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I.
Introduction
TheBoardofEducationofSodusCe
ntralSc
hoolDi
strict(“ Board”) isc
ommittedt
o
providing a safe and orderly school environment where students may receive and district
personnel may deliver quality educational services without disruption or interference.
Responsible behavior by students, teachers, other district personnel, parents and other
visitors is essential to achieving this goal.
The district has a long-standing set of expectations for conduct on school property and at
school functions. These expectations are based on the principle of civility, mutual
respect, citizenship, character, tolerance, honesty and integrity.
The Board recognizes the need to clearly define these expectations for acceptable conduct
on school property, identify the possible consequences of unacceptable conduct and to
ensure that discipline when necessary is administered promptly and fairly. To this end,
the Board adopts this Code of Conduct
(“ c
ode” ).
Unless otherwise indicated, this code applies to all students, school personnel, parents
and other visitors when on school property or attending a school function.
II.
Strategic Plan
Beliefs
We believe:
?
community depends on the cooperation of its members.
?
learning is the tool that shapes our future.
?
acceptance of all people strengthens a community.
?
individual potential is unlocked by working toward a goal.
?
the best education results from a family, school and community partnership.
?
individuals are responsible for their actions.
?
all people need nurturing.
?
the essence of our diverse community must be embraced and promoted.
Objectives
By 2002:
?
100% of our students will be skilled in developing and achieving their personal goals.
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?
100% of our students will be academically competent as demonstrated by successful
completion of their cooperatively developed personal academic plans.
?
100% of our students will develop their particular passion(s) for learning.
Parameters
?
We will not accept or continue any program without assuring:
?
its contribution to our mission and objectives;
?
provision for adequate staff development;
?
a process to determine if it is successful in achieving its intended results.
?
We will not tolerate any action or circumstance that degrades any person or group.
?
We will not tolerate any action or circumstance that is counterproductive to our
mission and objectives.
?
We will not retain any employee or volunteer whose behavior is not contributing to
the achievement of our mission and objectives.
III.
Definitions
For purposes of this code, the following definitions apply.
“ Disruptives
t
udent”
means a student under the age of 21 who is substantially disruptive
oftheeducational
pr
ocessorsubstantiallyi
nterfereswi
tht
het
e
a
c
her’sa
ut
horityovert
he
classroom.
“ Studentwi
thadisability”
means a student with a disability as defined in section 4401(1)
of education Law, who has not attained the age of 21 prior to September 1
st
who is
entitled to attend public schools pursuant to section 3202 of the Education Law and who
because of mental, physical or emotional reasons, has been identified as having a
disability and who requires special services and programs approved by the department.
“Studentpr
esumedt
ohaveadisabilityf
ordi
s
c
iplinepurposes”
meansastudentwhothe
school district is deemed to have knowledge was a student with a disability before the
behavior that precipitated disciplinary action under the criteria in IDEA and its
regulations.
“ Parent”
means the biological, adoptive or foster parent, guardian or person in parental
relation to a student.
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“ Schoolpr
operty”
means on or within any building, structure, athletic playing field,
playground, parking lot or land contained within the real property boundary line of a
public elementary or secondary school, or in or on a school bus, as defined in Vehicle and
Traffic Law 142.
“ Schoolf
unction”
means any school-sponsored extracurricular event or activity.
“ Violents
t
udent”
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. Possesses, while on school property or at a school function, a weapon.
4. Displays, while on school property or at a school function, what appears to be a
weapon.
5. Threatens, while on school property or at a school function, to use a weapon.
6. Knowingly and intentionally damages or destroys the personal property of any school
employee or any person lawfully on school property or at a school function.
7. Knowingly and intentionally damages or destroys school district property.
“ Weapon”
means a firearm as defined in 18 USC §921 for purposes of the Gun Free
Schools Act. It also means any other gun, 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.
IV.
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.
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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,
and
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 teachers, administrators and other 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 school-sponsored extracurricular events and to hold themselves to
the highest standards of conduct, demeanor, and sportsmanship.
V.
Essential Partners
A. Parents
All parents are expected to:
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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.
Buildg
oodelon
ra
t
i s
hi
pswi
thea
t c
he
rs
, otherp
a
rentsa
ndthe
i
rchildren’s
friends.
10. Help their children deal effectively with peer pressure.
11. Inform school officials of changes in the home situation that may affect
student conduct or performance.
12. Provide a place for study and ensure homework assignments are completed.
B. Teachers
All district teachers are expected to:
1.
Maintain a climate of mutual respect and dignity, which will strengthen
students’ s
elf-concept
and promote confidence to learn.
2.
Be prepared to teach.
3.
Demonstrate interest in teaching and concern for student achievement.
4.
Know school policies and rules, and enforce them in a fair and consistent
manner.
5.
Communicate to students and parents:
a. Course objectives and requirements
b. Marking/grading procedures
c. Assignment deadlines
d. Expectations for all students
e. Classroom discipline plan.
6.
Communicate regularly with students, parents and other teachers concerning
growth and achievement.
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C. Guidance Counselors
All district counselors are expected to:
1.
Assist students in coping with peer pressure and emerging personal, social and
emotional problems.
2.
Initiate teacher, student, counselor conferences and parent, teacher, student,
counselor conferences, as necessary, as a way to resolve problems.
