Appendix 1
WCS
W
Code of Conduct
1
TABLE OF CONTENTS
I.
Introduction
II.
Definitions
III.
Student Rights and Responsibilities
IV.
Essential Partners
V.
Student Dress Code
VI.
Prohibited Student Conduct
VII.
Reporting Violations
VIII.
Disciplinary Procedures and Penalties
IX.
Alternative Instruction
X.
Discipline of Students with Disabilities
XI.
Corporal Punishment
XII.
Student Searches and Interrogations
XIII.
Visitors to Schools
XIV.
Public Conduct on School Property
XV.
Dissemination and Review
Annotations
2
CODE OF CONDUCT
I.
INTRODUCTION
The Board of Education ("Board of Education") is committed to providing a safe and orderly
school environment where students may receive and school personnel may deliver quality
educational services without disruption or interference. Responsible behavior by students, teachers,
other school personnel, parents and other visitors is essential to achieving this goal.
The district has a longstanding 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 of Education recognizes the need to clearly define these expectations for
acceptable conduct on school property, identify the possible consequences of unacceptable conduct,
and to ensure that discipline when necessary is administered promptly and fairly. To this end, the
Board of Education 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.
[Building level handbooks exist that outline specific building practices and procedures.]
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II.
DEFINITIONS
For purposes of this code, the following definitions apply.
"Disruptive student" means a 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.
1
"Parent" means the biological, adoptive or foster parent, guardian or person in parental relation
to a student.
2
"School property" means in or within any building, structure, athletic playing field, playground,
parking lot or l and 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.
3
"School function" means any schoolsponsored extra
curricular event or activity.
4
"V
iolent student"
5
means a student under the age of 21 who:
1.
Commits an act of violence upon a school employee.
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.
3.
Possess 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 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, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger,
dirk, razor, stiletto, switchblade knife, gravity knife, brass knuckles, sling shot, metal knuckle knife,
box cutters, 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 serious physical injury or death when used as a weapon."
6
“School Personnel” refers to administrators, teachers, teacher assistants, secretaries,
administrative assistant, clerks, psychologist, nurse, speech therapist, occupational therapist, physical
therapist, librarian, counselors, schooltowork coordinator, monitors, aides, typists, notetaker, student
intervention specialists, computer technician, A
V coordinator, PMHP associates, school lunch
manager, cafeteria school personnel, bus drivers, mechanics, director of facilities, cleaners, custodians,
groundsmen, mail courier.
“Superintendent”
–unless otherwise noted–
the term Superintendent refers to the
Superintendent or his or her designee.
“Building Administrator” – the term refers to Building Principal or his/her designee.
4
III.
STUDENT RIGHTS AND RESPONSIBILITIES
A.
STUDENT RIGHTS
The district is committed to safeguarding the rights given to all students under state
and federal law. In addition to those rights, all district students have the right to:
1.
A safe, healthy, orderly and civil school environment.
2.
Take part in all district activities on an equal basis regardless of age, race,
religion, color, national origin, sex, sexual orientation or disability.
3.
Present their version of the relevant events to school personnel authorized to
impose a disciplinary penalty as in connection with the imposition of the
penalty.
4.
Access school rules and, when necessary, receive an explanation of those
rules from school personnel.
B.
STUDENT RESPONSIBILITIES
All district students have the responsibility to:
1.
Contribute to maintaining a safe and orderly school environment that is
conducive to learning and to show respect to other persons and to property.
2.
Be familiar with and abide by all district policies, rules and regulations
dealing with student conduct.
3.
Attend school every day unless they are legally excused and be in class, on
time, and prepared to learn.
4.
Work to the best of their ability in all academic and extracurricular pursuits
and strive toward their highest level of achievement possible.
5.
React to direction given by school personnel in a respectful, positive manner.
6.
Work to develop mechanisms to control their anger.
7.
Ask questions when they do not understand.
8.
Seek help in solving problems that might lead to discipline.
9.
Dress appropriately for school and school functions.
10.
Accept responsibility for their actions.
11.
Conduct themselves as representatives of the district when participating in or
attending schoolsponsored extracurricular events and to hold themselves to
the highest standards of conduct, demeanor, and sportsmanship.
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IV.
ESSENTIAL PARTNERS
7
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 school personnel and their children's
friends.
10.
Help their children deal effectively with peer pressure.
11.
Inform school personnel 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.
SCHOOL PERSONNEL
1.
Maintain a climate of mutual repsect and dignity, which will strengthen
students’ selfconcept and promote confidence to learn.
2.
Demonstrate an interest in learning and concern for student achievement.
3.
Know school policies and rules.
C.
TEACHERS
All district teachers are expected to:
1.
Maintain a climate of mutual respect and dignity, which will strengthen
students' selfconcept and promote confidence to learn.
2.
Be prepared to teach.
3.
Demonstrate interest in teaching and concern for student achievement.
4.
Know school policies and rules, and enforce them in a fair and
consistent manner.
5.
Communicate to students and parents:
a.
Course objectives and requirements
b.
Marking/grading procedures
c.
Assignment deadlines
d.
Expectations for students
e.
Classroom discipline plan.
6.
Communicate regularly with students, parents and other teachers
concerning growth and achievement.
6
D.
GUIDANCE COUNSELORS
1.
Assist students in coping with peer pressure and emerging personal, social
and emotional problems.
2.
Initiate 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.
E.
BUILDING ADMINISTRATORS
1.
Promote a safe, orderly and stimulating school environment, supporting
active teaching and learning.
2.
Ensure that students and school personnel have the opportunity to
communicate regularly with the building administrator and approach the
building administrator for redress of grievances.
3.
Evaluate on a regular basis all instructional programs. Support the
development of and student participation in appropriate extracurricular
activities.
4.
Be responsible for enforcing the Code of Conduct and ensuring that all cases
are resolved promptly and fairly.
F.
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 of Education 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.
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G.
BOARD OF EDUCATION
1.
Collaborate with Student, Teacher, Building 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, school personnel and visitors on school property
and at school functions.
2.
Adopt and review at least once each year 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 of Education meetings in a
professional, respectful, courteous manner.
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V.
STUDENT DRESS CODE
8
All students are expected to give proper attention to personal cleanliness and to dress
appropriately for school and school functions. Students and their parents hav
e the primary
responsibility for acceptable student dress and appearance. Teachers and all other school personnel
should exemplify and reinforce acceptable student dress and help students develop an understanding
of appropriate appearance in the school setting.
