Code of Conduct
CODE OF CONDUCT
This Code of Conduct (the “Code”) is adopted by the Board of Education (the “Board”) of Lisbon Central School District (the “District”) pursuant to and in compliance with the requirements of Project SAVE and §100.2(I) of the Regulations of the Commissioner of Education.
This Code defines the Board’s expectations for conduct on District Property and at District Functions based on these accepted principles. It also identifies the range of penalties for unacceptable conduct. Unless otherwise indicated, this Code applies to conduct of students, employees, student’s parents and other visitors committed on District Property, at a District Function, or that otherwise affects the District’s educational program.
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.
Regardless of race, sex, color, national origin, disability, or creed, all students have the right to:
- The guidance of understanding teachers, counselors, and other District staff.
- An education that offers students the opportunity for inquiry and development to the fullest potential.
- Constructive discipline for the development of good character, conduct and habits.
- Personal security while on District Property and at District Functions.
- An educational climate where the well being of students is of primary concern.
- An educational staff that provides a positive role model for student development.
- Guidance in choosing a career or college.
- The opportunity to develop and express opinions, beliefs and values, provided such expression is not disruptive, slanderous or insubordinate.
- Wholesome extracurricular activities.
- Health and psychological services to assist in physical, mental and social development.
- Appropriate education and/or remediation to serve special needs.
- Consideration as an individual within the educational environment.
- The opportunity to approach teachers and administrators with reasonable requests and questions concerning education.
All students are accountable for their own behavior on District Property and at District Functions, and have the responsibility to:
- Comply with the provisions of this Code while on District Property and at District Functions.
- Grow in character and ability as they grow in age.
- Be honest with themselves and others.
- Show respect for fellow students, teachers and all District staff.
- Set a positive example so that others may enjoy and profit from their company.
- Perform all assignments to the best on their ability.
- Consider their education as preparation for the future.
- Obey all school rules and regulations.
- Respect public, private and school property.
- Attend school regularly and punctually.
- Develop high moral standards and the courage to live by them.
- Strive for mutually respectful relationships with teachers and comply with reasonable requests of teachers and administrators.
- Take full advantage of educational opportunities available at school.
- Develop opinions and values that will make them an asset to the school community.
- Learn and practice civic responsibility.
For purposes of this Code, the following words and phrases shall have the meanings set forth below:
Assault: The physical abuse, or infliction of personal injury, or unlawful detention of any person and the intentional use of physical force, or the threat thereof, that places, or attempts to place, another person in well-founded fear of personal injury.
Civil Rights: A right, benefit or protection that is guaranteed to an individual by either the federal or New York State Constitution or statute.
Controlled Substance: A drug or other substance identified in certain provisions of the federal Controlled Substances Act specified in both federal and state law and regulations that apply to this Code.
Disabled Student: A student who has been classified as suffering from a disability pursuant to the provisions of IDEA and Article 89 of the Education Law, or one who the District is deemed to know has a disability within the meaning of 34 CFR §300.527.
Disruptive Student: “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.
District Function: Any school-sponsored extra-curricular event or activity.
District Property: Any place in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary lines of the District’s building, or other District owned or controlled property, or in or on a school bus as defined in Vehicle and Traffic Law §142.5.
Explosive: An explosive device of a nature or in a quantity that is sufficient to cause injury to the person of the holder thereof or to the person or property of others, including the District.
Illegal Drugs: A controlled substance except for those legally possessed or used under the supervision of a licensed health-care professional, or those legally possessed or used under any other authority under the Controlled Substances Act or any other federal or New York State law.
Illegal Services: Alcohol, Illegal drugs and inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, and any substances commonly referred to as “designer drugs”.
Interim Alternative Educational Setting (“IAES”): A temporary educational placement for a disabled student for a period of up to 45 days, other than the student’s current placement at the time the behavior precipitating the IAES placement occurred, that enables the student to continue to progress in the general curriculum, to continue to receive appropriate services and modifications, including those described on the student’s current individualized educational program (“IEP”), and 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 such behavior from recurring.
In-School Suspension: The temporary removal of a student from the classroom and the placement of that student in another designated area of the school building where the student will receive substantially equivalent, alternative education.
Parent: The biological, adoptive or foster parent, guardian or person in parental relation to a student.
Removal: As it relates to a disabled student, the 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.
