five-(5) day suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent of schools may consider the same factors considered in modifying a one-year suspension for possessing a weapon.
POLICY ADOPTED: July 11, 2001 WAYNE CENTRAL SCHOOL DISTRICT
Ontario Center, New York l4520
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