3.
Regularly review with students their educational progress and career plans.
4.
Provide information to assist students with career planning.
5.
Encourage students to benefit from the curriculum and extracurricular
programs.
D. Principals
All Principals are expected to:
1.
Promote a safe, orderly and stimulating school environment, supporting active
teaching and learning.
2.
Ensure that students and staff have the opportunity to communicate regularly
with the principal and approach the principal for redress of grievances.
3.
Evaluate on a regular basis all instructional programs.
4.
Support the development of and student participation in appropriate
extracurricular activities.
5.
Be responsible for enforcing the code of conduct and ensuring that all cases
are resolved promptly and fairly.
E. Superintendent
The Superintendent is expected to:
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.
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4.
Work to create instructional programs that minimize problems of misconduct
and are sensitive to student and teacher needs.
5.
Work with district administrators in enforcing the code of conduct and
ensuring that all cases are resolved promptly and fairly.
F. Board of Education
The Board of Education is expected to:
1.
Collaborate with student, teacher, administrator, and parent organizations,
school safety personnel and other school personnel to develop a code of conduct
that clearly defines expectations for the conduct of students, district personnel and
visitors on school property and at school functions.
2.
Adopta
ndr
e
vi
ew a
tl
e
a
s
tonc
ee
ve
r
yy
e
a
rthedi
strict’sc
odeofc
onductt
o
evaluate t
he c
ode’sef
f
e
c
tivenessa
nd t
he f
airnessa
nd c
onsistency
of its
implementation.
VI.
Student Dress Code
All students are expected to give proper attention to personal cleanliness and to dress
appropriately for school and school functions. Students and their parents have the
primary responsibility for acceptable student dress and appearance. Teachers and all
other district personnel should exemplify and reinforce acceptable student dress and help
students develop an understanding of appropriate appearance in the school setting.
Ast
ude
nt’sdr
e
s
s
, g
roominga
nda
pp
earance, including hair style/color, jewelry, make-
up, and nails, shall:
1. Be safe, appropriate and not disrupt or interfere with the educational process.
2. Recognize that extremely brief garments such as tube tops, net tops, halter-tops, tank
tops, spaghetti straps, plunging necklines (front and/or back) and see-through
garments are not appropriate.
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.
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7. Not promote and/or endorse the use of alcohol, tobacco, or illegal drugs and/or
encourage other illegal or violent activities.
8. Not include the wearing of coats, jackets and other types of outerwear.
Each Building Principal 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.
VII.
Prohibited Student Conduct
The Board of Education expects students to conduct themselves in an appropriate and
civil manner, with proper regard for the rights and welfare of other students, district
personnel and other members of the school community, and for the care of school
facilities and equipment.
The best discipline is self-imposed, and students must learn to assume and accept
responsibility for their own behavior, as well as the consequences of their misbehavior.
District personnel who interact with students are expected to use disciplinary action only
whenne
cessarya
ndt
oplacee
mphasisonthes
t
udents’ a
bilityt
ogrowi
nself-discipline
.
The Board 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:
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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 that disrupts the normal operation of the school
community.
6. Trespassing. Students are not permitted in any school building, other than the one
they regularly attend, without permission from the administrator in charge of the
building.
7. Computer/electronic communications misuse, including any unauthorized use of
computers, software, or internet/intranet account; accessing inappropriate
websites
;oranyot
hervi
olationofthedi
strict’sa
c
c
e
ptableus
epic
oly
.
B. Engage in conduct that is insubordinate. Examples of insubordinate conduct include:
1. Failing to comply with the lawful directions of teachers, school administrators or
other school employees in charge of students or otherwise demonstrating
disrespect.
2. Lateness for, missing or leaving school without permission.
3. Skipping detention.
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 persistently late for school or class.
3. Being persistently 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 employee.
2. Committing an act of violence (such as hitting, kicking, punching and scratching)
upon another student or any other person lawfully on school property.
3. Possessing a weapon. Authorized law enforcement officials are the only persons
permitted to have a weapon in their possession while on school property or at a
schoolf
unction. “ Weapon” meansag
un, pistol
, r
evolver
, s
hotgun, r
ifle
, machine
gun, disguised gun, dagger, dirk, razor, stiletto, switchblade knife, gravity knife,
metal knuckle knife, box cutters, cane sword, electronic dart gun, Kung Fu star,
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electronic stun gun, pepper spray or other noxious spray, explosive or incendiary
bomb, or other dangerous instrument that can cause physical injury or death.
4. Displaying what appears to be a weapon.
5. Threatening to use a weapon.
6. Intentionally damaging or destroying the personal property of a teacher,
administrator, other district employee 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.
Actsofsexualha
rassmenta
sdefinedi
nthedi
strict’ss
e
xualha
rassmentpolicy
.
4. Selling, using or possessing obscene material.
5. Possessing and/or smoking a cigarette, cigar, pipe or using chewing or smokeless
tobacco.
6. Possessing, consuming, selling, distributing, or exchanging alcoholic beverages or
illegals
ubstances
, orbe
i
ngundert
hei
nf
l
uenceofeither
. “ Illegals
ubstances”
include inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids,
look-alike
dr
ugs
, a
nda
nys
ubs
tancesc
ommonlyr
e
ferredt
oas“ designerdr
ugs
.”
