LONG LAKE CENTRAL SCHOOL DISTRICT
| CODE Table of Contents |
|||
| I. | Introduction | ||
| II. | Definitions | ||
| III. | |||
| IV. | Essential Partners | ||
| V. | Student Dress Code | ||
| VI. | Student Conduct | ||
| VII. | Reporting Violations | ||
| VIII. | Disciplinary Penalties, Procedures & Referrals | ||
| IX. | Alternative Instruction | ||
| X. | Discipline of Students with Disabilities | ||
| XI. | Corporal Punishment | ||
| XII. | Student Searches and Interrogations | ||
| XIII. | Visitors to Schools | ||
| XIV. | Public Conduct on School Property | ||
| XV. | Dissemination and Review | ||
I. 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.
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, mutual respect, citizenship, character,
tolerance, honesty and integrity.
The
board recognizes the need to clearly define these expectations for acceptable
conduct on school property, to 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, school personnel,
parents and other visitors when on school property or attending a school function.
For
purposes of this code, the following definitions apply:
"Disruptive
student" means an elementary or secondary student under the age of 21
who is substantially disruptive of the educational process or substantially
interferes with the teacher's authority over the classroom.
"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 or secondary
school, or in or on a school bus or school vehicle, as defined in Vehicle
and Traffic Law _142.
"School function" means any school-sponsored
extracurricular event or activity.
"Violent student" means a student under the age of 21 who:
1. Commits an act of violence upon a school employee,
or attempts to do so.
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 so.
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, 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 cutter,
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.
III. Student Rights and Responsibilities
A. Student Rights
The
district is committed to safeguarding the rights given to all students under
state and federal law. In addition,
to promote a safe, healthy, orderly and civil school environment, all district
students have the right to:
1. Take part in all district activities on an equal basis regardless of race, color, creed,
national origin, religion, gender, sexual orientation
or disability.
2. Present their version of the relevant
events to school personnel authorized to impose a disciplinary penalty in
connection with the imposition of the penalty.
3. Access school rules and, when necessary,
receive an explanation of those rules from school personnel.
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 the highest standards of conduct, demeanor,
and sportsmanship.
A. Parents
All
parents are expected to:
1. Recognize that the education of their child(ren)
is a joint responsibility of the parents and the school community.
2. Send their children to school ready to participate
and learn.
3. Ensure their children attend school regularly
and on time.
4. Ensure absences are excused.
5. Insist their children be dressed and groomed
in a manner consistent with the student dress code.
6. Help their children understand that in a democratic
society appropriate rules are required to maintain a safe, orderly environment.
7. Know school rules and help their children understand
them.
8. Convey to their children a supportive attitude
toward education and the district.
9. Build good relationships with teachers, other
parents and their children'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.
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 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 proceduresc. Assignment deadlines
d. Expectations for studentse. Classroom discipline plan.
6. Communicate regularly with students, parents
and other teachers concerning growth and achievement.
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.
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.
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 about educational trends relating
to student discipline.
4. Work to create instructional programs that minimize
problems of misconduct and are sensitive to student and teacher needs.
5. Work with district administrators in enforcing
the code of conduct and ensuring that all cases are resolved promptly and
fairly.
1. Collaborate with student, teacher,
administrator, and parent organizations, school safety personnel and other
school personnel to develop a code ofconduct that clearly defines expectations
for the conduct of students, district personnel and visitors on school property
and at school functions.
2. Adopt and review at least annually the district's
code of conduct to evaluate the code's effectiveness and the fairness and
consistency of its implementation.
3. Lead by example by conducting board meetings
in a professional, respectful, courteous manner.
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.
A
student's dress, grooming and appearance, 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,
spaghetti straps, plunging necklines (front and/or back), low cut jeans,
mid-riff
shirts and see-through garments are not appropriate.
3. Ensure that underwear is completely
covered with outer clothing and no
abdomen/stomach
area is showing.
4. Include footwear at all times. Footwear that is a safety hazard will not be
allowed.
5. Not include the wearing of hats in school during
school hours 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, creed, national origin, gender, sexual
orientation
or disability.
7. Not promote and/or endorse the use of alcohol,
tobacco or illegal drugs and/or
encourage
other illegal or violent activities.
8. Pierced earings/jewelry must be removed before
physical education classes and
all
sports activities.
Each
principal or his or her designee 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.
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:
1. Running
in hallways.
2. Making
unreasonable noise.
3. Using
language or gestures that are profane, lewd, vulgar or abusive.
4. Obstructing
vehicular or pedestrian traffic.
5. Engaging
in any willful act which disrupts the normal operation of the
school
community.
6. Trespassing. Students are not permitted in any school building,
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; or any other violation
of the district's acceptable
use
policy.
B. Engage in conduct that is insubordinate. Examples of insubordinate conduct
include:
1. Failing
to comply with the reasonable 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 reasonable directions of teachers, school
administrators or other school personnel
in charge of students.
