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New Hyde Park-Garden City Park Union Free School District District | Code of Conduct

Code of Conduct

 

 

INTRODUCTION

 

The Board of Education (“Board”) is committed to providing a safe and orderly school environment where students may receive and District personnel may deliver quality educational services without disruption or interference. Responsible behavior by students, teachers, other District personnel, parents and other visitors is essential to achieving this goal.

 

In accordance with the Dignity for All Students Act (“DASA”), a comprehensive Bullying Prevention Program focusing on positive student behavior and a safe and supportive school climate has been written and implemented, and is explained in plain age appropriate language on an annual basis at a school assembly held at the beginning of each school year. Posting of the complete Code of Conduct including any annual updates can be found on District’s website and a Code of Conduct will be presented to the parents at the beginning of each school year.

 

The District has a long-standing set of expectations for conduct on school property and at school functions. These expectations are based on the principles of civility safety, 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 (“Code”).

 

Unless otherwise indicated, this Code applies to all students, District personnel, parents and other visitors when on school property, off campus when it can be reasonably expected to materially and substantially disrupt the educational process of the school environment, or attending a school function.

 

DEFINITIONS

 

For purposes of this Code, the following definitions apply.

 

“Alcohol” includes ethyl alcohol and ethanol and is the intoxicating ingredient found in beer, wine, and liquor. Alcohol is produced by the fermentation of yeast, sugars, and starches. It is a central nervous system depressant that is rapidly absorbed from the stomach and small intestine into the bloodstream.

 

“Alcohol Containing Products” includes beer, wine, liquor, commercially or prepared or homemade products. Alcohol Containing Products can also be prescription or non-prescription products such as cough syrup or mouth wash. Alcohol Containing Products can be in liquid or solid, or un-diluted form (Palcohol).

 

Bullying” is defined as a hostile activity which harms or induces fear through the threat of further aggression and/or creates terror. This Code of Conduct uses the term bullying (which is

 

usually subsumed under the term “harassment”) to describe a range of misbehaviors including, but not limited to, harassment, hazing, intimidation or discrimination. Bullying is unwanted, aggressive behavior that involves a real or perceived power imbalance. The behavior is repeated, or is reasonably likely to be repeated, over time. Bullying includes actions such as making threats, spreading rumors, attacking someone physically or verbally and excluding someone from a group on purpose. Bullying can occur both during school hours and outside of the school day and on or off should property.

 

“Cyber Bullying” is defined as any harassment that occurs via the Internet, cell phones or other devices or when communication technology is used to intentionally harm others through hostile behavior such as sending text messages and posting derogatory comments on the Internet.

 

The National Crime Prevention Council defines cyber bullying as “the process of using the Internet, cell phones or other devices to send or post text or images intended to hurt or embarrass another person.”

 

Cyber bullying could be limited to posting rumors or gossips about a person on the Internet bringing about hatred in other’s minds; or it may go to the extent of personally identifying victims and publishing materials severely defaming and humiliating them.

 

Cyber bullying can take many forms. The following are just a few examples:

 

  • Making fun of another user in an Internet chat room. Harassing a user over an

instant messaging session.

  • Posting inappropriate messages on a user's Facebook or Instagram page or any similar social networking
  • Circulating rumors about someone on social networking
  • Publishing lewd comments about another person on a personal blog.
  • Posting unflattering pictures of another user on the
  • Spamming another user with unwanted e-mail messages.
  • Sending threatening or provocative e-mails.
  • Repeatedly calling another person's cell
  • Sending unsolicited text messages to another
  • Spoofing email or social media accounts by creating “false” accounts in another person’s
  • Spoofing caller ID or disposable email addresses to create false messages or misdirected
  • Email bombs or text

 

"Disruptive student" means an elementary student who is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom.

 

“Hazing” is defined as committing an act against a student or coercing a student into committing an act that creates a risk of emotional, physical or psychological harm to a person, as a precondition for the student to be initiated into or affiliated with a student organization, or for any other comparable improper purpose.

 

The term “hazing” includes, but is not limited to:

 

  1. Any humiliating, degrading or dangerous activity demanded of a student to join a group, regardless of the student’s willingness to participate, that has the potential to endanger the mental or physical health or safety of that student.
  2. Any hurtful, aggressive, destructive or disruptive behavior that subjects a student to risk of harm or that adversely affects the mental or physical health or safety of that
  3. Recruiting for new or potential members, sharing or distributing leaflets or other information about group, taking any action on School Property or at a School Function that would be considered a step toward acceptance or membership in the prohibited

 

“Harassment” is defined as the creation of a hostile environment by conduct or by threats (the term “threats” includes verbal and non-verbal actions), intimidation or abuse that: (i) has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits or mental, emotional or physical well-being; (ii) reasonably causes or would reasonably be expected to cause harm to a student or reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; (iii) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment. Such conduct, threats, intimidation or abuse include but are not limited to conduct, verbal threats, intimidation or abuse based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.

 

“Illegal Substance” is defined as inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, bath salts, any substances commonly referred to as “designer drugs,” synthetic cannabis, similar classifications of supplements or chemical compositions not intended or approved for human consumption, and prescription medications possessed or consumed by an individual for whom no prescription has been issued.

"Parent" means parent, guardian or person in parental relation to a student.

"School property" means in or within any building, structure, athletic playing field,

playground, parking lot or land contained within the real property boundary line of a public elementary school, or in or on a school bus, as defined in Vehicle and Traffic Law §142.

 

"School function" means any school-sponsored extra-curricular event or activity on or off School Property approved or sanctioned by the District.

 

“Sexting/Sex Texting” is defined as the slang term for the use of a cell phone or other similar electronic device to distribute pictures or video of sexually explicit images. It can also refer to text messages of a sexually-charged nature. The transmission or retransmission of even a single photo or videotape, the content of which may be considered pornographic or child pornography is subject to school or criminal sanctions.

“Tobacco” is defined as cigarettes, cigars, pipes, chewing or smokeless tobacco, electronic cigarettes and cigars, snuff, hookah, and herbal cigarettes.