7. Inappropriately using or sharing prescription and over-the-counter drugs.
8. Discrimination, which includes the use of race, color, creed, national origin,
religion, gender, sexual orientation or disability as a basis for treating another in a
negative manner.
9. Harassment, which includes a sufficiently severe action or a persistent, pervasive
pattern of actions or statements directed at an identifiable individual or group
which are intended to be or which a reasonable person would perceive as
ridiculing or demeaning.
10. Intimidation, which includes engaging in actions or statements that put an
individual in fear of bodily harm.
11. Hazing, which includes any intentional or reckless act directed against another for
the purpose of initiation into, affiliating with or maintaining membership in any
school sponsored activity, organization, club or team.
12. Using vulgar or abusive language, cursing or swearing.
13. Gambling.
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14. Indecent exposure, that is, exposure to sight of the private parts of the body in a
lewd or indecent manner.
15. Initiating a report, warning of fire or other catastrophe without valid cause, misuse
of 911, or discharging a fire extinguisher.
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 classroom
behavior. Excessive noise, pushing, shoving and fighting will not be tolerated.
Students waiting for buses when not on school property are expected to conduct
themselvesi
na
ccordancewi
tht
hedi
s
t
rict’sc
odeofc
onduct
.
G. Engage in any form of academic misconduct. Examples of academic misconduct
include:
1. Plagiarism.
2. Cheating.
3. Copying.
4. Altering records.
5. Assisting another student in any of the above actions.
VIII. 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 a
teacher, the Building Principal or the Superintendent. Any weapons, alcohol, or illegal
substances found shall be confiscated immediately. The parent of the student will be
notified. The appropriate disciplinary action will be taken, up to and including permanent
suspension and referral for prosecution.
The Building Principal must notify the appropriate local law enforcement agency of those
code violations that constitute a crime and substantially affect the order or security of a
school as soon as practical, but in no event later than the close of business the day the
Principal learns of the violation. The notification may be made by telephone, followed
by a letter mailed on the same day as the telephone call is made. The notification must
identify the student and explain the conduct that violated the code of conduct and
constituted a crime.
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IX.
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
placeemphasis
onthes
t
udents’ a
bilityt
ogrowi
nself-discipline
.
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.
Thes
t
udent’sa
g
e
.
2. The nature of the offense and the circumstances that led to the offense.
3.
Thes
t
udent’sp
r
i
ordi
s
c
iplinaryr
e
cord.
4. The effectiveness of other forms of discipline.
5. Information from parents, teachers and/or others, as appropriate.
6. Other extenuating circumstances.
Asag
eneralr
ule
, disciplinewi
llbeprogressive
. Thisme
anst
hatas
tudent’sf
i
r
s
t
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
Studentswhoa
r
ef
oundt
ohavevi
olatedt
hedi
s
t
rict’sc
odeof
conductmaybesubjectto
the following penalties, either alone or in combination with one another. The school
personnel identified after each penalty are authorized to impose the penalty, consistent
witht
hes
t
udent’sr
i
g
htt
oduepr
ocess
.
1. Verbal warning
–
Any Member of the District Staff
2. Written warning
–
Bus Driver, Teacher aides and assistants, Teachers, Principal,
Administrators, Superintendent
3. Written notification to parent
–
Bus Driver, Teacher aides and assistants, Teacher,
Principal, Administrators, Superintendent
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4. Restitution - Principal, Administrators, Superintendent
5. Detention
–
Teachers, Principal, Superintendent
6. Suspension from transportation
–
Director of Special Education, Principal,
Superintendent
7. Suspension from athletic participation
–
Athletic Director, Principal,
Superintendent
8. Suspension from social or extracurricular activities
–
Principal, Superintendent
9. Suspension from other privileges
–
Principal, Superintendent
10. In-school suspension
–
Principal, Superintendent
11. Removal from classroom by teacher
–
Teachers, Principal, Superintendent
12. Short-term (five days or less) suspension from school
–
Principal, Superintendent
13. Long-term (more than five days) suspension from school
–
Superintendent
14. 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
their 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 right before the
penalty is imposed. These additional rights are explained below.
1. Detention
Teachers, principals 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 and
thes
t
udent’spa
r
e
nts
ha
llbenotifiedt
oconfirmha
t tt
h
erei
snotpa
rentalobjection
to the penalty and the student has appropriate transportation home following
detention.
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2. Suspension from transportation
If a student does not conduct himself/herself properly on a bus, the bus driver is
expectedt
obrings
uchmi
sconductt
ot
heBuildingPr
incipal’sorAdministrator’s
attention. Students who become a serious disciplinary problem may have their
riding privileges suspended by the Building Principal, Administrator or the
Superintendent. In
s
uchc
a
ses
, t
hes
t
udent’spa
r
e
ntwi
llbe
comer
e
sponsiblef
or
seeing that his or her child gets to and from school safely. A student subjected to
a suspension from transportation in not entitled to a full hearing pursuant to
Education Law §3214. However
, t
hes
t
udenta
ndt
hes
tudent’spa
r
e
ntwi
llbe
provided with a reasonable opportunity for an informal conference with the
Building Principal or Administrator to discuss the conduct and the penalty
involved.