Removal: As it relates to a non-disabled student who is disruptive in class, the removal from the classroom to ensure that the other students continue to learn. A classroom teacher may remove a student from class for 1 day if the teacher determines that the student is disruptive. The removal from class applies to the class of the removing teacher only. For purposes of this Code, the removal commences on the second consecutive day that a student is asked to leave a teacher’s classroom (the first day being considered the discretionary use of a classroom management technique by the teacher).
Suspension: The disciplinary removal of a student from his or her regular educational program and activities in accordance with Education Law §3214.
Violent Student: A student under the age of 21 who (a) commits an act of violence upon a school employee; or (b) commits, while on District Property or at a District Function, an act of violence upon another student or any other person lawfully on District Property or at a District Function; or (c) possesses a Weapon whole on District Property or at a District Function; or (d) displays, while on District Property or at a District Function what appears to be a Weapon; or (e) threatens, while on District Property or at a District Function, to use a Weapon; or
(f) knowingly and intentionally damages or destroys the personal property of any school employee or any person lawfully on District Property or at a District Function; or (g) knowingly and intentionally damages or destroys District Property.
Visitor: Anyone on District Property or at a District Function who is not a District employee or a student of the school building in which the individual is physically present.
Weapon: A firearm as defined in 18 USC §921 for purposes of the Gun Free Schools Act, and any device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, and any other gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, BB gun, starter gun, pellet gun, dagger, dirk, razor, stiletto, switchblade knife, gravity knife, pocket knife with a blade of at least 2 ½ inches, brass knuckles, sling shot, metal knuckle knife, box cutters, can sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper spray or other noxious spray,explosive or incendiary bomb, or other device, instrument, material or substance that can cause serious physical injury or death when used as a weapon.
The role of the teaching and other professional staff employed by the District is to:
- Demonstrate, by word and action, respect for law and order and self- discipline.
- Keep students and parents informed regarding student progress.
- Express concern and enthusiasm for teaching and learning.
- Treat students as individuals, with concern and respect.
- Provide direction and guidance so students can learn to think, reason, and be responsible for their actions.
- Become involved in the development of District rules and regulations regarding student conduct, and require that there be observance of the same.
- Be consistent, fair and firm in dealing with students both in and out of the classroom.
- Reinforce positive student behavior.
- Seek appropriate resources to effect positive change in student behavior.
- Before seeking assistance from the administration for discipline problems, use available resources to bring about positive behavioral changes in the classroom.
The role of the School Counselor is to:
- Assist students in coping with peer pressure and emerging personal, social and emotional problems.
- Initiate teacher/student/counselor conferences and parent/teacher/counselor conferences, as necessary as a way to resolve problems.
- Regularly review with students their educational progress and career plans.
- Provide information to assist students with career planning.
- Encourage students to benefit from the curriculum and extracurricular programs.
The role of District Administrator is to:
- Maintain an environment that is conducive to good learning.
- Responsibly exercise the authority assigned by the Board and the Superintendent of Schools
- Develop effective schedules and teaching assignments for students and staff.
- Be consistent, fair, and firm in decisions affecting students, staff and parents.
- Demonstrate, by word and example, respect for law and order, self- discipline, and sincere concern for all persons under their authority.
- Participate in the development of rules and regulations and to make them known and understood by students, staff and parents.
- Initiate and maintain open lines of communication with students, staff and parents.
- Become involved with students by attending school activities and visiting classrooms.
- Work with students, teachers, counselors, and parents to establish cooperative techniques for bringing about an effective educational program.
- Inform the Board about new developments and trends relating to discipline of students.
- Supervise and maintain a well-trained staff at all levels.
- Keep the community well informed of all District activities through regular publications, announcements, meetings and other appropriate forms of communication.
- Recommend programs to the Board that provide for the needs of all students, including those with special needs.
- Support the staff by enforcing student discipline in accordance with District policies and the requirements of New York State law.
- Be fair and consistent in rendering decisions regarding students whose behavior problems have been referred to the Superintendent.
The role of the Board is to:
- Employ and maintain a well-trained staff at all levels.
- Keep the community well informed of all District activities through regular publications, announcements, meetings and other appropriate forms of communication.
- Develop programs that provide for the needs of all students, including those with special needs.
- Enforce student and staff discipline in accordance with District policies and the requirements of New York State law.
- Be fair and consistent in rendering decisions regarding the discipline of students who have appealed to the Board.
The role of the parent of a student is to:
- Encourage the child to attend school punctually and regularly as required by law.
- Know and understand the rules and regulations their child is required to observe at school.
- Strive to keep their child in good health.
- Require their child to be clean and dressed consistent with acceptable standards and the requirements of this Code.