 

“Vapor Delivery Devices” are defined as e-cigarettes, e-cigars, atomizers and cartomizers. "Violent student" means a student who:

  1. Commits an act of violence upon a school employee, or attempts to do
  2. Commits, while on school property or at a school function, an act of violence upon another student or any other person lawfully on school property or at the school function, or attempts to do
  3. Possesses, while on school property or at a school function, a
  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, to commit an act of violence or
  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 District
  8. Knowingly and intentionally damages personal property of another person who is on School Property or a School

“Visitor” means anyone who is not a regular staff member or student of the school. "Weapon" means a firearm as defined in 18 U.S.C. § 921 for purposes of the

Gun-Free Schools Act. It also means any other gun, BB gun, pistol, revolver,

shotgun, rifle, machine gun, disguised gun, dagger, dirk, razor, stiletto, switchblade knife, gravity knife, brass knuckles, sling shot, metal knuckle knife, box 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 physical injury or death when used to cause physical injury or death.

 

DIGNITY FOR ALL STUDENTS ACT AND RELATED DEFINITIONS

 

The Dignity for All Students Act provides public elementary students with a safe and supportive environment free from discrimination, intimidation, taunting, harassment, and bullying on School Property, on a school bus and/or at a school function. Required updates to reflect the Dignity for All Students Act have been incorporated into Board Policies and the Code of Conduct. The Dignity for All Students Act took effect on July 1, 2012.

 

“Disability” is defined as (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the

term will be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held.”

 

“Discrimination” is defined as the act of denying rights, benefits, justice, equitable treatment or access to an individual or to a group of people because of the group, class or category to which that person belongs.

 

“Gender” is defined as actual or perceived sex, and a person’s gender identity or expression.

 

“Gender Expression” is defined as the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyle, activities, voice or mannerisms.

 

“Gender Identity” is defined as one’s self-conception as being male or female, as distinguished from actual biological sex or sex assigned at birth.

“Protective hairstyles” includes, but is not limited to, such hairstyles as braids, locks and twists.“Race” includes traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.

 

“School Bus” is defined as any motor vehicle a) owned by a public or governmental agency or private school and operated for the transportation of pupils, children of pupils, teachers and other person acting in a supervisory capacity, to or from school or school activities, or, b) privately owned and operated-for-compensation for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities.

 

“Sexual Orientation” is defined as actual or perceived heterosexuality, homosexuality or bisexuality.

STUDENT RIGHTS AND RESPONSIBILITIES

 

The Board of Education assures District students that they will have all the rights afforded them by federal and state constitutions and statutes. The District recognizes all federal, state and local laws in connection with these rights, and reminds students that certain responsibilities accompany these rights.

 

The District’s aim is to provide an environment in which a student’s rights and freedoms are respected, and to provide opportunities which stimulate and challenge the student’s interests and abilities to his or her highest potential. These opportunities will be available as long as the student pursues these interests and studies in an appropriate manner and does not infringe upon the rights of others.

 

A. Student Rights

 

The District is committed to safeguard the rights given to all students under state and federal law. In addition, to promote a safe, healthy, orderly and civil school environment, all District students have the right to have a safe, healthy, orderly and courteous school environment.

 

All students also have the right to:

 

  1. Take part in all District activities on an equal basis in accordance with the provisions of
  2. Present their version of the relevant events to school personnel authorized to impose disciplinary penalty in connection with the imposition of the
  3. Access school rules and when necessary, receive an explanation of those rules from school
  4. Students who make a complaint or participate in the investigation of a complaint, who have acted reasonably and in good faith, have the right to be free from retaliation of any

 

DASA provides that no student will be subject to harassment or discrimination by employees or students on school property, or at a school function based on their actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.

 

B. Student Responsibilities

 

All District students have the responsibility to:

 

  1. Contribute to maintain a safe and orderly school environment that is conducive to learning and to show respect to other persons and
  2. Be familiar with and abide by all District policies, rules and regulations dealing with student conduct, including, but not limited to, the Code of Conduct and
  3. Report when others engage in behaviors that violate the Code of
  4. Attend school every day unless they are legally excused, and to be in class, on time, and prepared to
  5. Work to the best of his or her ability in all academic and extracurricular pursuits and strive toward the highest level of achievement
  6. React to direction given by teachers, administrators, and other school personnel in a respectful, positive
  7. Work to develop mechanisms to control their
  8. Ask questions when they do not
  9. Seek help in solving problems that might lead to discipline
  10. Dress appropriately for school and school
  11. Accept responsibility for their
  12. 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
  13. Be forthcoming with information concerning violations of the Code, or threats against the school staff or
  14. Adhere to existing school policies related to electronic

 

RESPONSIBILITIES OF ESSENTIAL PARTNERS

 

A. Parents

 

All parents are expected to:

 

  1. Recognize that the education of their child(ren) is a joint responsibility of the parents and the school
  2. Send their children to school ready to participate and
  3. Ensure their children attend school
  4. Ensure absences are
  5. Insist their children be dressed and groomed in a manner consistent with the student dress
  6. Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly
  7. Know school rules and help their children understand
  8. Convey to their children a supportive attitude toward education and the
  9. Build good relationships with teachers, other parents and their children's
  10. Help their children deal effectively with peer
  11. Inform school officials of changes in the home situation that may affect student conduct or
  12. Provide a place for study and ensure homework assignments are
  13. Arrive on time and/or pick up children promptly at the end of the
  14. Seek help from school and community agencies to assist child in dealing with a problem.
  15. Inform the school of any situation in the community that may affect the child’s behavior in
  16. Communicate information concerning violations of the

 

B. Teachers

 

All District teachers are expected to:

 

  1. Maintain a climate of mutual respect and dignity, which will strengthen students' self- concept and promote confidence to
  2. Be prepared to
  3. Demonstrate interest in teaching and concern for student
  4. Know school policies and rules, and enforce them in a fair and consistent
  5. Communicate to students:
    1. Course objectives and
    2. Marking/grading
    3. Assignment
    4. Expectations for
    5. Classroom discipline
  6. Communicate regularly with students, parents and other teachers concerning growth and

 