3. Suspension from athletic participation, extracurricular 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§321 4. However
, t
hes
t
udenta
nds
t
udent’s
parent will be provided with a
reasonable opportunity for an informal conference with the district official
imposing the suspension to discuss the conduct and the penalty involved.
4. In-school Suspension
The Board 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 authorizes Building Principals and the
Superintendent to place students who would otherwise be suspended from school
ast
heresultofac
odeofc
onductolon
via
t
i i
n“in-schools
us
pension.” “In-school
suspension” i
st
het
emporaryr
e
movalofstudentsf
r
om t
hec
l
assroom a
ndt
heir
placement in another area of the school district designated for such a suspension
where students will receive substantially equivalent, alternative education.
A student subjected to an in-school suspension is not entitled to a full hearing
pursuantt
oEducationLa
w§321 4. However
, t
hes
t
udenta
ndt
hes
tudent’spa
r
e
nt
will be provided with a reasonable opportunity for an informal conference with
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the district official imposing the in-school 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
processorsubstantiallyi
nterfereswi
tht
het
e
a
c
her’sa
ut
horityovert
heclassroom.
Adi
s
r
uptives
t
udentc
a
naf
f
e
c
tat
e
acher’sa
bi
l
ityt
oteach
and can make it
difficult for other students in the classroom to learn. In most instances the
classroomea
t c
he
rc
a
nc
ontrolas
tudent’sbe
ha
viora
ndma
i
ntainorrestorec
ontrol
over the classroom by using good classroom management techniques. These
techniques may include practices that involve the teacher directing a student to
briefly leave the classroom to give the student an opportunity to regain his or her
composure and self-control in an alternative setting. Such practices may include,
but are not limited to (1) short-term
“ timeout” i
n acl
a
s
s
room ori
n a
n
administrator’sof
f
i
ce
;(2) sendingas
tudenti
nt
ot
hehallwaybr
iefly
;(3) sendinga
studentt
ot
hea
dministrator’sof
f
i
ceorbuildingt
i
meoutr
oom foradesignated
amount of time just for that day; (4) sending a student to a guidance counselor or
other district staff member for counseling.
Time-honored classroom
management techniques such as these do not constitute disciplinary removals for
the purposes of this code.
Onoccasion,astudent’sb
e
ha
viorma
ybe
c
omedi
sruptive
. Fort
hepurposesof
this code of conduct, a disruptive student is a student who is substantially
disruptiveo
fthee
ducationalpr
ocessorsubstantiallyi
nterfereswi
tht
het
e
a
c
her’s
authority over the classroom. A substantial disruption of the educational process
ors
ubstantiali
nterferencewithateacher’sa
ut
horityoccurswhenastudent
demonstratesapersistentunwillingnesst
oc
omplywi
tht
het
e
a
c
her’si
ns
t
ructions
orr
e
peatedlyvi
olatest
heteacher’sc
l
a
s
sroombehaviorrules.
A classroom teacher may remove a student from class for up to two days (this
includes the day of removal) if the teacher determines that the student is
disruptive. The removal from class applies to the class of the removing teacher
only.
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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 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 one full
school day.
The teacher must complete a district-established referral form and meet with the
Principalorprincipal’sde
s
i
gneea
ssoona
spossible
, butnolatert
ha
nt
hee
ndof
the school day, to explain the circumstances of the removal and to present the
referralf
or
ms
. I
ft
heprincipalorprincipal’sde
s
i
gneei
snota
vailablebythee
nd
of the same school day, the teacher must leave the form with the secretary and
meetwi
tht
hepr
i
ncipalorprincipal’sde
s
i
gneepr
ior
to thebeginningofclasseson
the next school day.
Within 24-hours
a
f
tert
hes
t
udent’sr
e
moval
, t
heTe
achera
ndt
hePrincipalor
anotherdi
stricta
dministratorde
signatedbythePr
incipals
ha
llnotifyt
hes
t
udent’s
parent, in writing, that the student has been removed from the class and why. The
notice must also inform the parent that he or she has the right, upon request, to
meeti
nformallywi
thhe
t Pr
incipalorthepr
incipal’sde
s
i
gneet
odiscusst
he
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 reasonable calculated to assure receipt of the
noticewithin24-hours
ofthes
t
udent’sr
e
movala
tthel
a
stk
nownaddressforthe
parent. 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
parents. The Principal may require the teacher who ordered the removal to attend
the informal conference.
If at the informal meeting the student denies the charges, the Principal or the
principal’sde
s
i
gneemuste
xplainwhyt
hes
tudentwa
sr
e
moveda
ndg
i
vethe
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studenta
ndt
hes
tudent’spa
r
e
ntsac
hancet
opresentt
hestudent’sve
r
s
ionofthe
relevant events. The informal meeting must be held within two school days of the
student’sr
e
moval
. Thet
i
mingofthei
nformalme
etingma
ybee
xtendedby
mutual agreement of the parent, teacher, and principal.
ThePr
incipalorthepr
incipal’sde
s
i
gneema
yove
rturnt
her
e
movalofthes
t
udent
from class if the Principal finds any one of the following:
a. The charges against the student are not supported by substantial evidence.
b.