A student's dress, grooming and appearance, including hair style/color, jewelry, makeup,
and nails, shall:
1.
Be safe, appropriate and not disrupt or interfere with the educational process.
2.
Recognize that extremely brief garments such as tube tops, net tops, halter tops,
spaghetti straps, plunging necklines (front and/or back) and seethrough garments are
not appropriate. Shirts must be worn.
3.
Ensure that underwear is completely covered with outer clothing.
4.
Include footwear at all times. Footwear that is a safety hazard will not be allowed.
5.
Not include the wearing of hats in the classroom 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.
Each Building Administrator 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.
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 in
school
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.
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VI.
PROHIBITED STUDENT CONDUCT
The Board of Education of Education expects students to conduct themselves in an
appropriate and civil manner, with proper regard for the rights and welfare of other
students, school personnel and other members of the school community, and for the care of
school facilities and equipment.
The best discipline is selfimposed, and students must learn to assume and accept
responsibility for their own behavior, as well as the consequences of their misbehavior.
School personnel who interact with students are expected to use disciplinary action only
when necessary and to place emphasis on the students' ability to grow in selfdiscipline.
The Board of Education recognizes the need to make its expectations for student
conduct while on school property or engaged in a school function specific and clear. The
rules of conduct listed below are intended to do that and focus on safety and respect for the
rights and property of others. Students who will not accept responsibility for their own
behavior and who violate these school rules will be required to accept the penalties for
their conduct.
Students may be subject to disciplinary action, up to and including suspension
from school, when they:
A.
Engage in conduct that is disorderly. Examples of disorderly conduct
include:
1.
Running in hallways.
2.
Making unreasonable noise.
3.
Using language or gestures that are profane, lewd, vulgar or abusive.
4.
Obstructing vehicular or pedestrian traffic.
5.
Engaging in any willful act which disrupts the normal operation of the
school community
6.
Trespassing. Students are not permitted in any school building,
without permission of the administrator in charge of the building.
7.
Computer/electronic communications misuses, including any
unauthorized use of computers, software, or internet/intranet account;
accessing inappropriate websites; or any other violation of the
districts acceptable use policy.
B.
Engage in conduct that is insubordinate. Examples of insubordinate conduct
include:
1.
Failing to comply with the lawful directions of school personnel or
otherwise demonstrating disrespect.
2.
Lateness for, missing or leaving school without permission.
3.
Skipping detention.
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C.
Engage in conduct that is disruptive. Examples of disruptive conduct include:
1.
Failing to comply with the lawful directions of teachers,
school
administrators or other school personnel in charge of students.
2.
Being late for school or class.
3.
Being unprepared for class.
D.
Engage in conduct that is violent. Examples of violent conduct include:
1.
Committing an act of violence (such as hitting, kicking, punching, and
scratching) upon a teacher, administrator or other school personnel.
2.
Committing an act of violence (such as hitting, kicking, punching, and
scratching) upon another student or any other person on school
property.
3.
Possessing a weapon. "Weapon" means a firearm as defined in 18 USC §
921 for purposes of the Gun Free Schools Act. It also means any other 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 cutters, 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 serious physical injury or death when used as a weapon.
4.
Displaying what appears to be a weapon.
5.
Threatening to use any weapon.
6.
Intentionally damaging or destroying the personal property of school
personnel or any person lawfully on school property, including graffiti
or arson.
7.
Intentionally damaging or destroying school district property.
E.
Engage in any conduct that endangers the safety, morals, health or welfare of
others. Examples of such conduct include:
1.
Lying to school personnel.
2.
Stealing the property of other students, school personnel or any other
person lawfully on school property or attending a school function.
3.
Acts of harassment as defined in the district’s harassment policy.
4.
Selling, using or possessing obscene material.
5.
Smoking a cigarette, cigar, pipe or using chewing or smokeless
tobacco.
6.
Expectorating.
7.
Possessing, consuming, selling, distributing or exchanging alcoholic
beverages or illegal substances, or being under the influence of either.
“Illegal substances” include inhalants, marijuana, cocaine, LSD, PCP,
amphetamines, heroin, steroids, lookalike drugs, and any substances
commonly referred to as “designer drugs”
8.
Sharing or inappropriately using prescription or overthecounter drugs.
11
F.
Engage in misconduct while on a school bus. It is crucial for students to
behave appropriately while riding on district buses, to ensure their safety and
that of other passengers and to avoid distracting the bus driver. Students are
required to conduct themselves on the bus in a manner consistent with
established standards for behavior. Excessive noise, pushing, shoving and
fighting will not be tolerated. Students waiting for buses when not on school
property are expected to conduct themselves in accordance with the district's
Code of Conduct.
G.
Engage in any form of academic misconduct. Examples of academic
misconduct include:
1.
Plagiarism.
2.
Cheating.
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VII.
REPORTING VIOLATIONS OF THE CODE OF CONDUCT
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 any school
personnel who will immediately notify the Building Administrator or Superintendent. Any
weapons, alcohol or illegal substances found shall be confiscated immediately, followed by
notification of the parent of the student involved and the appropriate disciplinary action taken,
up to and including permanent suspension and referral for prosecution.
The Building Administrator 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
Building Administrator 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(s) and explain the conduct that violated the Code of Conduct and
constituted a crime.
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VIII.
DISCIPLINARY PROCEDURES AND PENALTIES
Discipline is most effective when it deals directly with the problem at the time and
place it occurs, and in a way that students view as fair and impartial. School personnel who
interact with students are expected to use disciplinary action only when necessary and to
place emphasis on the students' ability to grow in selfdiscipline.
Disciplinary action, when necessary, will be firm, fair and consistent so as to be the
most effective in changing student behavior. In determining the appropriate disciplinary
action, school personnel authorized to impose disciplinary penalties will consider the
following:
1.
The student's age.
2.
The nature of the offense and the circumstances which led to the offense.
3.
The student's prior disciplinary record.
4.
The effectiveness of other forms of discipline.
5.
Information from parents, teachers and/or others, as appropriate
6.
Other extenuating circumstances.
As a general rule, discipline will be progressive. This means that a student's first
violation will usually merit a lighter penalty than subsequent violations.
If the conduct of a student is related to a disability or suspected disability, the student
shall be referred to the Committee on Special Education and discipline, if warranted, shall be
administered consistent with the separate requirements of this Code of Conduct for
disciplining students with a disability. A student identified as having a disability shall not be
disciplined for behavior related to his/her disability.