  1. Address issues of harassment or any situation that threatens the emotional or physical health or safety of any students in accordance with District policies and
  2. Report violent students to the building

 

C. Principals

 

All Principals are expected to:

 

  1. Promote a safe, orderly and stimulating school environment, supporting active teaching and
  2. Ensure that students have the opportunity to communicate regularly with the Principal and approach the Principal for redress of
  3. Evaluate on a regular basis all instructional
  4. Be responsible for enforcing the Code of Conduct and ensuring that all cases are resolved promptly and
  5. Address issues of harassment or any situation that threatens the emotional or physical health or safety of any students in accordance with District policies and

 

D. Superintendent

 

The Superintendent is expected to:

 

  1. Promote a safe, orderly and stimulating school environment, supporting active teaching and
  2. Review with District administrators the policies of the Board of Education and state and federal laws relating to school operations and
  3. Inform the Board about educational trends relating to student
  4. Work to create instructional programs that minimize problems of misconduct and are sensitive to student and teacher
  5. Work with District administrators in enforcing the Code of Conduct and ensuring that all cases are resolved promptly and
  6. Ensure the Code is available and easily accessible to all
  7. Address issues of harassment or any situation that threatens the emotional or physical health or safety of any students in accordance with the District policies and

 

E. Board of Education

 

The Board of Education is expected to:

 

  1. Collaborate with student, teacher, administrator, and parent organizations, school safety personnel and other District 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
  2. Review and adopt at least annually the District's Code of Conduct to evaluate the Code's effectiveness and the fairness and consistency of its implementation and have the Health, Safety and Security Committee review at least

 

  1. Lead by example by conducting Board meetings in a professional, respectful, courteous manner.
  2. Be forthcoming with information concerning violations of the Code. If an individual board member becomes aware of information concerning a violation of the Code, he or she will report such violation to the Principal of the school building where the violation took
  3. Address issues of harassment or any situation that threatens the emotional or physical health or safety of any students in accordance with the District policies and

 

F. Dignity Act Coordinator

 

The Dignity Act Coordinator is expected to:

 

  1. Promote a safe, orderly and stimulating school environment, supporting active teaching and learning for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or
  2. Oversee and coordinate the work of the District-wide and building-level bullying prevention
  3. Identify curricular resources that support infusing civility in classroom instruction and provide guidance to staff as to how to access and implement those
  4. Coordinate, with the Professional Development Committee, training in support of the bullying prevention
  5. Be responsible for monitoring and reporting on the effectiveness of the District’s bullying prevention
  6. Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on School Property or at a School
  7. Address personal biases that may prevent equal treatment of all students and

 

The District’s DASA Coordinators are:

 

Amy Sullivan, Principal Garden City Park School 516-434-2390 Beth Torreano, Principal Hillside Grade School 516-434-2410 Jane Ruthkowski, Principal Manor Oaks School 516-434-2350

Kim LaRegina, Principal New Hyde Park Road School 516-434-2370

 

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 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, make-up, and nails, will:

 

  1. Be safe, appropriate and not substantially disrupt or materially interfere with the educational
  2. Recognize that extremely brief garments and see-through garments are not Provate areas must be covered with opague material.
  3. Ensure underwear is completely covered with outer
  4. Include footwear at all times. Footwear that is a safety hazard will not be
  5. Not include the wearing of hats in the classroom, except at building level discretion, or for a medical or religious
  6. Not include items that are vulgar, obscene, libelous, or denigrate others on account of race, color, religion, religious beliefs, weight, ethnic group creed, national origin, gender, sexual orientation or
  7. Not promote and/or endorse the use of alcohol, tobacco or illegal drugs and/or encourage other illegal or violent

 

Each Building Principal or his/her designee will 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.

 

Nothing in this policy will be construed to limit the ability of students to express their gender identity through clothing, jewelry, makeup or nail color/styles, or to displine for doing so.  Likewise, nothing in this policy will be construed to restrict students from wearing hairstyles as a trait historically associated with race (such as hair texture and protective hairstyles), or to discipline them for doing so.

 

Students who violate the student dress code will 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 will 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 will be subject to further discipline, up to and including out of school suspension.

 

PROHIBITED STUDENT CONDUCT

 

The Board of Education expects all 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 when necessary and to place emphasis on the students’ ability to grow in self-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, but not limited to:

 

  1. Running in
  2. Making unreasonable
  3. Using language or gestures that are profane, lewd, vulgar or
  4. Obstructing vehicular or pedestrian
  5. Engaging in any willful act which disrupts the normal operation of the school community.
  6. 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.
  1. Computer/electronic communications misuse, including any unauthorized use of computers, software, or internet/intranet account; accessing inappropriate websites; or any other violation of the District’s acceptable use
  2. Engaging in or encouraging electronic cyberbullying, such as inappropriate posting on social media sites, inappropriate text messages or any other electronic communications that may present a disruption to the normal operation of the
  3. Engage in

 

B. Engage in conduct that is insubordinate. Examples of insubordinate conduct include, but are not limited to:

 

  1. Failing to comply with the reasonable directions of teachers, school administrators or other school employees in charge of students or otherwise demonstrating
  2. Lateness for, missing or leaving school without
  3. Skipping

 

C. Engage in conduct that is disruptive. Examples of disruptive conduct include, but are not limited to failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of

 

D. Engage in conduct that is violent. Examples of violent conduct include, but are not limited to:

 

  1. Committing an act of violence (such as hitting, kicking, punching and scratching) upon a teacher, administrator or other employee or attempting to do
  2. Committing an act of violence (an act of violence, includes but is not limited to kicking, punching and scratching) upon another student or any other person lawfully on District property or attempting to do
  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 school function.
  4. Displaying what appears to be a
  5. Threatening to use any
  6. Intentionally damaging or destroying the personal property of a student, teacher, administrator, other District employee or any person lawfully on school property, including graffiti or
  7. Intentionally damaging or destroying District

 

E. Engage in any conduct that endangers the safety, morals, health or welfare of Examples of such conduct include, but are not limited to:

 