Thes
t
udent’sr
e
movali
sotherwisei
nviolationoflaw.
c. The conduct warrants suspension from school pursuant to Education Law
§3214 and a suspension will be imposed.
The Principal or his/her designee must make a determination as to whether to
overturn the removal before the close of business on the day after the day of the
informal hearing. No student removed from the classroom by the classroom
teacher will be permitted to return to the classroom until the Principal makes a
final determination, or the period of removal expires, whichever is less. At the
teacher’sdi
s
c
retion, heors
hema
yr
e
s
c
indt
her
e
movalpr
iort
ot
hee
xpirationof
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 Principal must keep a log of all
removals of students from class.
Removal of a student with a disability may, under certain circumstances,
constituteac
hangei
nthes
t
udent’spl
a
c
ement
. Accordingly
, not
e
a
c
herma
y
remove a student with a disability from his or her class until he or she has verified
with the Principal or the Chairperson of the Committee on Special Education that
ther
e
movalwi
llnotvi
ol
atet
hes
t
udent’sr
i
g
htsunders
t
ateorfederall
a
wor
regulation.
6. Suspension from School
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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 retains its authority to suspend students, but places primary
responsibility for the suspension of students with the Superintendent and the
Building Principals.
Any staff member may recommend to the Superintendent or the Principal that a
student be suspended. All staff members must immediately report and refer a
violent student to the Principal 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 staff member recommending the suspension.
The Superintendent or Principal, upon receiving a recommendation or referral for
suspension or when processing a case for suspension, shall gather the facts
relevant to the matter and record them for subsequent presentation, if necessary.
a. Short Term (five days or less) Suspension from School
When the
SuperintendentorPrincipal(r
eferred t
oashe
t “ suspending
authority”) proposest
osuspendas
tudentc
hargedwi
thmi
sconductf
orf
i
ve
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’spa
r
e
ntsi
nwritingha
t tt
hes
t
udentma
ybes
uspendedro
f m t
he
school. The written notice must be provided by personal delivery, express
mail delivery, or some other means that is reasonably calculated to assure
receipt of the notice within 24 hours of the decision to propose suspension at
the last known address for the parents. Where possible, notice should also be
provided by telephone if the school has been provided with a telephone
number(s) for the purpose of contacting the parents.
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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 Principal.
Both the notice and informal conference shall be in the dominant language or
mode of communication used by the parents. At the conference, the parents
shall be permitted to ask questions of complaining witnesses under such
procedures as the Principal may establish.
The notice and opportunity for an informal conference shall take place before
thes
t
udenti
ssuspendedunlesst
hes
t
udent’sp
r
e
s
encei
nschoolposesa
continuing danger to persons or property or an ongoing threat of disruption to
thea
c
ademicpr
ocess
. I
ft
hes
tudent’spr
e
s
encedoes
pose such a danger or
threat of distraction, the notice and opportunity for an informal conference
shall take place as soon after the suspension as is reasonably practicable.
After the conference, the Principal shall promptly advise the parents in writing
of his or her decision. The Principal shall advise the parents that if they are
not satisfied with the decision and wish to pursue the matter, they must file a
written appeal to the Board of Education with the District Clerk within 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 may be appealed to the Commissioner of Education within 30 days of
the decision.
b. Long Term (more than 5 days) Suspension from School
When the Superintendent or Building Principal determines that a suspension
for more than five days may be warranted, he or she shall give reasonable
noticet
othes
t
udenta
ndt
hes
tudent’spa
r
e
ntsoftheirr
i
g
htt
oafairhe
aring
.
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 proceeding or
may, in his or her decision, 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
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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
that will make its decision based solely upon the record before it. All appeals
to the Board must be in writing and submitted to the District Clerk within 10
businessda
ysoftheda
teoftheSuperintendent’sde
c
i
sion, unlesstheparents
can show that extraordinary circumstances precluded them from doing so.
The Board may adopt in whole or in part the decision of the Superintendent.
Final decisions of the Board 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
whereas
tudent’sc
onductposesal
ife-threatening
danger to the safety and
well being of other students, school personnel or any other person lawfully on
school property or attending a school function.
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 subjected 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 one-year suspension on a case-by-case basis. In
deciding whether to modify the penalty, the Superintendent may consider the
following:
a.
Thes
t
udent’sa
g
e
.
b.
Thes
t
udent’sg
r
a
dei
ns
chool
.
c.
Thes
t
udent’spr
i
ordi
s
c
iplinaryr
e
cord.
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d.
TheSuperintendent’sbe
l
i
eft
hatot
herf
ormsofdisciplinemaybemor
e
effective.
e. Input from parents, teachers and/or others.
f. Other extenuating circumstances.
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 three days. The Superintendent
has the authority to modify the minimum three-day suspension on a case-by-case
basis
3. Students who are repeatedly substantially disruptive of the educational process or
repeatedlys
ubstantiallyi
nterfereswi
tht
het
e
a
c
her’sa
u
t
horityovert
heclassroom.
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 two
days.
The Superintendent has the authority to modify the minimum two-day
suspension on a case-by-case basis.
D. Referrals
1.
PINS Petitions
The district may file a PINS (person in need of supervision) petition in Family
Court on any student under the age of 18 who demonstrates that he or she requires
supervision and treatment by:
a.
