2000 6210

Students

The goal of the Wayne-Finger Lakes BOCES discipline policy is to ensure the right of all students to a productive educational environment in which they may learn the social skills appropriate to their development into mature, responsible adults accountable for their own actions.

The teacher should resolve any minor problems that may arise with students in class. Teachers are instructed to contact their administrators or building administrator in the event of serious child behavior problems. In crises, where time is essential, the building principal should take whatever action is appropriate to resolve an emergency situation. In cases of Special Education students, the Special Education Division should be notified of the action taken.

The Director and other administrative staff are available to the teacher in the event of a major crisis in child behavior that necessitates supervisory intervention. Minor or "normal" crises, as well as emergencies of various types, should be handled by the building administrator or the home school principal in career education classes if appropriate.

8 New York Code of Rules and Regulations

(NYCRR) Section 100.2(l)

NOTE: Refer also to Policies #6212 -- Student Suspension, and #7121 -- Discipline of Students With Disabilities.

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2000 6211

Students

Corporal punishment as a means of discipline shall not be used against a student by any teacher, administrator, officer, employee or agent of BOCES.

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:

Whenever a school employee uses physical force against a student, the school employee shall, within the same school day, make an immediate written report to his/her supervisor describing in detail the circumstances and the nature of the action taken.

The District Superintendent shall submit a written semi-annual report to the Commissioner of Education, with copies to the Board, 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 school authorities during the reporting period, the results of each investigation, and the action, if any, taken by the school authorities in each case.

The Board of Cooperative Educational Services holds the belief that the classroom teacher is the key person responsible for the maintenance of acceptable discipline among students. A well-planned program that keeps students occupied with work that is meaningful, interesting and challenging is the best means of preventing disruptive behavior by students. The Board recognizes, however, that under certain circumstances, a classroom teacher, supervisor or administrator may find it necessary to resort to reasonable and prudent physical restraint in maintaining order in or on school premises. Accordingly, the following actions by a teacher are herewith authorized:

Education Law Sections 3028 and 3811

Penal Law Section 35.10

Rules of the Board of Regents Section 19.5

8 New York Code of Rules and Regulations

(NYCRR) Section 100.2(1)(3)

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2000 6212

Students

WFL/EB

The BOCES supervisor or BOCES building principal recommends to the home school CSE chairperson any suspensions that he/she might deem necessary for students on BOCES attendance registers. All Alternative Programs are excluded from this policy.

Building principals where special education classes are held may suspend students. The principal should take appropriate action.

In the vocational centers, the principal will recommend suspending the student from the center and return him/her to the school at attendance, which in turn will suspend the student from school and/or remove the students from the area center program.

A teacher may not suspend a child for disciplinary reasons. All such suspensions are handled through the local building principal. If a child does become unmanageable, the principal may call the parent to take the child home, notifying the home school.

The exception to these policies is the case of the Technical and Career students and the authority of the Technical and Career Center Principal. Policy regarding Technical and Career Program and 7-12 Alternative Program student suspension is dealt with in a separate policy.

Education Law Section 3214(3)

8 New York Code of Rules and Regulations

(NYCRR) Section 100.2(l)

NOTE: Refer also to Policies #6210 -- Student Conduct, #6212.1 – Power to Suspend: Alternative Education Programs and #7121 -- Discipline of Students With Disabilities.

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2000 6212.1

Students

Pursuant to New York State Education Law, Section 3214, the Board of Cooperative Educational Services empowers the Principals responsible for Alternative Programs to temporarily suspend the following minors from required attendance.

1. A student who is insubordinate, disorderly, disruptive or whose conduct otherwise endangers the safety, health, morals or welfare of him/herself or other minors.
2. A minor whose physical or mental condition endangers the health, safety, morals or welfare of him/herself or of other minors.

Said suspension is not to exceed five (5) school days.

Said suspension shall immediately be reported to the Office of the District Superintendent who in turn shall report the suspension in writing to the Board of Cooperative Educational Services.

In every case the parent/legal guardian and building principal of the component district of residence of the student shall be notified immediately.