  1. Lying to school
  2. Stealing or attempting to steal the property of other students, school personnel or any other person lawfully on school property or attending a school
  3. Defamation, which includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning
  4. Discrimination, which includes the use of race (including traits historically assocaited with race, such as hair texture and protective hairstyles), color, creed, national origin, religion, religious beliefs, weight, ethnic group gender, sexual orientation or disability as a basis for treating another in a negative
  5. Harassment, bullying, or cyber bulling which includes a sufficiently severe action or 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
  6. Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily
  7. 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, club or
  8. Selling, using or possessing obscene
  9. Cyberbullying, including, but not limited to the use of e-mail, instant message, blogs, chat rooms, pagers, cell phones and gaming systems, to deliberately harass, threaten or intimidate
  10. Selling or possessing obscene material in print or digital
  11. Using vulgar or abusive language, cursing or
  12. Smoking and/or possessing a cigarette, electronic cigarette (including the cartridge or pod), vape pens, vape mods, cigar, pipe or using or possessing chewing or smokeless
  13. Possessing, consuming, selling, distributing or exchanging alcoholic beverages or illegal substances, or being under the influence of either. "Illegal substances" include, but are not limited to, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, and any substances commonly referred to as "designer drugs."
  14. Inappropriately using, sharing, or possessing without permission prescription or over- the-counter
  15. Using, selling or possessing drug
  16. Gambling
  17. Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent
  18. Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire
  19. Posting private or public threats on the internet or other electronic means against any other student or member of the administration, faculty or staff of the New Hyde Park-Garden City Park Union Free School
  20. Participating in, watching, recording or electronically transmitting any inappropriate content, including, but not limited to,
  21. Retaliation against those who report or participate in the investigation of an incident.

 

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

 

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

 

H. Engage in off-campus misconduct that endangers the health and safety of students or District personnel within the District and adversely affects the educational

 

REPORTING VIOLATIONS

 

All students are expected to promptly report violations of the Code of Conduct to a teacher, the Building Principal or his or her designee. Any student observing a student possessing a weapon, alcohol or illegal substance on School Property or at a School Functions will report this information immediately to a teacher, the Principal, the Principal’s designee or the Superintendent of Schools.

 

All District staff that are authorized to impose disciplinary sanctions are expected to do so in a prompt, fair and lawful manner. District staff who are not authorized to impose disciplinary sanctions are expected to promptly report violations of the Code of Conduct to their supervisor, who will in turn impose an appropriate disciplinary sanction, if so authorized, or refer the matter to a staff member who is authorized to impose an appropriate sanction.

 

Any weapon, alcohol or illegal substance found will be confiscated immediately, if possible. Notification will be made to the parent of the student involved and the appropriate disciplinary sanction will be taken, which may include permanent suspension and referral for prosecution.

 

The Principal or his/her designee may notify the appropriate local law enforcement agency of those Code violations that constitute a crime and substantially affect the order or security of a

 

school as soon as practical, but in no event later than the close of business the day the Principal or his/her designee learns of the violation. The notification may be made by telephone, followed by a letter mailed on same day as the telephone call is made. The notification must identify the student and explain the conduct that violated the Code of Conduct and constituted a crime.

 

DISCIPLINARY PENALTIES, PROCEDURES AND REFERRALS

 

Disciplinary action, when necessary, will be firm, fair and consistent in order to be most effective in changing behavior. When determining the appropriate disciplinary action, school personnel authorized to impose discipline penalties will consider the following:

 

  1. The student’s age
  2. The nature of the offense and the circumstances which led to the
  3. The student’s prior disciplinary
  4. The effectiveness of other forms of
  5. Information from parents, teachers, and/or others, as
  6. Other extenuating

 

Any staff member observing a violation of this policy by students will report the incident immediately to the building principal or his/her designee. The principal or his/her designee will then take immediate action to stop any further prohibited conduct and confiscate any contraband.

 

If the student is found to have committed the violation of which he/she is accused, the principal will impose the penalties listed below either alone or in combination. The principal will take into consideration all relevant factors in determining the appropriate penalty.

 

A. Penalties

 

The range of penalties, which may be imposed for violations of the student disciplinary Code, include the following:

 

  1. verbal warning;
  2. written warning;
  3. written notification to parent(s) or guardian(s);
  4. probation;
  5. reprimand;
  6. detention;
  7. suspension from transportation;
  8. suspension from social or extracurricular activities;
  9. suspension of other privileges;
  10. removal from classroom by teacher;
  11. suspension for five days or less;
  12. suspension for more than five days by the Superintendent or Board of Education.

 

In addition, if a criminal offense has been committed, police involvement may become necessary.

 

The District will, when reporting a crime committed by a student, who has been classified as a student with a disability, transmit a copy of the student’s special education and disciplinary records for consideration by the appropriate law enforcement authorities to whom it has reported the crime, but such transmittal must be consistent with the Family Educational Rights and Privacy Act (FERPA).

 

The Superintendent will refer any student who has been determined to have brought a firearm to school to the appropriate law enforcement and/or Family Court authorities.

 

Students who willfully destroy, damage, or deface school property will be subject to prosecution to the fullest extent possible under the law. Students, who damage school property, and/or their parents or guardian, will reimburse the District for the value of the damaged property up to the limit allowed by law.

 

The District will use the Family Court (for example, Person in Need of Supervision Petition, Family Case Management Program) to ensure compliance with compulsory education laws in cases of chronic truancy.

 

B. Procedures

 

  1. Academic Misconduct

In addition to the penalties listed above, a student who is found guilty of academic misconduct may receive no credit for the project, test or course to which the misconduct related.

  1. Detention

The District will provide transportation to detained students who are otherwise entitled to District transportation under Board Policy.

 

C. 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 only after the student’s parent has been notified to confirm that there is no parental objection to the penalty and the student has appropriate transportation home following a detention.

 

D. 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 Principal’s attention. Students who become serious disciplinary problems may have their riding privileges suspended by the Building Principal or the Superintendent or their designees.

 

If a student’s bus riding privileges are suspended, the student’s parent will become responsible for seeing that the student 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.