Being habitually truant and not attending school as required by part one of
Article 65 of the Education Law
b.
Engaging in an ongoing or continual course of conduct, which makes the
student ungovernable, or habitually disobedient, and beyond the lawful
control of the school.
c.
Knowingly and unlawfully possess marijuana in violation of Penal Law
§221.05. A single violation of §221.05 will be sufficient basis for filing a
PINS petition.
2.
Juvenile Delinquents and Juvenile Offenders
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The Superintendent is required to refer the following students to the Wayne
County Attorney for a juvenile delinquency proceeding before the Family Court.
a.
Any student under the age of 16 who is found to have brought a weapon, as
described by the federal Gun-Free Schools Act of 1994, to school, or
b.
Any student 14 or 15 years old who qualifies for juvenile offender status
under the Criminal Procedure Law.
c. 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, machine-gun or loaded firearm (as defined in § 265.00 of
the Penal Law) on school grounds (as defined in §220.00 (14) of the Penal
Law) qualifies for juvenile offender status under §1.20 of the Criminal
Procedure Law.
X.
Alternative Instruction
When a teacher removes a student of any age from a class 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 that presents a sincere desire to complete his/her high school
education.
XI.
Discipline of Students with Disabilities
The Board of Education recognizes that it may be necessary to suspend, remove or
otherwise discipline students with disabilities to address disruptive or problem behavior.
The Board also recognizes that students with disabilities enjoy certain procedural
protections whenever school authorities intend to impose discipline upon them. The
Board 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.
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This code of conduct affords students 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“ s
uspension” meansas
uspensionpursuantt
oEducationLa
w§3214.
A“re
moval” meansar
emovalf
ordisciplinaryr
e
asonsom
f
r t
hes
t
udent’sc
ur
r
ent
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“ I
AES” meansat
emporarye
ducationalpl
acementf
orape
riodofupt
o45
days
, othert
han t
hes
tudent’scur
r
e
ntpl
acementa
ttheim
t et
hebehavior
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’sc
ur
r
enti
ndividualizede
ducationpr
ogram (IEP), thatwi
lle
nablet
he
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 Board, the District (BOCES) Superintendent of Schools or a Building
Principal 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 non-disabled student would be subject to suspension for the
same behavior.
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,
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c. 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 non-
disabled students would be subject to suspension for the same behavior.
d. The Superintendent may order additional suspensions of not more than 10
consecutive school days in the same school year for separate incidents of
misconduct, as long as those removals do not constitute a change of
placement.
e. 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” meanst
hesa
meas“ dangerouswe
apon” under1 8U.S.C.
§930(g)(w) whichnc
i l
ude“ aweapon, device
, i
nstrument
, materialor
substance, animate or inanimate, that is used for, or is readily capable of
causingdeathorseriousbodily
i
njury
, e
xcept… [for]apocketknifewi
tha
bladeoflesst
ha
n2½i
nchesi
nl
ength.”
(2)
“Controlleds
ubstance” meansadrugorot
he
rs
ubs
tancei
dentifiedn
i
certain provisions of the federal Controlled Substances Act specified in
both federal and state law and regulations applicable to this policy.
(3)
“Illegaldr
ugs” meansac
ontrolleds
ubstancee
xceptf
ort
hos
el
e
ga
lly
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 of any other federal law.
2. 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 placement poses a risk of harm to the
student or others.
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B.
Change of Placement Rule
1. A disciplinary change in placement means a suspension or removal from a
student’sc
ur
r
ente
ducationalac
pl e
me
ntt
ha
ti
se
i
ther
:
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
manifestationofthest
ude
nt’sdi
s
a
bility
, ort
hes
tudenti
splacedi
nanI
AESf
or
behavior involving weapons, illegal drugs or controlled substances.
C.
Special Rules Regarding the Suspension or Removal of Students with
Disabilities
1.
Thedi
strict’sCommitteeonSpecialEducationshall
:
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 in 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
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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.
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’sdi
s
a
bilitya
ndt
hebehaviors
ubjectt
odisciplinarya
c
tionwhenevera
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, 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 Principal or other school official 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 purposes if, upon receipt of information supporting a claim that the
district had knowledge the student was a student with a disability, the district
either:
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(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
non-disabled student who is not a student presumed to have a disability for
discipline purposes shall remain in the educational placement determined by the
district, which can include suspension.
3.
The district 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 student 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.
4.
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
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bifurcated into a guilt 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
CSEhasd
e
terminedt
hatt
hebe
ha
viori
snotamanifestationofthes
t
udent’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.
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 district requests such a hearing to obtain an order of an impartial hearing
officer placing a student with a disability in an IAES where school personnel
maintain that it is dangerous for the student to be in his or 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
s
uchahearingf
r
om adeterminationt
hatt
hestudent’s
behaviorwa
snotama
nifestationofthes
t
udent’sdi
s
a
bility
, orr
e
l
a
tingt
oany
decision regarding placement, including but not limited to any decision to
place the student in an IAES.
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(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
manifestationofthes
t
udent’sdi
s
a
bilityf
oras
t
udentwhoha
sbeenpl
aced
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)
Ifs
c
hoolpe
rsonnelpr
oposeoch
t
a
ngethes
tudent’spl
a
c
ementa
f
ter
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 grant 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.