- Encourage their child to learn and respect the rights of others.
- Teach their child, by word and example, respect for law and authority.
- Provide guidance for their child to develop socially acceptable standards of conduct and behavior.
- Become involved in their child’s school, with its teachers, programs and activities, and to attend conferences and school functions.
- Encourage and support their child in completing homework assignments.
- Recognize that primary responsibility for their child’s welfare and development rests with the parent.
The Board encourages parents and other District citizens to visit the District’s schools and classrooms to observe the work of students, teachers and other staff. However, since schools are a place of work and learning, certain limits must be set for such visits. For these reasons, the following rules apply to visitors to the schools:
The Building principal has authority over all persons in the building and on the school grounds.
All visitors to the school must report to the H.S. office upon arrival at the school to sign the visitors register and to be issued a visitors identification badge. The identification badge must be worn at all times while in the school or on school grounds, and returned to the H.S. office before leaving the building. Visitors attending District
Functions that are open to the public, such as parent-teacher organization meetings or public gatherings, are not required to register.
Parents or citizens who wish to observe a classroom while school is in session are required to arrange such visits in advance with the classroom teacher(s), so that class disruption is kept to a minimum.
Teachers should not be expected to take class time to discuss individual matters with visitors.
All visitors are required to abide by the rules for conduct on District Property contained in this Code.
The District’s employees and students shall be appropriately groomed and dressed while on District Property and at District Functions. Teachers and all other District employees should exemplify and reinforce acceptable student dress and help students develop an understanding of appropriate appearance in the school setting. Also, visitors are to be appropriately attired while on District Property and at District Functions. Each building principal shall inform all students and their parents of the student dress code at the beginning of the school year, and of any revisions to the dress code made during the school year. The appropriateness of an individual’s dress will depend, to some degree, on the circumstances and setting. However, the following general rules shall normally apply in all circumstances:
Dress, grooming and appearance, including hair style/color, jewelry, make-up, and nails, shall be safe and appropriate and may not disrupt or interfere with the educational process.
Extremely revealing garments, including those not covering the midriff, such as tube tops, net tops, halter tops, spaghetti straps, plunging necklines (front and/or back), transparent and see-through garments are not appropriate attire for the school environment.
Underwear shall be completely covered with outer clothing.
Footwear shall be worn at all times. (Footwear that is a safety hazard will not be allowed).
Hats shall not be worn in school, except for a medical or religious purpose.
Items of apparel that are vulgar, obscene, libelous, or denigrate others on the basis of race, color, religion, ancestry, national origin, sex, sexual orientation or disability are prohibited.
No item of apparel may promote and/or endorse the use of alcohol, tobacco, or illegal drugs or encourage other illegal or violent activities.
The following guidelines shall govern student conduct on school buses:
In general, school buses are extensions of the classroom, and standards of student conduct similar to those that apply in the classroom shall apply to conduct on school buses.
The bus driver is in charge of the bus. The driver’s instructions are to be obeyed promptly by all passengers.
Upon boarding the bus, students will select a seat and remain seated for the duration of the trip, except in cases where standees are required. Drivers may assign seats when they feel it is necessary.
No student shall board a bus with any object that cannot be held on his or her lap or between his or her knees. Students shall not bring objects on the buses that are potentially dangerous or distracting to other students or the driver. Prohibited objects include, but are not limited to, the following:
Radios, tape recorders, and electronic games not related to instruction;
Oversized musical instruments; and
Oversized athletic equipment.
Students are to be ready prior to the bus’ arrival. Students who make no effort to be on time may be left behind.
Student actions that have the effect of distracting the driver or otherwise interfering with the driver’s ability to operate the vehicle in a safe manner are prohibited. Such actions may include, but are not limited to, the following:
Throwing objects within or out of the bus;
Harassing or fighting with other passengers;
Extending head, hands, arms, or legs out of bus windows;
Operating or otherwise tampering with emergency exits;
Eating, drinking, smoking, and using drugs or alcohol;
Creating excessive noise, including verbal abuse of fellow passengers and the use of profanity;
Causing damage to the vehicle (students responsible for damages will be billed for repair costs);
Tampering with the vehicle’s operating or safety controls;
Obstructing the driver’s vision; and
Threatening, verbally abusing, attacking or swearing at the driver.
Students, staff and visitors may be disciplined for misconduct that is not committed on District Property or at a District Function if such misconduct (1) threatens the health, safety or welfare of a student, teacher or other member of the School district staff, or (2) is likely to interfere with a positive educational environment, or (3) constitutes sexual or another form of harassment that is likely to carry over to the educational environment.