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 or
attempting
to do so.
2. Committing
an act of violence (such as hitting, kicking, punching, and
scratching)
upon another student or any other person lawfully on school
property
or attempting to do so.
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 weapon.
5. Threatening
to use any weapon.
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 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. 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
them.
4. 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.
5. 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.
6. Intimidation,
which includes engaging in actions or statements that put
an
individual in fear of bodily harm.
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, organization, club or team.
8. Selling,
using or possessing obscene material.
9. Using
vulgar or abusive language, cursing or swearing.
10.Smoking a cigarette, cigar, pipe or
using chewing or smokeless tobacco.
11.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".
12.Inappropriately using or sharing prescription
and over-the-counter drugs.
13.Gambling.
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.
16.Spitting or the use of other bodily
fluids to taunt, insult, or otherwise
denigrate
another student, staff member or school related personnel is
strictly
forbidden.
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.
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.
All
students are expected to promptly report violations of the code of conduct
to a teacher,
guidance counselor, 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 function
shall report this information
immediately
to a teacher, the building principal, the principal's designee or the
superintendent.
All
district staff who 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 shall 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 shall be confiscated
immediately,
if possible, followed by notification to the parent of the student
involved
and the appropriate disciplinary sanction if warranted, which may
include
permanent suspension and referral for prosecution.
The
principal or his or her designee 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 or his or 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.
VIII.
Disciplinary Penalties, Procedures and Referrals
Discipline
is most effective when it deals directly with the problem at the time
and place
it occurs, and in a way that students view as fair and impartial. School
personnel
who interact with students are expected to use disciplinary action only
when necessary
and to place emphasis on the students' ability to grow in self-
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. The student's age.
2. The nature of the offense and the circumstances
which led to the offense.
3. The student's prior disciplinary record.
4. The effectiveness of other forms of discipline.
5. Information from parents, teachers and/or others,
as appropriate.
6. Other extenuating circumstances.
As
a general rule, discipline will be progressive.
This means that a student's
first
violation will usually merit a lighter penalty than subsequent violations.
If
the conduct of a student is related to a disability or suspected disability,
the
student
shall be referred to the Committee on Special Education and discipline, if
warranted,
shall be administered consistent with the separate requirements of this
code of
conduct for disciplining students with a disability or presumed to have a
disability.
A student identified as having a disability shall not be disciplined
for
behavior
related to his/her disability.
Students
who are found to have violated the district's code of conduct may be
subject
to the following penalties, either alone or in combination. The school
personnel
identified after each penalty are authorized to impose that penalty,
consistent
with the student's right to due process.
1. Oral warning - any member of the district staff
2. Written notification to student and parent -
bus driver, hall and lunch monitors,
coaches, guidance counselors, teachers, principal, superintendent
3. Detention - teachers, principal, superintendent
4. Suspension from transportation - director of
transportation, principal,
superintendent
(Notify C.S.E. Chairperson if student is classified)
5. Suspension from athletic participation - coaches,
principal, superintendent
6. Suspension from social or extracurricular activities
- activity director,
principal, superintendent
7. Suspension of other privileges - principal,
superintendent
8. In-school suspension - principal, superintendent
9. Removal from classroom by teacher - teachers,
principal
10.Short term (five days or less) suspension
from school - principal,
superintendent,
board of education
11.Long term (more than five days) suspension
from school - principal,
superintendent,
board of education
12.Permanent suspension from school -
superintendent, board of education
The
amount of due process a student is entitled to receive before a penalty is
imposed
depends on the penalty being imposed. In
all cases, regardless of the
penalty
imposed, the school personnel authorized to impose the penalty must
inform
the student of the alleged misconduct and must investigate, to the extent
necessary,
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 an oral warning, written
warning
with written notification to the student and their parents are entitled to
additional
rights before the penalty is imposed. These additional rights are
explained
below.
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 and the student has appropriate
transportation
home following detention.
If
a student does not conduct himself/herself properly on a bus, the bus
driver
is expected to bring such misconduct to the building principal's
attention.
Students who become a serious disciplinary problem may have
their
riding privileges suspended by the building principal or the superintendent
or their
designees. In such cases, the student's
parent will become responsible
for seeing
that his or her child gets to and from school safely. Should the
suspension
from transportation amount to a suspension from attendance,
the district
will make appropriate arrangements to provide for the student's
education.
A
student subjected to a suspension from transportation is not entitled to a
full hearing
pursuant to Education Law _3214. However,
the student and
the student's
parent will be provided with a reasonable opportunity for an
informal
conference with the building principal or the principal's designee
to discuss
the conduct and the penalty involved.
privileges
A
student subjected to a suspension from athletic participation, extra-curricular
activities
or other privileges is not entitled to a full hearing pursuant to
Education Law _3214. However, the student and the student's parent
will
be provided
with a reasonable opportunity for an informal conference with
the district
official imposing the suspension to discuss the conduct and the
penalty involved.