A.
PENALTIES
Students who are found to have violated the district's Code of Conduct may be subject
to the following penalties, either alone or i
n combination with one another. The
school personnel identified after each penalty are authorized to impose that penalty,
consistent with the student's right to due process.
1.
Verbal warning Any school personnel
2.
Written warning – School personnel
3.
Written notification to parent
– by Building Administrator or
Superintendent (or designee) initiated by school personnel
4.
Detention Teachers, Building Administrator, Superintendent
5.
Suspension from transportation
– Building Administrator,
Superintendent, Director of Transportation or CSE Chairperson
6.
Suspension from athletic participation
– Building Administrator,
Superintendent
7.
Suspension from social or extracurricular activities
Building
Administrator, Superintendent
8.
Suspension of other privileges Building Administrator, Superintendent
9.
Inschool suspension Building Administrator, Superintendent
14
10.
Removal from classroom by teacher Teachers, Building Administrator,
Superintendent consistent with consideration of regulations concerning
students with disabilities.
11.
Shortterm (five days or less) suspension from school
Building
Administrator, Superintendent, Board of Education
12.
Longterm (more than five days) suspension from school – Superintendent,
Board of Education
13.
Permanent
suspension from school – Superintendent, Board of Education
B.
PROCEDURES
The amount of due process a student is entitled to before a penalty is imposed will depend
on the type of penalty being imposed. In all cases, regardless of the penalty imposed, the
school personnel authorized to impose the penalty must let the student know what
misconduct the student is alleged to have committed, and must investigate the facts
surrounding the alleged misconduct. All students will have an opportunity to present th
eir
version of the facts to the school personnel imposing the disciplinary penalty in connection
with the imposition of the penalty.
Students who are to be given penalties other than a verbal warning, written warning,
written notification to their parents or detention are entitled to additional rights before the
penalty is imposed. These additional rights are explained below.
1.
Detention
Teachers, Building Administrators and the Superintendent may use after
school detention as a penalty for student misconduct in situations where
removal from the classroom or suspension would be inappropriate.
Detention will be imposed as a penalty only after the student's parent has
been notified to confirm that the student has appropriate transportation
home following detention.
2.
Suspension from transportation
If a student does not conduct himself/herself properly on a bus, the bus
driver is expected to bring such misconduct to the Building Administrator's
attention. Students who become a serious disciplinary prob
lem may have
their riding privileges suspended by the Building Administrator,
Superintendent, CSE Chair or Director of Transportation. In such cases, the
student's parent will become responsible for seeing that his or her child gets
to and from school safely. Should the suspension from transportation
amount to a suspension from attendance, the district will make appropriate
arrangements to provide for the student's education.
A student subjected to a suspension from transportation is not entitled to a
full hearing pursuant to Education Law § 3214. However, the student
and the student's parent will be provided with a reasonable
opportunity for an informal conference with the Building
Administrator to discuss the conduct and the penalty involved.
15
3.
Suspension from athletic participation, extra curricular activities
and other privileges
A student subjected to a suspension from athletic participation, extra
curricular activities or other privileges is not entitled to a full hearing
pursuant to Education Law § 3214. However, the student and the
student's parent will be provided with a reasonable opportunity for an
informal conference with the Building Administrator imposing the
suspension to discuss the conduct and the penalty involved.
4.
Inschool Suspension
The Board of Education recognizes that the school must balance the
need of students to attend school and the need for order in the
classroom to establish an environment conducive to learning. As such,
the Board of Education authorizes Building Administrators and the
Superintendent to place students who would otherwise be suspended
from school as the result of a Code of Conduct violation in "inschool
suspension." "Inschool suspension" is the temporary removal of
students from the classroom and their placement in another area of the
school building designated for such a suspension where students will
receive substantially equivalent, alternative education.
A student subjected to an inschool 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 Building Administrator imposing the
inschool suspension to discuss the conduct and the penalty involved.
5.
Teacher Removal of Disruptive Students
A disruptive student is a student who is substantially disruptive of the
educational process or substantially interferes with the teacher's
authority over the classroom.
A disruptive student can affect a teacher's ability to teach and can
make it difficult for other students in the classroom to learn. In many
instances the classroom teacher can control disruptive student
behavior by using good management techniques. Occasionally,
however, it may be necessary for a teacher to remove a disruptive
student from the classroom to ensure that the other students continue
to learn.
A classroom teacher may remove a student from class consistent with
regulations covering students with disabilities for up to 48 hours if the teacher
determines that the student is disruptive. The removal from class applies to
the class of the removing teacher only.
If the student does not pose a danger or ongoing threat of disruption to the
academic process, the teacher must provide the student, before the student is
removed, with an explanation for why he or she is being removed. The
16
student must also be given the opportunity to present his or her version of the
relevant events. Only after this informal discussion may a teacher remove a
student from class.
If the student does pose a danger or ongoing threat of disruption, the teacher
may order the student to be removed immediately. The teacher must,
however, explain to the student why he or she was removed from the
classroom and give the student a chance to present his or her version of the
relevant events within 24 hours.
The teacher must complete a districtestablished referral form and meet with
the Building Administrator 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 Administrator is not available by the end of the
same school day, the teacher must leave the form with the secretary and meet
with the Building Administrator prior to the b
eginning of classes on the next
school day.
Within 24 hours after the student's removal, the Building Administrator must
notify the student's parent, in writing, that the student has been removed from
class and why. The notice must also inform the parent that he or she has the
right, upon request, to meet informally with the Building Administrator 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. Where possible, notice should also be
provided by telephone if the s
chool has been provided with a telephone
number(s) for the purpose of contacting parents.
If at the informal meeting the student denies the charges, the Building
Administrator must explain why the student was removed and give the
student and the student's parents a chance to present the student's version of
the relevant events. The informal meeting must be held within 48 hours of the
student's removal. The timing of the informal meeting may be extended by
mutual agreement of the parent, teacher and Buildin
g Administrator.
9
The Building Administrator or his/her designee may overturn the removal of
the student from class if the building administrator 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.
17
The Building Administrator or his/her designee must make a determination as
to whether to overturn the removal within 48 hours 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 Administrator makes a
final determination, or the period of removal expires, whichever is less. At the
teacher's discretion, he or she may rescind the removal prior to the expiration
of the full period of removal.