The definitions of misconduct set fort in Section VI. A of this Code are not meant to be all-inclusive. Thus, any conduct not defined in this Code that violates any federal or New York State statute, or any rule, regulation or established practice of the District, shall be punishable by penalty to be imposed in the discretion of the appropriate District personnel.
The principal is hereby delegated the authority to establish standards of conduct and rules for local matters, school building activities and the granting or withholding of student privileges. These standards and rules may include procedures for homeroom; student assemblies; emergency drills; study halls; use of the cafeteria; conduct in the building hallways; use of student lockers; student ID’s and student passes; school parking privileges; book bags and back packs in the building; bicycles, skateboards, roller blades and similar means of transportation; the use of electronic devices and laser pointers; card playing; and other local matters related to discipline and order in the building. These rules are subject to the approval of the Superintendent, and the Board.
The Board expects the members of the school community to conduct themselves in an appropriate and civil manner, with proper regard for the rights and welfare of students, employees and other members of the school community, and for the care of school facilities and equipment.
The commission of any of the following acts (as they are defined below) is prohibited on District Property and at a District Function. Such conduct is punishable by the penalties set forth in Section VII of this Code after compliance with the procedures set forth in Section VIII hereof.
Act of Violence: To strike, hit, kick, punch, scratch or otherwise physically assault another person; to damage or destroy the personal property of a teacher, administrator, other District employee or any person lawfully on District Property; or to intentionally damage or destroy District Property; or to commit any act that is included within the definition of a Violent Pupil, as defined herein. Acts of Violence include Arson, Assault, Bomb Threats, Fighting and Possession of an Explosive or a Weapon.
Arson: The intentional destruction or other damage by fire, explosion or smoke to real property or personal property of the District, to personal property of District students or staff, or to personal property of third parties.
Assault: The physical abuse, or infliction of personal injury, or unlawful detention of any person and the intentional use of physical force, or the threat thereof, that places, or attempts to place, another person in well-founded fear of personal injury.
Bias Harassment: The act of threatening bodily harm or by repeatedly tormenting another person based on the victim’s race, ethnic origin, religion, cultural difference, or disability. Bias harassment may take the form of comments, jokes, name-calling, innuendoes, offensive conversations, perpetuating rumors or gossip, offensive gesture, noises, blocking a victim’s path, assault, or any other behavior that is designed to show disrespect to an individual based on cultural, racial, or religious differences or based on a disability.
Bomb Threat: The intentional false claim that an Explosive device is located on the District Property or at a District Function.
Cheating: The act of giving or receiving (or conspiring to give or receive) answers to class assignment (included copying computer material) or test answers from another source.
Destruction of Property: The destruction, defacing or other impairment of District Property or property belonging to other persons.
Disorderly Conduct: Conduct that obstructs or disrupts a teaching, research, administrative or disciplinary procedure or any other authorized District activity. Disorderly Conduct includes, but is not limited to, running in hallways; making unreasonable noise; using language or gestures that are profane, lewd, vulgar or abusive; the willful interference with the free flow of vehicular or pedestrian traffic; or engaging in any willful act that disrupts the normal operation of the school community.
Disruptive Conduct: Conduct by a student under the age of 21 that is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom. Disruptive Conduct includes, but is not limited to, the failure to comply with the lawful directions of teachers, school administrators or other District employees, and speech or gesture which, by virtue of its content and/or circumstances, is likely to disrupt the conduct or classes of other District activities or to undermine the maintenance of discipline within the school setting. Disruptive Conduct also includes being late for school or class; being unprepared for class; and committing other conduct that detracts from the delivery of the District’s educational program.
Drug or Alcohol Violation: The possession, use or sale of an Illegal Drug or Illegal Substance, or the act of being under the influence of drugs without appropriate authorization (includes substances controlled by law, marijuana, medications or other drugs or substances which stimulate or are purported by the student to be any of the above). Insubordination while under investigation for a drug violation will also be considered a drug violation.
Extortion: Any intentional action which reasonably instills fear in another individual that the actor or another person will cause injury to the persons or property of that individual or another person for the purpose of obtaining money or property from that individual.
False Alarm: The intentional or grossly negligent activation of a fire alarm when no threat of fire exists, or the initiation, instigation or communication to the District, or any of its employees of any other claim of fire or threat thereof when none exists.
Fighting: Combative physical contact or other violent encounters between two or more persons.