E. Referral to Law Enforcement and Judicial Authorities
In accordance with the provisions of IDEA and its implementing regulations:
1.
The district 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’spl
a
c
ement
.
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 which a crime is reported.
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XII.
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 district employee 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, teacher, or 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
CommissionerofEducationi
naccordancewi
thCommissioner’sr
e
g
ulations
.
XIII. 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 official authorized to impose a disciplinary penalty on a student may question a
student about an alleged violation of law or the district code of conduct. Students are not
entitledoan
t
ys
ortof“Miranda”-type
warning before being questioned by school
officials
, nora
r
es
c
hoolof
ficialsr
e
quiredt
ocontactas
tudent’spa
r
e
ntbe
forequestioning
the student. However, school officials will tell all students why they are being
questioned.
In addition, the Board authorizes the Superintendent, Principals, Assistant Principals,
Deans, and other authorized district administrators to conduct searches of students and
their belongings if the authorized school official has reasonable suspicion to believe that
the search will result in evidence that the student violated the law or the district code of
conduct
. Ana
ut
horizeds
c
hoolof
ficialma
yc
onductas
earchofas
t
udent’sbe
l
ongings
that is minimally intrusive, such as touching the outside of a book bag, without
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reasonable suspicion, so long as the school official has a legitimate reason for the very
limited search.
Ana
uthorizeds
c
hoolof
ficialma
ys
e
a
r
chas
tudentorthes
t
udent’sbe
l
o
ngings based
upon information received from a reliable informant. Individuals, other than the district
employees, will be considered reliable informants if they have previously supplied
information that was accurate and verified, 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. District employees will be considered reliable
informants unless they are known to have previously supplied information that they knew
was not accurate.
Befores
e
archingas
tudentorthes
t
udent’sbe
l
ongings
, t
hea
uthorizeds
c
hoolof
ficial
should attempt to get the student to admit that he or she possesses physical evidence that
they violated the law or the district code, or get the student to voluntarily consent to the
search. Searches will be limited to the extent necessary to locate the evidence sought.
Whenever practicable, searches will be conducted in the privacy of administrative offices
and students will be present when their possessions are being searched.
A.
Student Lockers, Desks and Other School Storage Places
The rules in this code of conduct regarding searches of students and their belongings
do not apply to student lockers, desks and other school storage places. Students have
no reasonable expectation of privacy with respect to these places and school officials
retain complete control over them. This means that student lockers, desks and other
school storage places may be subject to search at any time by school officials, without
prior notice to students and without their consent.
B.
Strip Searches
A strip search is a search that requires a student to remove any or all of his or her
clothing, other than an outer coat or jacket. If an authorized school official believes it
is necessary to conduct a strip search of a student, the school official may do so only
if the search is authorized in advance by the Superintendent or the school attorney.
The only exception to this rule requiring advanced authorization is when the school
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official believes there is an emergency situation that could threaten the safety of the
student or others.
Strip searches may only be conducted by an authorized school official of the same sex
as the student being searched and in the presence of another district professional
employee who is also of the same sex as the student.
In every case, the school official conducting a strip search must have probable cause
–
not simply reasonable cause
–
to believe the student is concealing evidence of a
violation of law or the district code. In addition, before conducting a strip search, the
schoolof
ficialmustc
onsidert
henatureofthea
l
legedvi
olation, t
hes
t
udent’sa
g
e
, the
student’sr
e
c
orda
ndt
heneedf
ors
uc
has
e
a
r
ch.
Schoolof
ficialswi
lla
t
temptt
onotifyhe
t s
t
udent’spa
r
e
ntbytelephonebe
fore
conducting a strip search, or in writing after the fact if the parent could not be reached
by telephone.
C.
Documentation of Searches
ThePrincipal
orprincipal’sde
s
i
gneeshallberesponsibleforpromptlyrecordingthe
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 item(s) were found).
10. Disposition of items found.
11. Time, manner and results of parental notification.
The
Principalorprincipal’sde
s
i
gneeshall
be responsible for the custody, control and
disposition of any illegal or dangerous item taken from a student. The Principal or
principal’sde
s
i
gneeshall
retain control of the items, unless the items are turned over
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tothepolice. ThePrincipal
orprincipal’sde
s
i
gneeshallberesponsibleforpersonally
delivering dangerous or illegal items to police authorities.
D.
Police Involvement in Searches and Interrogations of Students
District officials are committed to cooperating with police officials and other law
enforcement authorities to maintain a safe school environment. Police officials,
however, have limited authority to interview or search students in schools or at school
functions, or to use school facilities in connection with police work. Police officials
may enter school property or a school function to question or search a student or to
conduct a formal investigation involving students only if they have:
1.
A search or an arrest warrant.
2.
Probable cause to believe a crime has been committed on school property or at
a school function, or
3.
Been invited by school officials.
School officials and police shall cooperate in making diligent efforts to notify parents
of students under sixteen years of age who are going to be or who have been
interviewed by the police as victims or witnesses. The parents do not have to be
present at the questioning of student victims or witnesses, and the questioning of
victims and witnesses shall not be necessarily delayed until the parents have been
notified or are present.