Any disruptive student removed from the classroom by the classroom teacher
shall be offered continued educational programming and activities until he or
she is permitted to return to the classroom.
Each teacher must keep a complete log (on a district provided form) for all
cases of removal of students from his/her class. The Building Administrator
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 cla
ss until he or she has verified with the Building
Administrator 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.
Nothing in this section of the Code of Conduct abridges the customary right
or responsibility of a Building Administrator to suspend a student. Further,
nothing in this code abridges the customary right and responsibility of a
teacher to manage student behavior in the classroom. Shortterm, t
ime
honored classroom management techniques such as a “time out" setting in
each building or in an administrator's office or sending students briefly into
the hallway are not considered removals from class. The removal process
should not become a substitute for good classroom management.
6.
Suspension from School
Suspension from school is a severe penalty, which may be imposed only
upon students who are insubordinate, disorderly, violent or disruptive, or
whose conduct otherwise endangers the safety, morals, health or welfare of
others.
The Board of Education retains its authority to suspend students, but places
primary responsibility for the suspension of students with the Superintendent
and the Building Administrators.
Any school personnel may recommend to the Superintendent or the Building
Administrator that a student be suspended. All school personnel must
immediately report and refer a violent student to the Building Administrator
or the Superintendent for a violation of the Code of Conduct. All
recommendations and referrals shall be made in writing unless the conditions
underlying the recommendation or referral warrant immediate attention. In
such cases a written report is to be prepared as soon as possible by the school
personnel recommending the suspension.
18
The Superintendent or Building Administrator, upon receiving a
recommendation or referral for suspension or when processing a case for
suspension, shall gather the facts relevant to the matter and record them for
subsequent presentation, if necessary.
a.
Short term (five days or less) Suspension from School
When the Superintendent or Building Administrator (referred to as
the "suspending authority") proposes to suspend a student charged
with misconduct for five days or less pursuant to Education Law
§3214(3), the suspending authority must immediately notify the
student orally. If the student denies the misconduct, the suspending
authority must provide an explanation of the basis for the proposed
suspension. The suspending authority must also notify the student's
parents in writing that the student may be suspended from 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 h
ours 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 of contacting the
parents. Notices
must not be sent home with students.
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 Administrator. 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 Administrator 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 disruption, the notice and
opportunity for an informal conference shall take place as soon after
the suspension as is reasonably practicable.
After the conference, the Building Administrator shall promptly
advise the parents in writing of his or her decision. The Building
Administrator 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 of Education with the
District Clerk within 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 or
suspensions by the Board of Education may be appealed to the
Commissioner of Education within 30 days of the decision.
19
b.
Long term (more than five days) Suspension from School
When the Superintendent or Building Administrator determines that
a suspension for more than five days may be warranted, he or she
shall give reasonable notice to the student and the student's parents of
their right to a fair hearing. At the hearing the student shall have the
right to be represented by counsel, the right to question witnesses
against him or her and the right to present witnesses and other
evidence on his or her behalf.
The Superintendent shall personally hear and determine the proceed
ing or may, in his or her discretion, designate a Hearing Officer to
conduct the hearing. The Hearing Officer shall be authorized to
administer oaths and to issue subpoenas in conjunction with the
proceeding before him or her. A record of the hearing shall be
maintained, but no stenographic transcript shall be required. A tape
recording shall be deemed a satisfactory record. The Hearing Officer
shall make findings of fact and recommendations as to the appropriate
measure of discipline to the Superintendent. The report of 'the
Hearing Officer shall be advisory only, and the Superintendent may
accept all or any part thereof.
An appeal of the decision of the Superintendent may be made to the
Board 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 10 business days of
the date of the Superintendent's decision, unless the parents can show
that extraordinary circumstances precluded them from doing so. The
Board of Education may adopt in whole or in part
the decision of the
Superintendent. Final decisions of the Board of Education and
suspensions by the Board of Education may be appealed to the
Commissioner of Education within 30 days of the decision.
c.
Permanent suspension
Permanent suspension is reserved for extraordinary circumstances
such as where a student's conduct poses a lifethreatening danger to
the safety and wellbeing of other students, school personnel or any
other person on school property or attending a school function.
20
C.
MINIMUM PERIODS OF SUSPENSION
1.
Students who bring a weapon to school
Any student other than a student with a disability, found guilty of bringing a
weapon onto school property will be subject to suspension from school for at
least one calendar year. Before being suspended, the student will have an
opportunity for a hearing pursuant to Education Law §3214. The
Superintendent has the authority to modify the oneyear suspension on a case
bycase basis. In deciding whether to modify the penalty, the Superintendent
may consider the following:
1.
The student's age.
2.
The student's grade in school.
3.
The student's prior disciplinary record.
4.
The Superintendent's belief that other forms of discipline may be
more effective.
5.
Input from parents, school personnel and/or others.
6.
Other extenuating circumstances.
The Superintendent is required to refer the following students to the County
Attorney for a juvenile delinquency proceeding before the Family Court:
1.
Any student under the age of 16 who is found to have b
rought a
weapon to school, or
2.
Any student 14 or 15 years old who qualifies for juvenile
offender status under the Criminal Procedure Law §1.20(42).
The Superintendent is required to refer students over the age of 16 or any
student 14 or 15 years old who qualifies for juvenile offender status to the
appropriate law enforcement authorities. A student 14 or 15 years old who
possesses a firearm, machinegun or loaded firearm (as defined in section
265.00 of the Penal Law) on school grounds (as defined in section 220.00
(14) of the Penal Law) qualifies for juvenile offender status under section
1.20 of the Criminal Procedure Law.
A student with a disability has additional specific rights under Part 201 of the
Commissioner’s Regulations and Federal Law.
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,
shall be subject to suspension from school for at least five days.
If the proposed penalty is the minimum fiveday 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 shortterm suspension. If the
proposed penalty exceeds the minimum five day suspension, the student and
the student's parent will be given the same notice and opportunity for a
21
hearing given to all students subject to a longterm suspension. The
Superintendent has the authority to modify the minimum fiveday suspension
on a casebycase basis. In deciding whether to modify the penalty, the
Superintendent may consider the same factors considered in modifying a one
year suspension for possessing a weapon.
3.
Students who are repeatedly substantially disruptive of the educational
process or repeatedly substantially interferes with the teacher's authority
over the classroom.