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2000 6212.2

Students

The Alternative Program Principals may recommend to the District Superintendent and home district Superintendent any student for program exclusion based upon the following circumstances:

1. Continued or repeated incidents of insubordination, disorderly and/or disruptive behavior or conduct otherwise endangering the safety, health, morals or welfare of him/herself or other minors in school and/or at the job site.
2. Violation of the Wayne-Finger Lakes BOCES Alcohol and Drug Policy.
3. Unemployability resulting from incidents of theft, vandalism, assault, lack of attendance and/or other circumstances.

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2000 6213

Students

The District is authorized to seek restitution, through civil action when necessary, from the parent or guardian of an unemancipated student over the age of ten (10) and under the age of eighteen (18) where such student:

In instances where the District has sought and obtained a judgment from a court of competent jurisdiction, parent/guardian liability for civil damages shall not exceed $5,000. Under certain circumstances, prior to the entering of a judgment in the sum total of $500.00 or more, a court may consider the parent’s or guardian’s financial 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 guardian. However, no such judgment shall be entered for an amount which is less than $500.00.

A District is also authorized to seek restitution, as described in law, from a parent or guardian of an unemancipated student over the age of ten (10) and under the age of eighteen (18) where such student:

1. Has falsely reported an incident; or
2. Has placed a false bomb as defined in the New York State Penal Law.

Damages for falsely reporting an incident or placing a false bomb shall mean the funds reasonably expended by the District in responding to such false report of an incident or false bomb, less the amount of any funds which have been or will be recovered from any other source as enumerated in law.

In seeking restitution, the District shall file with the court, district attorney and defense counsel an affidavit stating that the funds reasonably expended for which restitution is being sought have not been and will not be recovered from any other source or in any other civil or criminal proceeding, except as provided for pursuant to General Obligations Law Section 3-112.

General Obligations Law Section 3-112

Penal Law Section 60.27

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2000 6214

Students

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 is not destructive to school property, complies with requirements for health and safety, does not interfere with the educational process, or impinge upon the rights of others. 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.

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2000 6220

Students

The Board of Cooperative Educational Services encourages cooperation with other community agencies and groups in preventing drug and alcohol abuse. Provision shall be made for instructing employees and students in alcohol, drug and tobacco abuse and prevention. All laws pertaining to drug and alcohol use and possession shall be honored by students, adults, and adult students while on BOCES premises or at BOCES-sponsored activities, regardless of the location of the activity.

The Board recognizes that the issue of drugs and/or alcohol is a serious problem with legal, physical, emotional and social implications for the entire community. Therefore, the manufacture, distribution, 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 on BOCES premises and at BOCES-sponsored activities, regardless of the location, at all times. In cases of special education students, the policy of the host district will be followed. The inappropriate use of prescription and over-the-counter drugs shall also be disallowed. Persons shall be banned from entering BOCES premises 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/guardians and the community as a whole, a certifiable comprehensive program shall be developed addressing alcohol and other substances to include the following elements:

Preventing or delaying alcohol and other substance use/abuse by students shall be the major focus of a comprehensive program in which proactive measures of prevention and early intervention are emphasized. This program shall include:

In support of the Board’s interest in the health and well-being of BOCES’ students and employees, and its commitment to a drug and alcohol-free learning and work environment, provision shall be made for a "Drug and Alcohol-Free Education and Prevention Program" for students and employees. (Refer also to Policy #7113 -- Prevention Instruction.)

School-based intervention services shall be made available to all students 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:

Disciplinary measures for students manufacturing, distributing, 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 a Bill of Student Rights and Responsibilities.

There shall be ongoing training of BOCES staff about the components of an effective alcohol and other substances program. Training shall include, but not be limited to, Board policies and regulations and the staff’s role in implementing such policies, and regulations. Teachers shall be trained to implement the alcohol and other substance prevention curricula; intervention staff shall be suitably trained to carry out appropriate services.

It shall be the responsibility of the District Superintendent to implement the alcohol and other substances Board policy by collaboration with appropriate individuals including school personnel, students and parents/guardians.

Additionally, copies of Board policy shall be disseminated to BOCES staff and parents/guardians. The District 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)

NOTE: Refer also to Policy #5160 -- Alcohol, Drugs and Other Substances (School Personnel).

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2000 6230

Students

SUBJECT: SEARCHES AND INTERROGATIONS

Students are protected by the Constitution from unreasonable searches and seizures. A student may be searched and contraband seized on school grounds or in a school building by a school employee only when the 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:

If reasonable suspicion exists to believe that a student possesses a weapon, it is permissible for an employee to frisk that student.