 

Prior to the suspension of a student’s bus riding privileges, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the Building Principal or the Building Principal’s designee to discuss the conduct and the penalty involved.

 

E. Suspension From Social or Extracurricular Activities or Other Privileges

 

The Building Principal, Superintendent, or director of the activity may suspend a student from participation in a social or extracurricular activity or suspend a student’s other privileges. Prior to the suspension, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the Building Principal, Superintendent, or director of the activity to discuss the conduct and the penalty involved.

 

F. Out-of-School Suspension

 

The Board, the Superintendent and the Principal(s) will have the power to suspend a student who, in their judgment, is insubordinate, disorderly, violent or whose conduct endangers the safety, morals, health or welfare, or whose physical or mental condition endangers the health, safety or morals of himself/herself or of others for periods not to exceed five school days. The Board and/or Superintendent may also suspend such students for more than five (5) days. If after the investigation and student conference, the Principal determines that suspension is the most appropriate penalty, then the suspension will be imposed utilizing the procedures specified within applicable federal and state law and regulation.

 

A student of compulsory attendance age will be offered alternative instruction appropriate to his/her individual needs in the event that he/she is suspended from regular instruction.

 

Suspensions for up to five (5) days may be ordered by the building principal, the Superintendent or the Board of Education. Where a student is suspended from attendance for a period of five (5) days or less, the appropriate District official will immediately notify the student orally and will immediately notify the parents or persons in parent relation in writing that the pupil has been suspended from school. Written notices will be provided by personal delivery, express mail delivery, or equivalent means reasonably calculated to assure the receipt of such notice within 24 hours of suspension at the last known address or addresses of the parents or persons in parental relation. Where possible, notification will also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting the parents or persons in parental relation.

 

The notice to the parents or persons in parental relation will provide a description of the incident(s) which resulted in the suspension and will inform the pupil, parents and/or persons in parental relation to their right to request an immediate informal conference with the principal or appropriate school official in accordance with the provisions of the Education Law Section 3214(3)(d). A parent or person in parental relation requesting an informal conference with the principal will be afforded the opportunity to ask questions at a conference of complaining

 

witnesses. The notice to the parents and/or persons in parental relation and the informal conference will be in the dominant language or mode of communication used by the parents or persons in parental relation to the suspended pupil.

 

F(a). Suspension of Five Days or Less

 

Suspensions for up to five (5) days may be ordered by the building principal, the Superintendent of Schools or the Board of Education after the pupil has received oral or written notice of the charges against him/her.

 

  1. If a suspension of five days or less is determined to be the appropriate form of disciplinary action, the Principal will immediately notify the student orally or in writing. If the student denies the misconduct, the suspending authority must provide an explanation of the basis for the proposed
  2. The Principal must also notify the student’s parents in writing that the student may be suspended from school. The written notice will be provided by personal delivery, express mail delivery, or equivalent means reasonably calculated to assure receipt of the notice within 24 hours of the suspension at the last known address(es) to the parent(s) or guardian(s). The principal will also take steps to notify the parent or guardian by telephone of the suspension. The notice will provide a description of the charges against the student, and the incident(s) which resulted in the suspension, and will inform the parent(s) or guardian(s) of their right to request an immediate informal conference with the Principal. Both the notice and informal conference will be in the dominant language or mode of communication used by the parent(s) or guardian(s).
  3. The notice and opportunity for the informal conference must 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 a continuing danger or threat of disruption, the notice and opportunity for an informal conference must take place as soon after the suspension as is reasonably
  4. At this conference, if requested, the parent(s) or guardian(s) will be permitted to ask questions of complaining witnesses under such procedures as may be established by the Principal. After the conference, the Principal will promptly advise the parent(s) or guardian(s) of his/her decision and that they may appeal the decision to the Superintendent of Schools within thirty (30) calendar days, unless they can show extraordinary circumstances precluding them from doing so. The superintendent will issue a written decision regarding the appeal within ten (10) business days of receiving the appeal. If the parents are not satisfied with the superintendent’s decision, they may file a written appeal to the Board of Education with the District Clerk within 30 business days of the date of the Superintendent’s decision, unless it can be shown that extraordinary circumstances precluded the filing within 30 calendar
  5. The Principal will notify the Superintendent of the name of each student suspended, the reason for the suspension, the evidence supporting the suspension, and the length of the suspension.

 

F(b). Suspensions of More than Five Days

 

Suspension for more than five (5) days may be ordered by the Superintendent of Schools or the Board of Education, but only after the pupil and his parents will have had an opportunity for a fair hearing upon reasonable notice.

 

  1. If the Principal determines that a suspension of more than five days is warranted he/she will refer the case to the Superintendent. If the Superintendent agrees with the determination of the Principal, the Superintendent will give reasonable notice to such student and the parent(s) or guardian(s) of their right to a fair hearing and of the charges against the
  2. The charges in the notice will be sufficiently specific to advise the student and his/her counsel of the incidents which have given rise to the proceeding and will form the basis for the
  3. If the student or his/her parent(s) or guardian(s) request a hearing, the Superintendent may personally hear and determine the proceeding or may, in his/her discretion, designate a hearing officer to conduct the hearing. The Superintendent/hearing officer will be authorized to administer oaths and to issue subpoenas in conjunction with the proceeding before him/her.
  4. At the hearing, the student will have the right:
    • to have his/her parent(s) or guardian at the hearing;
    • to representation by counsel;
    • to question witnesses against him/her;
    • to testify on his/her behalf; and
    • to present other witnesses and evidence on his/her

 

A record of the hearing will be maintained, but no stenographic transcript will be required and a tape recording will be deemed a satisfactory record.