Any student who engages in conduct which results in the student being
removed from the classroom by teacher(s) on two or more occasions during a
semester, will be referred to the building Pupil Personnel Services
(PPS) team. The teacher(s) who have removed the student will be
part of the PPS team discussing the case. 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 or more occasions
during a semester, will be suspended from school for at least five days.
If the proposed penalty is the minimum fiveday 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 shortterm
suspension. If the proposed penalty exceeds the minimum fiveday
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
longterm suspension. The Superintendent has the authority to modify
the minimum fiveday suspension on a casebycase basis. In deciding
whether to modify the penalty, the Superintendent may consider the
same factors considered in modifying a oneyear suspension for
possessing a weapon.
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XI.
ALTERNATIVE INSTRUCTION
When a student of any age is removed from class by a teacher or a student of
compulsory attendance age is suspended from school pursuant to Education Law §3214, the
district will take immediate steps to provide alternative means of instruction for the
student. In addition, alternative instruction will be made available to any student over the
compulsory attendance age who presents a sincere desire to complete his/her high school
education.
23
X.
DISCIPLINE OF STUDENTS WITH DISABILITIES
10
The Board of Education of recognizes that it may be necessary to suspend, remove or
otherwise discipline students with disabilities to address disruptive or problem behavior. The
Board of Education also recognizes that students with disabilities enjoy certain procedural
protections whenever school authorities intend to impose discipline upon them. The Board of
Education is committed to ensuring that the procedures followed for suspending, removing or
otherwise disciplining students with disabilities are consistent with the procedural safeguards
required by applicable laws and regulations.
This Code of Conduct affords stu
dents with disabilities subject to disciplinary action no
greater or lesser rights than those expressly afforded by applicable federal and state law and
regulations.
A.
Authorized Suspensions or Removals of Students with Disabilities
1.
For purposes of this section of the Code of Conduct, the following
definitions apply.
A "suspension" means a suspension pursuant to Education Law §
3214.
A "removal" means a removal for disciplinary reasons from the student's
current educational placement other than a suspension and change in
placement to an interim alternative educational setting (IAES) ordered by
an impartial hearing officer because the student poses a risk of harm to
himself/herself or others.
An
"IAES
" means a temporary educational placement for a period of up
to 45 days, other than the student's current placement at the time the
behavior precipitating the IAES placement occurred, that enables the
student to continue to progress in the general curriculum, although in
another setting, to continue to receive those services and modifications,
including those described on the student's current Individualized Education
Program
(IEP),
that will enable the student to meet the goals set out in
such IEP, and include services and modifications to address the behavior
which precipitated the IAES placement that are designed to prevent the
behavior from recurring.
2.
School personnel may order the suspension or removal of a student
with a disability from his or her current educational placement as follows:
a.
The Bo ard of Education, the BOCES District Superintendent,
Superintendent of Schools or a Building Administrator delegated the
authority to suspend students may order the placement of a student with
a disability into an IAES, another setting or suspension for
a period not
to exceed five consecutive school days and not to exceed the amount of
time a nondisabled student would be subject to suspension for the
same behavior.
24
b.
The Superintendent may order the placement of a student with a
disability into an IAES, another setting or suspension for up to 10
consecutive school days, inclusive of any period in which the student
has been suspended or removed under subparagraph (a) above for the
same behavior, if the Superintendent determines that the student has
engaged in behavior that warrants a suspension and the suspension or
removal does not exceed the amount of time nondisabled students
would be subject to suspension for the same behavior.
c.
The Superintendent may order the placement of a student with a
disability in an IAES to be determined by the Committee on Special
Education
(CSE)
, for the same amount of time that a student without
a disability would be subject to discipline, but not more than 45 days,
if the student carries or possesses a weapon to school or to a school
function, or the student knowingly possesses or uses illegal drugs or
sells or solicits the sale of a controlled substance while at school or a
school function.
(1)
'Weapon"
means a firearm as defined in 18 USC § 921 for
purposes of the Gun Free Schools Act. It also means any other
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
cutters, 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 serious physical injury or
death when used as a weapon.
(2)
"Controlled
substance" means a drug or other substance
identified in certain provisions of the federal Controlled
Substances Act specified in both federal and state law and
regulations applicable to this policy.
(3)
"Illegal drugs" means a controlled substance except for those
legally possessed or used under the supervision of a licensed
health
care professional or that is legally possessed or used
under any other authority under the Controlled Substances
Act or any other federal law.
3.
Subject to specified conditions required by both federal and state law and
regulations, an impartial Hearing Officer may order the placement of a
student with a disability in an IAES setting for up to 45 days at a time, if
maintaining the student in his or her current educational placemen
t poses a
risk of harm to the student or others.
25
B.
CHANGE OF PLACEMENT RULE
1.
A disciplinary change in placement means a suspension or removal from a
student's current educational placement that is either:
a.
for more than 10 consecutive school days; or
b.
for a period of 10 consecutive school days or less if the student
is subjected to a series of suspensions or removals that
constitute a pattern because they cumulate to more than 10
school days in a school year and because of such factors as the
length of each suspension or removal, the total amount of time
the student is removed and the proximity of the suspensions or
removals to one another.
2.
School personnel may not suspend or remove a student with disabilities
if imposition of the suspension or removal would result in a
disciplinary change in placement based on a pattern of suspension or
removal.
However, the district may impose a suspension or removal, which would
otherwise result in a disciplinary change in placement, based on a pattern of
suspensions or removals if the CSE has determined that the behavior was not a
manifestation of the student's disability, or the student is placed in an IAES for
behavior involving weapons, illegal drugs or controlled substances.
C.
SPECIAL RULES REGARDING THE SUSPENSION OR REMOVAL OF
STUDENTS WITH DISABILITIES
1.
The district's Committee on Special Education shall:
a.
conduct functional behavioral assessments to determine why a
student engages in a particular behavior and develop or review
behavioral intervention plans whenever the district is first
suspending or removing a student with a disability for more than
10 school days in a school year or imposing a suspension or
removal that constitutes a disciplinary change in placement,
including a change i
n placement to an IAES for misconduct
involving weapons, illegal drugs or controlled substances.
If subsequently, a student with a disability who has a behavioral intervention
plan and who has been suspended or removed from his or her current
educational placement for more than 10 school days in a school year is
subjected to a suspension or removal that does not constitute a disciplinary
change in placement, the members of the CSE shall review the behavioral
intervention plan and its implementation to determine if modifications are
necessary.