Lockers are provided by the school for student use 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 against the school authorities.

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 District Superintendent/designee may also review the circumstances with BOCES 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 Board 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. BOCES’ 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) or the questioning of students concerns a crime committed on school property. 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)

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2000 6240

Students

The possession of a weapon on school property is strictly prohibited, except by law enforcement personnel. Any person possessing a weapon for educational purposes in any school building must have written authorization of the District Superintendent or his/her designee.

The Penal Code of the State of New York shall be used to determine what is considered a weapon.

Penal Law Section 265.01

NOTE: Refer also to Policies #2411 -- Unlawful Possession of a Weapon Upon School Grounds and #6241 -- Gun-Free Schools.

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2000 6241

Students

No student shall bring onto BOCES premises or have in his/her possession on BOCES premises or bring to any setting that is under the control and supervision of the BOCES, any "firearm" as defined in federal law. The terms "BOCES premises" or "BOCES property" shall mean property owned or leased by BOCES and shall also include BOCES activities off premises, such as field trips. 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" (i.e., 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 of 1994 and Section 3214(3)(d) of the Education Law, any student who brings a firearm, as defined in federal law, onto BOCES property, or has such a firearm in his/her possession on BOCES premises, or brings such a firearm to any setting that is under the control or supervision of the BOCES, will be referred by the District 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 District Superintendent to the appropriate law enforcement officials when the student is sixteen years of age or older.

In addition, any student attending a BOCES school who has been found guilty of bringing a firearm to school, 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 calendar year and any student attending a non-district school who participates in a program operated by the BOCES using funds from the Elementary and Secondary Education Act of 1965 who is determined to have brought a firearm to a BOCES school or other premises used by the BOCES to provide such programs shall be suspended for a period of not less than one calendar year from participation in such program. Further, after the imposition of the one year penalty has been determined, the District Superintendent has the authority to modify this suspension requirement for each student on a case-by-case basis. In reviewing the student's one year suspension penalty, the District 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 District 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.

In the interim, while awaiting determination from the hearing, the student shall be suspended from participation in BOCES programs and shall be provided appropriate alternate instruction, as determined by the District Superintendent and the Superintendent of the local school district.

The District Superintendent or his/her designee shall notify the parents/guardians of the student involved of the circumstances in finding that their child brought a firearm onto BOCES premises or was in possession of a firearm on BOCES premises. Notification shall also be made to the appropriate agency or authority for juvenile delinquency proceedings for those students under the age of 16 and to appropriate law enforcement officials for those students sixteen years of age or older. Furthermore, this notification shall inform the parents/guardians of the suspension of the student from further participation in BOCES programs pending the determination of the hearing, and the nature of the alternate instruction to be provided the student during this time.

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 federal and state law, for not more than 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 BOCES can agree on a different placement.

A student with a disability (as classified by the local school district Committee on Special Education) 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 was not a manifestation of the student's disability, subject to applicable procedural safeguards. The District Superintendent shall also notify the parents/guardians of a student’s referral to the local school district’s Committee on Special Education.

If it is determined that the student's bringing of a firearm to school was a manifestation of the student's disability, the District 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 BOCES 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 BOCES may also seek a court order to immediately remove a student with a disability from school if the BOCES 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 BOCES 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 to offer courses in instruction in the safe use of firearms pursuant to Education Law Section 809-a.

The BOCES 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.

Goals 2000: Educate America Act,

P.L. 103-227 (Gun-Free Schools Act of 1994)

18 United States Code (U.S.C.) Section 921

Education Law Sections 310, 809-a, 3214,

and Article 89

8 New York Code of Rules and Regulations

(NYCRR) Section 100.2 and Part 200

20 United States Code (U.S.C.) Sections 1400-1485,

Individuals With Disabilities Education Act (IDEA)

Family Court Act Article 3

NOTE: Refer also to Policies #2411 -- Unlawful Possession of a Weapon Upon School Grounds and #6240 -- Weapons in School.

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2000 6250

Students

Students attending BOCES classes are expected to use the school buses provided to transport them.

In those instances where students need to provide their own transportation, parking permits may be issued through the respective BOCES school office. Students using vehicles on BOCES property shall obey all traffic regulations of the State and of BOCES. Reckless driving and/or speeding shall not be tolerated. Student parking shall be allowed only in authorized places.