 

  1. The Superintendent will make a determination of guilt or innocence based on competent and substantial evidence that the student participated in the conduct of which he/she is accused. Thereafter, upon the finding of guilt, the Superintendent will determine the penalty to be imposed. In assessing the penalty, the Superintendent may consider the student’s anecdotal record provided the parent(s) or guardian(s) have been notified of the District’s intent to offer the anecdotal record for consideration on the issue of the penalty to be assessed. The parent(s) or guardian(s) will be offered the opportunity to review and rebut the contents of the student’s anecdotal records prior to the assessment of a
  2. If the hearing is presided over by a hearing officer, he/she will make findings of fact and recommendations as to the appropriate measure of discipline to the The report of the hearing officer will be advisory only, and the Superintendent may accept all or any part thereof.
  3. Any appeal of the decision of the Superintendent will be made to the Board of Education which will make its decision solely upon the record before it. All appeals to the Board of Education must be in writing and submitted to the District Clerk within 30 calendar days of the date of the Superintendent’s decision, unless the parents can show extraordinary circumstances precluded them from doing so. The Board may adopt in whole or in part the decision of the
  4. The decision of the Board may be appealed to the Commissioner of Education within 30 calendar days of the

 

G. Teacher Disciplinary Removal of Disruptive Students

 

A student's behavior can affect a teacher's ability to teach and can make it difficult for other students in the classroom to learn. In most instances the classroom teacher can control a student's behavior and maintain or restore control 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 "time out" in a classroom or in an administrator's office; (2) sending a student to the Principal's office for the remainder of the class time only; or (3) sending a student to an appropriate District staff member for counseling. Time-honored classroom management techniques such as these do not constitute disciplinary removals for purposes of this Code.

 

On occasion, a student's behavior may become disruptive. For purposes of this Code of Conduct, 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 substantial disruption of the educational process or substantial interference with a teacher's authority occurs when a student demonstrates a persistent unwillingness to comply with the teacher's instructions or repeatedly violates the teacher's classroom behavior rules.

 

A classroom teacher may remove a disruptive student from class for up to two days. The removal from class applies to the class of the removing teacher only.

 

If the disruptive student does not pose a danger or ongoing threat of disruption to the academic process, the teacher must provide the student with an explanation for why he or she is being removed and an opportunity to explain his or her version of the relevant events before the student is removed. Only after the informal discussion may a teacher remove a student from class.

 

If the student poses 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 a version of the relevant events within 24-hours.

 

The teacher must meet with the Principal or his or her designee 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 removal form. If the Principal or designee is not available by the end of the same school day, the teacher must meet with the Principal or designee prior to the beginning of classes on the next school day.

 

Within 24 hours after the student's removal, the Principal or another District administrator designated by the Principal 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 Principal or the Principal's designee to discuss the reasons 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 within 24 hours of the student's removal at the last known address for the 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's designee must explain why the student was removed and give the student and the student's parents a chance to present the student's version of the

relevant events. The informal meeting must be held within 48 hours of the student's removal. The timing of the informal meeting may be extended by mutual agreement of the parent and Principal.

 

The Principal or the Principal's designee may overturn the removal of the student from class if the Principal finds any one of the following:

 

  1. The charges against the student are not supported by substantial
  2. The student's removal is otherwise in violation of law, including the District’s Code of Conduct.
  3. The conduct warrants suspension from school pursuant to Education Law
  • 3214 and a suspension will be imposed.

 

The Principal or his/her designee may overturn a removal at any point between receiving the referral form issued by the teacher and the close of business on the day following the 48-hour period for the informal conference, if a conference is requested. 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.

 

Any disruptive student removed from the classroom by the classroom teacher will be offered continued educational programming and activities until he or she is permitted to return to the classroom.

 

The Principal must keep a log of all removals of students from class.

 

Removal of a student with a disability, under certain circumstances, may constitute a change in the student's placement. Accordingly, no teacher may remove a student with a disability from the class until he or she has verified with the Principal or the chairperson of the Committee on Special Education that the removal will not violate the student's rights.

 

H. Minimum Periods of Suspension

 

  1. One Year Suspension For Possession Of a Weapon

 

Any student found guilty of bringing a weapon onto school property or at a school function, after a hearing has been provided pursuant to Education Law § 3214 will be subject to suspension from school for at least one calendar year. A student with a disability may only be suspended in accordance with federal and state law.

 

However, after the penalty has been determined, the Superintendent will review the penalty and may modify such suspension on a case-by-case basis. If the Superintendent believes a one-year suspension penalty to be excessive, she/he may modify the penalty based on criteria including but not limited to:

 

  1. The age of the student;
  2. The student’s grade in school;
  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, teachers and/or others; and
  6. Other extenuating

 

  1. 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, will be subject to suspension from school for at least five days. If the proposed penalty is the minimum five- day suspension, the student and the student's parent will be given the same notice and opportunity for an informal conference given to all students subject to a short-term 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 hearing given to all students subject to a long-term suspension. The Superintendent has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

 

  1. Students Who Are Repeatedly Substantially Disruptive of the Educational Process or Repeatedly Substantially Interferes With the Teacher's Authority Over The Classroom

 

Any student, other than a student with a disability, who repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom will be suspended from school for at least five days. For purposes of this Code of Conduct, “repeatedly is substantially disruptive” means engaging in conduct that results in the student being removed from the classroom by teacher(s) pursuant to Education Law § 3214 (3-a) and this Code on four or more occasions during a semester. If the proposed penalty is the minimum five-day suspension, the student and the student's parent will be given the same notice and opportunity for an informal conference given to all students subject to a short-term 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 hearing given to all students subject to a long-term suspension. The Superintendent has the authority to modify the minimum five-day suspension on a case-by- case basis. In deciding whether to modify the penalty, the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

 

RECORD KEEPING

 

A proper and accurate record of each student’s disciplinary profile will be maintained for all incidents.

 

REFERRALS

 

  1. Counseling

 

The Principal will handle all referrals of students for counseling.

 

  1. PINS Petition

 

The District may file a Person In Need of Supervision (PINS) petition in Family Court on any student 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

b. Engaging in an ongoing or continual course of conduct which makes the student ungovernable, or habitually disobedient and beyond the lawful control of the school.

c. Knowingly and unlawfully possesses marijuana in violation of Penal Law § 221.05. A single violation of § 221.05 will be a sufficient basis for filing a PINS

 

  1. Juvenile Delinquents and Juvenile Offenders

 

The Superintendent is required to refer any student bringing a weapon onto school property or at a school function to the County Attorney for a juvenile delinquency proceeding before the Family Court.