26
If one or more members of the CSE believe that modifications are needed, the
school district shall convene a meeting of the CSE to modify such plan and its
implementation, to the extent the committee determines necessary.
b.
conduct a manifestation determination review of the relationship
between the student's disability and the behavior subject to
disciplinary action whenever a decision is made to place a
student in an IAES either for misconduct involving weapons,
illegal drugs or controlled substances or because maintaining the
student in his current educational setting poses a risk of harm to
the student or others; or a decision is made to impose a
suspension that constitutes a disciplinary change in placement.
2.
The parents of a student who is facing disciplinary action, but who has
not been determined to be eligible for services under IDEA and Article
89 at the time of misconduct, shall have the right to invoke applicable
procedural safeguards set forth in federal and state law and regulations
if, in accordance with federal and state statutory and regulatory criteria
(see Commissioner’s Regulations 201.5), the school district is deemed to
have had knowledge that their child was a student with a disability before the
behavior precipitating disciplinary action occurred. If the district is deemed to
have had such knowledge, the student will be considered a student presumed
to have a disability for discipline purposes.
a.
The Superintendent, Building Administrator
or other school personnel
imposing a suspension or removal shall be responsible for determining
whether the student is a student presumed to have a disability.
b.
A student will not be considered a student presumed to have a
disability for discipline pur poses if, upon receipt of information
supporting a claim that the district had knowledge the student was a
student with a disability, the district either:
(1)
conducted an individual evaluation and determined that the
student is not a student with a disability, or
(2)
determined that an evaluation was not necessary and provided
notice to the parents of such determination, in the manner
required by applicable law and regulations.
If there is no basis for knowledge that the student is a student with a disability
prior to taking disciplinary measures against the student, the student may be
subjected to the same disciplinary measures as any other non
disabled student
who engaged in comparable behaviors.
However, if a request for an individual evaluation is made while such non
disabled student is subjected to a disciplinary removal, an expedited
evaluation shall be conducted and completed in the manner prescribed by
applicable federal and state law and regulations. Until the expedited
evaluation is completed, the nondisabled student who is not a student
presumed to have a disability for discipline purposes shall remain in the
27
educational placement determined by the district, which can include
suspension.
4.
The Building Administrator shall provide parents with notice of disciplinary
removal no later than the date on which a decision is made to change the
placement of a student with a disability to an IAES for either misconduct
involving weapons, illegal drugs or controlled substances or because
maintaining the stude nt in his/her current educational setting poses a risk of
harm to the student or others; or a decision is made to impose a suspension or
removal that constitutes a disciplinary change in placement.
The procedural safeguards notice prescribed by the Commissioner of
Education shall accompany the notice of disciplinary removal.
5.
The parents of a student with disabilities subject to a suspension of five
consecutive school days or less shall be provided with the same opportunity
for an informal conference available to parents of non
disabled students under
the Education Law.
5.
Superintendent hearings on disciplinary charges against students with
disabilities subject to a suspension of more than five school days shall be
bifurcated into a quilt phase and a penalty phase in accordance with the
procedures set forth in the Regulations of the Commissioner of Education
incorporated into this policy.
6.
The removal of a student with disabilities other than a suspension or
placement in an IAES shall be conducted in accordance with the due process
procedures applicable to such removals of non
disabled students, except
that school personnel may not impose such removal for more than 10
consecutive days or for a period that would result in a disciplinary change in
placement, unless the CSE has determined that the behavior is not a
manifestation of the student's disability.
7.
During any period of suspension or removal, including placement in an
IAES, students with disabilities shall be provided services as required by the
Regulations of the Commissioner of Education incorporated into this policy.
28
D.
EXPEDITED DUE PROCESS HEARINGS
1.
An expedited due process hearing shall be conducted in the manner
specified by the Regulations of the Commissioner of Education
incorporated into this policy, if:
a.
The Superintendent requests such a hearing to obtain an order of an
impartial Hearing Officer placing a student with a disability in an
IAIS where school personnel maintain that it is dangerous for the
student to be in his/her current educational placement, or during the
pendency of due process hearings where school personnel maintain
that it is dangerous for the student to be in his or her current
educational placement during such proceedings.
b.
The parent requests such a hearin
g from a determination that the
student's behavior was not a manifestation of the student's disability,
or relating to any decision regarding placement, including but not
limited to any decision to place the student in an IAES.
(1)
During the pendency of an expedited due process hearing or
appeal regarding the placement of a student in an IAES for
behavior involving weapons, illegal drugs or controlled
substances, or on grounds of dangerousness, or regarding a
determination that the behavior is not a manifestation of the
student's disability for a student who has been placed in an
IAES, the student shall remain in the IAES pending the
decision of the impartial Hearing Officer or until expiration
of the IAES placement, whichever occurs first, unless the
parents and the district agree otherwise.
(2)
If school personnel propose to change the student's
placement after expiration of an IAES placement, during the
pendency of any proceeding to challenge the proposed
change in placement, the student shall remain in the
placement prior to removal to the IAES, except where the
student is again placed in an IAES.
2.
An expedited due process hearing shall be completed within 15 business
days of receipt of the request for a hearing. Although the impartial Hearing
Officer may g
rant specific extensions of such time period, he or she must
mail a written decision to the district and the parents within five business
days after the last hearing date, and in no event later than 45 calendar days
after receipt of the request for a hearing, without exceptions or extensions.
29
E.
REFERRAL TO LAW ENFORCEMENT AND JUDICIAL AUTHORITIES
In accordance with the provisions of IDEA and its implementing regulations:
1.
School Personnel may report a crime committed by a child with a disability to
appropriate authorities, and such action will not constitute a change of the student's
placement.
2.
The Superintendent shall ensure that copies of the special education and disciplinary
records of a student with disabilities are transmitted for consideration to the
appropriate authorities to whom a crime is reported.
30
XI.
CORPORAL PUNISHMENT
Corporal punishment is any act of physical force upon a student for the purpose of punishing that
student. Corporal punishment of any student by any school personnel is
strictly forbidden.
However, in situations where alternative procedures and methods that do not involve the use of
physical force cannot reasonably be used, reasonable physical force may be used to:
1.
Protect oneself, another student, school personnel o
r any person
from physical injury.
2.
Protect the property of the school or others.
3.
Restrain or remove a student whose behavior interferes with the orderly exercise
and performance of school district functions, powers and duties, if that student has
refused to refrain from further disruptive acts.