The
board recognizes 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
as the result of a code of conduct violation in "in-school
suspension."
The in-school suspension teacher will be a certified teacher if
possible.
A
student subjected to an in-school suspension is not entitled to a full hearing
pursuant
to Education Law _3214. However, the
student and the student's
parent
will be provided with a reasonable opportunity for an informal
conference
with the district official imposing the in-school suspension to
discuss
the conduct and the penalty involved.
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
an elementary classroom or in an
administrator's
office; (2) sending a student into the hallway briefly;
(3)
sending a student to the principal's office for the remainder of the
class
time only; (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
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 his or her version of the relevant events within 24-hours.
The
teacher must complete a district-established disciplinary removal form and
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 leave the form with the secretary and
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 parents, 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
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
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 evidence.
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 or 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
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 or her class.
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 his or her 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 under state or federal law or
regulation.
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.
When
the superintendent or principal (referred to as the "suspending
authority") proposes to suspend a student
charged with misconduct for five days
or less
pursuant to Education Law _3214(3), the suspending authority must
immediately
notify the student orally. If the student
denies the misconduct, the
suspending
authority must provide an explanation of the basis for the proposed
suspension.
The suspending authority must also notify the student's parents in
writing
that the student may be suspended from school.
The written notice must
be provided
by personal delivery, express mail delivery, or some other means that
is reasonably
calculated to assure receipt of the notice within 24 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.
The
notice shall provide a description of the charges against the student and
the
incident
for which suspension is proposed and shall inform the parents 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
the student
is suspended unless the student's presence in school poses a
continuing
danger to persons or property or an ongoing threat of disruption to the
academic
process. If the student's presence
does pose such a danger or threat of
disruption,
the notice and opportunity for an informal conference shall take place
as soon
after the suspension as is reasonably practicable.
After
the conference, the 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 superintendent within five business days, unless they can show
extraordinary
circumstances precluding them from doing so. The superintendent
shall
issue a written decision regarding the appeal within 10 business days of
receiving
the appeal. If the parents are not
satisfied with the superintendent's
decision, they must file a written appeal to
the board of education with the district
clerk
within 10 business days of the date of the superintendent's decision, unless
they can
show extraordinary circumstances precluding them from doing so. Only
final
decisions of the Board may be appealed to the Commissioner within 30 days
of the
decision.
When
the superintendent or building principal determines that a suspension for
more than
five days may be warranted, he or she shall give reasonable notice to
the student
and the student's parents of their right to a fair hearing. At the hearing
the student
shall have the right to be represented by counsel, the right to question
witnesses
against him or her and the right to present witnesses and other evidence
on his
or her behalf.
The
superintendent shall personally hear and determine the proceeding or may,
at his
or her discretion, designate a hearing officer to conduct the hearing. The
hearing
officer shall be authorized to administer oaths and to issue subpoenas in
conjunction
with the proceeding before him or her. A record of the hearing shall
be maintained,
but no stenographic transcript shall be required. A tape recording
shall be deemed a satisfactory record.
The hearing officer shall make findings of
fact and
recommendations as to the appropriate measure of discipline to the
superintendent.
The report of the hearing officer shall be advisory only, and the
superintendent
may accept all or any part thereof.
An
appeal of the decision of the superintendent may be made to the board 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 business
days of
the date of the superintendent's decision, unless the parents can show that
extraordinary
circumstances precluded them from doing so. The board may adopt
in whole
or part the decision of the superintendent.
Final decisions of the board
may be
appealed to the Commissioner within 30 business days of the decision.
Permanent
suspension is reserved for extraordinary circumstances such as
where
a student's conduct poses a life-threatening danger to the safety and well-
being
of other students, school personnel or any other person lawfully on school
property
or attending a school function.
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 may be subject to suspension from school for at least
one calendar
year. Before being suspended, the student
will have an opportunity
for a
hearing pursuant to Education Law _3214. The
superintendent has the
authority
to modify the one-year suspension on a case-by-case basis. In deciding
whether
to modify the penalty, the superintendent may consider the following:
1. The student's age.
2. The student's grade in school.
3. The student's prior disciplinary record.
4. The superintendent's belief that other forms
of discipline may be more
effective.
5. Input from parents, teachers and/or others.
6. Other extenuating circumstances.
A
student with a disability may be suspended only in accordance with the
requirements
of state and federal law.
Any
student, other than a student with a disability, who is found to have
committed
a violent act, other than bringing a weapon onto school property, may
be subject
to suspension from school for at least five days. If the proposed penalty
is the
minimum five-day suspension, the student and the student's parents 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 parents 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.
or repeatedly substantially interfere 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 may 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, or three or more occasions
during
a trimester. If the proposed penalty
is the minimum five-day suspension,
the student
and the student's parents will be given the same notice and