Police questioning of students under sixteen whom they regard as suspects should not
be done without notifying the parents and allowing them to be present. However, the
decision when and how to notify parents shall be made by the police, not school
officials.
It is not necessary to contact the parents prior to police questioning a student sixteen
years of age or older, whether the student is a victim, witness or suspect. It is not
necessary for parents to be present before the interview begins. Police and school
officials shall cooperate to determine when and how the parents of students sixteen
years of age or older will be contacted.
School officials shall defer to police
judgment particularly on contacting the parents of suspects or potential suspects.
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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
Consistentwi
tht
hedi
s
t
rict’sc
ommitmentt
okeeps
t
udentss
a
fef
rom harm and the
obligation of school officials 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
Principalorprincipal’sde
s
i
gnee
.
The Principal or
principal’sde
s
i
gneeshall
set the time and place of the interview. The Principal or
principal’sde
s
i
gneeshall
decide if it is necessary and appropriate for a school official
to be present during the interview, depending on the 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 district official of the opposite sex.
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 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
withoutt
heparent’sc
ons
ent
.
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XIV. Visitors to the Schools
TheBoarde
ncouragespa
rentsa
ndot
he
rdi
s
t
rictti
c
iz
e
nst
ov
isitt
hedistrict’ss
c
hoolsa
nd
classrooms to observe the work of students, teachers and other staff. Since schools are a
place of work and learning, however, certain limits must be set for such visits. The
BuildingPr
incipalorprincipal’sde
s
i
gneei
sresponsiblef
ora
l
lpersonsi
nthebuilding
and on the grounds. For these reasons, the following rules apply to visitors to the
schools:
1. Anyone who is not a regular staff member or student of the school will be considered
a“ visitor
.”
2. All visitors to the school must report to the office of the Principal upon arrival at the
school. Theretheywillberequired
t
osignt
hevi
s
i
tor’sr
e
g
i
stera
ndwlb
i
l ei
ssueda
visitor’si
de
ntificationba
dge
, whichmustbeworna
tallt
i
meswhilei
nthes
c
hoolor
ons
c
hoolg
r
ounds
. Thevi
sitormustr
e
t
urnt
hei
de
ntificationba
dget
othePr
incipal’s
office before leaving the building.
3. Visitors attending school functions that are open to the public, such as parent-teacher
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) and obtain
thepe
rmissionofthePr
incipalorprincipal’sde
s
i
gnee
, s
ot
ha
tclassdi
sruptioni
skept
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 Principal.
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.
XV.
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.
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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 ground 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 the basis of 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. Smoke a cigarette, cigar, pipe or use chewing or smokeless tobacco anywhere on
school grounds.
10. 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.
11. 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.
12. Loiter on or about school property.
13. Gamble on school property or at school functions.
14. Refuse to comply with any lawful order of identifiable school district officials
performing their duties.
15. Willfully incite others to commit any of the acts prohibited by this code.
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16. Violate any federal or state statute, local ordinance or board policy while on
school property or while at a school function.
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
ast
hef
a
c
t
sma
ywarrant
, i
ncludinga
nyoft
hepe
naltiesst
l
ie
di
nt
he“ Penalties”
section of this code of conduct, in 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
§3020-a or any other legal rights that they may have.
4. Staff members 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. Staff members other then 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 district staff that 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 official shall tell the individual that the
conduct is prohibited and attempt to persuade the individual to stop. The school
official shall also warn the individual of the consequences for failing to stop. If the
personr
e
fusest
os
tope
ngagingi
nthepr
ohibitedc
onduct
, ori
ft
hepe
r
s
on’sc
onduct
poses an immediate threat of injury to persons or property, the designated school
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official 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 staff member, as
appropriate
, witht
he“ Penalties” s
ectiona
bove
. I
na
ddi
tion, t
hedi
strictr
e
s
ervess
i
t
right to pursue a civil or criminal legal action against any person violating the code.
XVI. Dissemination and Review
A.
Dissemination of Code of Conduct
The Board will work to ensure that the community is aware of this code of conduct
by:
1. Providing copies of a summary of the code to all students at a general assembly
held at the beginning of each school year.
2. 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 staff members with a copy of the code
and a copy of any amendments to the code 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 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 each school building, where it will be available for review by
any individual.
The Board will sponsor an in-service education program for all district staff members
to ensure the effective implementation of the code of conduct. The Superintendent
may solicit the recommendations of the district staff, particularly teachers and
administrators, regarding in-service programs pertaining to the management and
discipline of students.
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The Board of Education will review this code of conduct every year and update it as
necessary. In conducting the review, the Board will consider how effective the
code’spr
ovisionsha
vebeen
and whether the code has been applied fairly and
consistently.
The Board may appoint an advisory committee to assist in reviewing the code and the
district’sr
e
s
ponset
ocodeofconductvi
olations
. Thec
ommitteewi
llbemadeupof
representatives of student, teachers, administrator, and parent organizations, school
safety personnel and other school personnel.
Before making any revisions to the code, the Board will hold at least one public
hearing at which school personnel, parents, students and any other interested party
may participate.
The code of conduct and any amendments to it will be filed with the Commissioner of
Education no later than 30 days after adoption.
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