The district will file all complaints about the use of corporal punishment with the
Commissioner of Education in accordance with commissioner's regulations.
31
XII.
STUDENT SEARCHES AND INTERROGATIONS
The Board of Education is committed to ensuring an atmosphere on school property and at
school functions that is safe and orderly. To achieve this kind of environment, any school personnel
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 personnel, nor are school personnel
required to
contact a student's parent before questioning the student. However, school personnel will tell all
students why they are being questioned.
In addition, the Board of Education authorizes the Superintendent to conduct searches of
students and their belongings if the authorized school personnel 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 Building Administrator 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 Building Administrator has a legitimate reason for the very limited search.
A Building Administrator may search a student or the student's belongings based upon
information received from a reliable informant. Individuals, other than school personnel, will be
considered reliable informants if they have previously supplied information that was accurate and
verified, they make an admission against their own interest, 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. School personnel 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 Building Administrator should ask
the student if he or she possesses physical evidence that they violated the l
aw 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. This applies to searches of
property only. In cases of searches of a student’s person, see “B” below.
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 personnel 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 personnel, without prior notice to students and
without their consent.
B.
Searches of Person (examples: Pat Downs and Strip Searches)
Searches of person 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 a Building Administrator believes it is necessary to
conduct a search of person of a student, the school personnel may do so if the search is authorized in
advance by the Superintendent. The only exception to this rule requiring advanced authorization is
when the Building Administrator believes there is an emergency situation that could threaten the
safety of the student or others.
32
Search of person may only be conducted by an authorized school personnel 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 Building Administrator conducting a search of person 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 search of pe rson, the Building Administrator must
consider the nature of the alleged violation, the student's age, the student's record and the need for such
a search.
The Building Administrator will attempt to notify the student's parent by telephone before conducting
a search of person, or in writing after the fact if the parent could not be reached by telephone.
C.
Documentation of Searches
The Building Administrator 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 Administrator shall be responsible for the custody, control and disposition of any illegal
or dangerous item taken from a student. The Building Administrator shall retain control of the items,
unless the items are turned over to the police. The Building Administrator shall be responsible for
personally delivering dangerous or illegal items to police authorities.
D.
Police Involvement in Searches and Interrogations of Students
School Personnel are committed to cooperating with police officials and other law enforcement
authorities to maintai
n 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.
2.
Probable cause to believe a crime has been committed on school property or at a school
function, or
3.
Been invited by school personnel.
In all cases when police have an arrest or search warrant, the Superintendent may release that student
to police.
In cases where there is no search or arrest warrant, the following applies. If a crime has been
committed on school property, the Superintendent can authorize the police to question or search a
student. If however, the crime is committed off school property, the police can question or search a
33
student only with parental permission. If the student’s parent cannot be contacted, the student will be
detained only until the end of the school day.
34
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.
3.
They may request the presence of an attorney.
E.
Child Protective Services Investigations
Consistent with the district's commitment to keep students safe
from harm and the obligation
of school personnel to report to child protective services when they have reasonable cause to
suspect that a student has been abused or maltreated, the district will cooperate with local
child protective services workers who wish to conduct interviews of students on school
property relating to allegations of suspected child abuse, and/or neglect, or custody
investigations.
All requests by child protective services to interview a student on school property shall be
made directly to the Building Administrator. The Building Administrator shall set the time
and place of the interview. The Building Administrator shall decide if it is necessary and
appropriate for a school personnel to be present during the interview, depending on th
e age of
the student being interviewed and the nature of the allegations. If the nature of the allegations
is such that it may be necessary for the student to remove any of his or her clothing in order
for the child protective services worker to verify the allegations, the school nurse or other
district medical personnel must be present during that portion of the interview. No student
may be required to remove his or her clothing in front of a child protective services worker or
school personnel of the opposite sex or without samesex witnesses.
A child protective services worker may not remove a student from school property without a
court order, unless the worker reasonably believes that the student would be subject to danger
of abuse if not he or she were not removed from school before a court order can reasonably
be obtained. If the worker believes the student would be subject to danger of abuse, the
worker may remove the student without a court order and without the parent's consent, only
with the permission of the Superintendent.
35
XIII.
VISITORS TO THE SCHOOLS
The Board of Education encourages parents and other district citizens to visit the district's
schools and classrooms to observe the work of students, teachers and other school
personnel. Since schools are a place of work and learning, however, certain limits must be
set for such visits. The Building Administrator is responsible for all persons in the
building and on the grounds. For these reasons, the following rules apply to visitors to the
schools:
1.
Anyone who is not a school personnel a or student of the school will be
considered a "visitor."
2.
All visitors to the school must report to the Main Office in the Building upon
arrival at the school. They must state where they are going in the building.
There they will be required to sign the visitor's register and will be issued a
visitor's identification badge, which must be worn at all times while in the
school or on school grounds. The visitor must return the identification badge
to the Main Office in the building before leaving the building.
3.
Visitors attending school functions that are open to the public, such as
parentteacher organization meetings or public gatherings, are not required to
register.
4.
Parents or citizens who wish to observe a classroom while school is in
session are required to arrange such visits in advance with the classroom
teacher(s), so that class disruption is kept to a minimum.
5.
Teachers are expected not to take class time to discuss individual matters
with visitors.
6.
Any unauthorized person on school property will be reported to the Building
administrator. Unauthorized persons will be asked to leave. The police may
be called if the situation warrants.
7.
All visitors are expected to abide by the rules for public conduct on school
property contained in this Code of Conduct.
36
XIV. PUBLIC CONDUCT ON SCHOOL PROPERTY
The district is committed to providing an orderly, respectful environment that is conducive to
learning. To create and maintain this kind of an environment, it is necessary to regulate public
conduct on school property and at school functions.
The restrictions on public conduct on school property and at school functions contained in this code
are not intended to limit freedom of speech or peaceful assembly. The district recognizes that free
inquiry and free expression are indispensable to the objectives of the district. The purpose of this
code is to maintain public order and prevent abuse of the rights of others.
A.
PROHIBITED CONDUCT
No person, either alone or with others, shall:
1.
Intentionally injure any person or threaten to do so.
2.
Intentionally damage or remove district property.
3.
Disrupt the orderly conduct of classes, school programs or other school
activities.
4.
Distribute or wear materials on school grounds or at school functions that are
obscene, advocate illegal action, appear libelous, obstruct the rights of others,
or are disruptive to the school program.
5.