 

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 entitled to any sort of "Miranda"-type warning before being questioned by school officials, nor are school officials

required to contact a student's parent before questioning the student. However, school officials will tell all students why they are being questioned.

 

In addition, the Board authorizes the Superintendent of Schools and Building 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. When warranted, support staff, such as the social worker or psychologist will be asked to be present while searches are conducted.

 

An authorized school official may conduct a search of a student's belongings that is minimally intrusive, such as touching the outside of a book bag, without reasonable suspicion, so long as the school official has a legitimate reason for the very limited search.

 

An authorized school official may search a student or the student's belongings based upon information received from a reliable informant. Individuals, other than the District employees, will be considered reliable informants if they have previously supplied information that was accurate and verified, or they make an admission against their own interest, or they provide the same information that is received independently from other sources, or they appear to be credible and the information they are communicating relates to an immediate threat to safety. District employees will be considered reliable informants unless they are known to have previously supplied information that they knew was not accurate.

 

Before searching a student or the student's belongings, the authorized school official should attempt to get the student to admit that he or she possesses physical evidence that they violated the law or the District Code, or get the student to voluntarily consent to the search. Searches will be limited to the extent necessary to locate the evidence sought.

 

Whenever practicable, searches will be conducted in the privacy of administrative offices and students will be present when their possessions are being searched.

 

  1. 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.

 

  1. Confiscation of Illegal Items

 

The Principal or the Principal’s designee will be responsible for the custody, control and disposition of any illegal or dangerous item taken from a student. The Principal or his or her designee will clearly label each item taken from the student and retain control of the item(s), until the item is turned over to the police. The Principal or his or her designee will be responsible for personally delivering dangerous or illegal items to police authorities.

 

  1. 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:

 

a. a search or an arrest warrant; or

b. probable cause to believe a crime has been committed on school property or at a school function; or

c. been invited by school

 

Before police officials are permitted to question or search any student, the Principal or his or her designee will first try to notify the student's parent to give the parent the opportunity to be present during the police questioning or search. If the student's parent cannot be contacted prior to the police questioning or search, the questioning or search will not be conducted. The Principal or designee will also be present during any police questioning or search of a student on school property or at a school function.

 

Students who are questioned by police officials on school property or at a school function will be afforded the same rights they have outside the school. This means:

 

a. they must be informed of their legal

b. they may remain silent if they so

c. they may request the presence of an

 

  1. Child Protective Services Investigations

 

Consistent with the District's commitment to keep students safe from 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 will be made directly to Principal or his or her designee. The Principal or designee will set the time and

 

place of the interview. The Principal or designee will be present during the interview. 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.

 

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 without the parent's consent.

 

DISCIPLINE OF STUDENTS WITH DISABILITIES

 

  1. All suspensions of a Committee on Special Education (“CSE”) classified student will be promptly reported to the Director of Pupil Personnel Services in
  2. Prior to the accumulation of ten (10) days of suspension for a CSE classified student, the school will re-evaluate the student so that current data is available for review including anecdotal records from professional staff having contact with the
  3. All suspensions of a CSE classified student closely spaced and for the same offense will be referred to the
  4. The school District will endeavor by the above procedures not to suspend a CSE classified student for more than a cumulative period of ten (10) school days during any academic year for any offense that is a manifestation of the disability, as determined by the

 

The need to address disruptive or problem behavior within its schools may result in the suspension, removal or other discipline of students with disabilities eligible for services under the Individuals with Disabilities Education Act (IDEA) and Article 89 of the New York Education Law and their implementing regulations. Students with disabilities enjoy certain procedural protections whenever school authorities intend to impose discipline upon them. Accordingly, the procedures for suspending, removing or otherwise disciplining students with disabilities eligible for services under IDEA and Article 89 will conform with the procedural safeguards required by applicable laws and regulations.

 

This section incorporates by reference the procedural safeguards for students with disabilities subject to discipline set forth in Part 201 of the Regulations of the Commissioner of the State of New York, which implement the procedural protections provided under New York’s Education Law and which coordinate the State’s general procedures for suspension of students with disabilities with the requirements of IDEA and its implementing regulations. This regulation 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.

 

Authorized Suspensions or Removals of Students with Disabilities

 

In accordance with the procedural protections applicable to the discipline of students with disabilities:

 

  1. A suspension means a suspension pursuant to of the New York 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 forty-five 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 includes services and modifications to address the behavior which precipitated the IAES placement that are designed to prevent the behavior from recurring.

 

  1. 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 of Education, Superintendent of Schools or a Building Principal delegated such authority by board policy may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed 5 consecutive school days provided the period does not exceed the amount of time a nondisabled student would be subject to suspension for the same

 

b. The Superintendent of Schools 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 paragraph a for the same behavior, if the Superintendent determines 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

 

c. The Superintendent of Schools 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

 

d. The Superintendent of Schools may order the placement of a student with a disability in an IAES to be determined by the CSE, for the same amount of time that a child without a disability would be subject to discipline, but not more than 45 days, if the child carries or possesses a weapon on School Property or to a School Function, or the child knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while on School Property or a School Function, or has inflicted serious bodily harm upon another person while on School Property or at a School

 

  • The term weapon means the same as “dangerous weapon” under 18

U.S.C. Section 930(g)(w) which includes “a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except…[for] a pocket knife with a blade of less than 2 ½ inches in length.

  • 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
  • Illegal drugs means a controlled substance except for those legally possessed or used under the supervision of a licensed healthcare professional or that is legally possessed or used under any other authority under the Controlled Substances Act or any other federal
  • “Serious bodily harm” is defined as a substantial risk of death, extreme physical pain, or protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental facility.

 

  1. 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

 

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

 

  1. 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

 

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 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.

 

Special Rules Regarding the Suspension or Removal of Students with Disabilities

 

  1. The District’s CSE will:

 

a. Conduct functional behavior assessments to determine why a student engages in behaviors that impede learning and how the student’s behavior relates to the environment. The CSE will 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

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/her 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.

 

  1. 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, will 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 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. It will be the responsibility of the Superintendent of Schools, Building Principal or other school official imposing a suspension or removal to determine whether the student is a student presumed to have a

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:

 

  • Conducted an individual evaluation and determined that the student is not a student with a disability, or
  • Determined that an evaluation was not necessary and provided notice to the parents of such determination, in the manner required by applicable law and

 

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 nondisabled student who engaged in comparable behaviors. However, if a request for an individual evaluation is made while such nondisabled student is subjected to a disciplinary removal, an expedited evaluation will 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, will remain in the educational placement determined by the District, which can include suspension.

 

  1. The District will 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 of 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 or removal that constitutes a disciplinary change in

 

The notice of disciplinary removal will be accompanied by the procedural safeguards notice prescribed by the Commissioner of Education of the State of New York.

 

  1. The parents of a student with a disability subject to a suspension of five consecutive school days or less will be provided with the same opportunity for an informal conference available to parents of nondisabled students under New York’s Education Law.

 

  1. A Superintendent’s hearing on disciplinary charges against a student with a disability subject to a suspension of more than five school days will be bifurcated into a guilt phase and a penalty phase in accordance with the procedures set forth in Education Law and Regulations of the Commissioner of Education which are incorporated into this Code.

 

  1. The removal of a student with a disability other than a suspension or placement in an IAES will 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 ten consecutive days or for a period that would result in a disciplinary change in placement, unless the CSE has determined the behavior is not a manifestation of the student’s

 

  1. During any period of suspension or removal, including placement in an IAES, a student with a disability will be provided services as required by the Education Law and Regulations of the Commissioner of Education which are incorporated into this regulation.

 

Expedited Due Process Hearings

 

  1. An expedited due process hearing will be conducted in the manner specified by the Regulations of the Commissioner of Education which are incorporated into this regulation, 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

b. The parent requests such a hearing to challenge 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

 

  • 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 will 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

 

  • 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 will remain in the placement prior to the removal to the IAES, except where the student is again placed in an

 

  1. An expedited due process hearing will 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

 

Referral to Law Enforcement and Judicial Authorities

 

In accordance with the provisions of the 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’s

 

  1. The Superintendent of Schools will 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 consistent with the Family Educational and Privacy Rights Act (FERPA).

 

VISITORS TO THE SCHOOLS

 

The Principal or his or her designee 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 regular staff member or student of the school will be considered a visitor.
  2. All visitors to the school must report to the security desk first upon arrival at the There they may be required to show ID upon request, 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. They should then proceed to the principal’s office for conducting their business. The visitor must return the identification badge to the security desk 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
  4. Teachers are expected not to take class time to discuss individual matters with
  5. Any unauthorized person on school property will be reported to the Principal or his or her designee. Unauthorized persons will be asked to leave. The police may be called if the situation
  6. All visitors are expected to abide by the rules for public conduct on school property contained in this Code of
  7. A visitor that is found to have violated this Code will have their authorization, if any, to remain on school grounds or at the school function withdrawn and they will be directed to leave the premises. If they refuse to leave, they will be subject to ejection by school or local

 

PUBLIC CONDUCT ON SCHOOL PROPERTY

 

The Board of Education recognizes that the primary purpose of the District is to provide a superior atmosphere for learning and education. Any action by an individual or group aimed at disrupting, interfering with or delaying the education process, or having such effect, is hereby declared to be in violation of this Code of Conduct.

 

The Board also recognizes its responsibility to protect School Property and declares its intent to take any and all legal action to prevent its damage or destruction. The Board will also seek restitution from, and prosecution of, any person or persons who willfully damages School Property.

 

It is not the intent of this policy to limit freedom of speech or peaceful assembly. The Board recognizes that free inquiry and free expression are indispensable to the objectives of a

 

school district. The purpose of the rules and regulations is to prevent abuse of the rights of others and to maintain public order, not to prevent or restrain controversy or dissent.

 

Prohibited Conduct. No person, either alone or with others, will:

  1. Intentionally injure any person or threaten to do
  2. Intentionally damage or destroy District property or the personal property of a teacher, administrator, other District employee or any person lawfully on school property, including graffiti or
  3. Disrupt the orderly conduct of classes, school programs or other school
  4. Distribute or wear materials on School Property or at School Functions that are obscene, advocate illegal action, appear libelous, obstruct the rights of others, or are disruptive of the school
  5. Intimidate, harass or discriminate against any person on the basis of race, color, creed, national origin, religion, religious practices, weight, ethnic group, age, gender, sexual orientation or
  6. Enter any portion of the School Property without authorization or remain in any building or facility after it is normally
  7. Obstruct the free movement of any person in any place to which this Code
  8. Possess, consume, sell, distribute, or exchange alcoholic beverages, controlled substances, or be under the influence of either on District property or at a school function.
  9. Possess or use weapons 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
  10. Loiter on School Property or at a School
  11. Refuse to comply with any reasonable order of identifiable District officials performing their
  12. Willfully incite others to commit any of the acts prohibited by this
  13. Violate any federal or state statute, local ordinance or Board policy while on School Property or while at a School
  14. Distribute any material without permission of the Superintendent or his or her designee, at any
  15. Smoke in any District building or on school property at any
  16. Litter school grounds with refuse of any

 

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
  2. Distribute a summary of the Code that is written in plain language to all parents of District students at the start of the school year and make this summary available to parents at a later time, upon

 

  1. Making copies of the Code available to all parents at the beginning of the school year on the District
  2. 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
  3. Providing all new employees with a copy of the current Code of Conduct when they are first
  4. Making copies of the Code available for review by students, parents and other community members if

 

The Board suggests that an educational program be established 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.

 

B. Review of Code of Conduct

 

The Board will review this Code of Conduct every year and update it as necessary. In conducting this review, the Board will consider how effective the Code’s provisions have been and whether the Code has been applied fairly and consistently.

 

The Board may appoint an advisory committee to assist in reviewing the Code and the District’s response to Code of Conduct violations. The committee will be made up of representatives of student, teacher, administrator, and parent organizations, school safety personnel and other school personnel.

 

Before adopting any revisions to the Code, the Board will hold as 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.