Intimidate, harass, or discriminate against any person on any basis including
race, color, nationality, religion, age, sex, sexual orientation or disability.
6.
Enter any portion of the school premises without authorization or remain in
any building or facility after it is normally closed.
7.
Obstruct the free movement of any person in any place to which this code
applies.
8.
Violate the traffic laws, parking regulations or other restrictions on vehicles;
9.
Possess, consume, sell, distribute or exchange alcoholic beverages, controlled
substances, or be under the influence of either on school property or at a
school function.
10.
Possess or use firearms or other weapons including air guns, pistols, rifles,
shotguns, ammunition, explosives, box cutters, knives, gas canisters, pepper
spray or other noxious spray in or on school property or at a school function,
except in the case of law enforcement officers or except as specifically
authorized by the school district.
11.
Loiter on or about school property.
12.
Gamble on school property or at school functions.
13.
Refuse to comply with any lawful order of i
dentifiable school personnel
performing their duties.
14.
Willfully incite others to commit any of the acts prohibited by this code.
15.
Violate any federal or state statute, local ordinance or Board of Education
policy while on school property or while at a school function.
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B.
PENALTIES
Persons who violate this code shall be subject to the following penalties:
1.
Visitors. Their authorization, if any, to remain on school grounds or at the
school function shall be withdrawn and they shall be directed to leave the
premises. If they refuse to leave, they shall be subject to ejection.
2.
Students. They shall be subject to immediate ejection and to disciplinary
action as the facts may warrant, including any
,
of the penalties listed in the
"Penalties" section of this Code of Conduct, m accordance with the due
process of law requirements.
3.
Tenured faculty members. They shall be subject to immediate ejection and to
disciplinary action as the facts may warrant in accordance with Education
Law section 3020a or any other legal rights that they may have.
4.
School personnel in the classified service of the civil service entitled to the
protection of Civil Service Law § 75. They shall be subject to immediate
ejection and to disciplinary action as the facts may warrant in accordance
with Civil Service Law § 75 or any other legal rights that they may have.
5.
School personnel other than those described in subdivisions 4 and 5. They
shall be subject to immediate ejection and to warning, reprimand, suspension
or dismissal as the facts may warrant in accordance with any legal rights they
may have.
C.
ENFORCEMENT
The Superintendent shall be responsible for enforcing the conduct required by this
code. The Superintendent may designate the other school personnel who are
authorized to take action consistent with the code.
.
When the Superintendent or his/her designee sees an individual engaged in prohibited
conduct, which in his or her judgment does not pose any immediate threat of injury to
persons or property, the designated school personnel shall tell the individual that the
conduct is prohibited and attempt to persuade the individual to stop. The school
personnel shall also warn the individual of the consequences for failing to stop. If the
person refuses to stop engaging in the prohibited conduct, or if the person's conduct
poses an immediate threat of injury to persons or property, the designated school
personnel shall have the individual removed immediately from school property or the
school function. If necessary, local law enforcement authorities will be contacted to
assist in removing the person.
The district shall initiate disciplinary action against any student or school personnel,
as appropriate, with the "Penalties" section above. In addition, the district reserves its
right to pursue a civil or criminal legal action against any person violating the code.
38
XV.
DISSEMINATION AND REVIEW
A.
Dissemination of Code of Conduct
The Board of Education will work to ensure that the community is aware of this
Code of Conduct by:
1.
Providing copies of a summary of the Code of Conduct to all
students at a general assembly held at the beginning of each school
year.
2.
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.
3.
Providing all current teachers and other school personnel members
with a copy of the code and a copy of any amendments to the Code
of Conduct as soon as practicable after adoption.
4.
Providing all new employees with a copy of the current Code of
Conduct when they are first hired.
5.
Making copies of the Code of Conduct available for review by
students, parents and other community members.
On an annual basis, the Code of Conduct will be publicized and explained to all
students and distributed, in writing, to parents and guardians of students. A copy
of the code will be filed in the main office of each school building, with Board of
Education of Education policy, where it will be available for review by any
individual.
The Board of Education will sponsor an inservice education program for all
school personnel to ensure the effective implementation of the Code of Conduct.
The Superintendnet may solicit the recommendations of the district school
personnel, 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 of Education will consider
how effective the code’s provisions have been and whether the code has been
applied fairly and consistently.
The Board of Education may appoint an advisory committee to assist in reviewing
the code and t
he district’s response to Code of Conduct violations. The
committee will be made up of represenatatives of student, teacher, administrator,
and parent organizations, school safety personnel and other school personnel.
Before making any revisions to the Code of Conduct, the Board of Education 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 o f Edcuation no later than 30 days after adoption.
39
ANNOTATIONS
When the word “must” or “will” is used in this Code of Conduct, it means that the action described is
mandatory and that the designated actor is required to act.
1.
This definition of “disruptive student” is taken from Education Law §3214(2a)(b)
2.
This Code of Conduct defines “parent” broadly to include guardians. This broader definition has
been used to avoid having to say parent/guardian throughout the entire document.
3.
This definition of taken of “school property” is taken from Education Law §2801(1).
4.
This definition of “school activity” is taken from education Law §2801(1).
5.
This definition of “violent student” is taken from Education Law §3214(2a)(a). The definition has
been modified slightly in that statutory definition does not use the term “weapon.” Instead, the statute
at one point refers to “a gun, knife, explosive or incendiary bomb, or other dangerous instrument
capable of causing physical injury or death,” and at another it refers to “any instrument that appears
capable of causing physical injury or death.” Given the breath of statutory language and the
definition of weapon that is used in the sample Code of Conduct, we have simplified the definition of
violent student used in the Code of Conduct by simply using the term “weapon.”
6.
This definition of “weapon” is much broader than the definition used in the federal GunFree Schools
Act of 1995. The term is broadly defined to keep all types of objects that can cause serious injury or
death out of schools, and thereby enhance school safety.
7.
The lists obviously do not contain all that is expected of these groups.
8.
This Code of Conduct is to govern the conduct of students, teachers and other school personnel, and
visitors (Education Law §2801(2)) and requires that the code contain provisions regarding dress while
on school property (§2801(2)(a)).
9.
Nothing prevents parties from
voluntarily
agreeing to alter time lines. The agreement, however, must
be completely voluntary.
10. This porti
on of the Code of Conduct applies to disabilities under IDEA and Article 89 and to students
who qualify as disabled only under section 504 of the Rehabilitation Act.
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