Forgery: The involvement in the imitation or fabrication of another’s signature or written work.
Gambling: The risking of something of value upon the outcome of a contest of chance of a future contingent event upon an agreement or understanding that one will receive something of value in the event of a certain outcome.
Harassment: The act of threatening bodily harm or repeatedly tormenting another person and any other behavior that is intended to or has the reasonable effect of annoying, intimidating or causing fear in another. Harassment may take the form of comments, name-calling, jokes, stalking, perpetuating rumors or gossip, offensive gestures, offensive remarks, physical abuse, or any other behavior that is designed to annoy, intimidate, or cause fear.
Insubordination: The refusal or failure to comply with any District rule, regulation or policy (including those relating to attendance), or the failure to comply with a reasonable request from District personnel or representatives authorized to make such a request. Insubordination, as it relates to students, includes, but is not limited to, the failure to comply with the lawful directives of teachers, school administrators or other District employees in charge of students or otherwise demonstrating disrespect toward such individual lateness for, missing or leaving school without permission; and skipping detention. Insubordination, as it relates to non-students, includes, but is not limited to, the violation of regulations governing the use of District Property, and the failure to comply with the lawful direction of District employees or law enforcement officers acting in performance of their duties.
Littering: The general distribution or dissemination of printed, written, recorded or other materials without the prior approval of the building principal. The granting of approval or the refusal to grant the same shall be determined pursuant to administrative guidelines for the distribution and dissemination of materials on District Property.
Loitering: Remaining in an area after the bell when assigned to a particular classroom at that time. Loitering also includes congregating in the halls to impede traffic, or standing next to the building.
Other Misconduct: The act of soliciting, commanding, aiding or otherwise abetting any person to commit any act or conduct that is proscribed by this Code, and the commission or omission of any act which is in violation of any Federal or State law or any District rule or regulation, including the District’s School Safety Plans.
Parking Violations: The act of parking a student-operated vehicle on District Property without a parking permit, or parking in unauthorized areas. The District assumes no liability for vandalism/theft of the vehicle while on school property. In addition, student vehicles are subject to search with reasonable suspicion.
Plagiarism: The unauthorized use of another’s material that is represented, as one’s own work.
Possession of an Explosive: The use, actual or constructive possession, or the sale of an Explosive.
Possession of a Weapon: The use, actual or constructive possession, or the sale of a Weapon.
Reckless Endangerment: The commission of any act that has the likely potential to cause bodily harm to another individual or oneself.
Repeatedly Disruptive Conduct: Misconduct that results in the student being removed from the classroom by teacher(s) on four or more occasions during a semester, or three or more occasions during a trimester.
Sexual Harassment: The act of threatening bodily harm or by repeatedly tormenting another person based on gender. Sexual harassment may take the form of comments, jokes, name calling, innuendoes, offensive conversations, perpetuating unwelcome touching of another’s clothes, pinching, whistling or other noises, blocking a victim’s path, assault, or any other behavior that is intended to or has the reasonable effect of being offensive on a person’s gender.
Tardy: Students are tardy when they are not in their seats when the bell rings. Tardy to homeroom means arriving to homeroom after the bell, but before the attendance has been sent to the main office. Tardy to school means arriving to school after homeroom attendance has been sent to the main office.
Theft: The unlawful use, taking possession of, or control over, property belonging to the District or another.
Tobacco Violations: The act of possessing, smoking or chewing tobacco or tobacco product anywhere on school grounds. The use of tobacco is not allowed any where on school grounds.
Traffic Violations: The operation of a motor vehicle on District Property at a speed in excess of fifteen (15) miles per hour, or the operation of snowmobiles, motorbikes, go-carts, motor scooters, and other similar vehicles propelled by gasoline, diesel oil, fossil fuel, or electric powered engines on District Property. The only motor vehicles allowed to be operated on District Property are those automobiles, buses and trucks that are (a) licensed by the Department of Motor Vehicles, (b) insured in compliance with the mandatory provisions of the Vehicle and Traffic Law, and (c) lawfully operated on the District’s driveways, parking fields or other portions of the District Property for the purpose of attend District activities or conducting business or performing services for the District.
Trespassing: The entry upon or the use of District Property without proper authorization in situations where said property is restricted in entry or use. As it relates to students, trespassing includes a student’s presence in any District building other than the school he or she regularly attends without permission from the administrator in charge of the building.
Truancy: The act of being illegally absent from school without the knowledge and consent of a parent/guardian, or failing to attend school when expected to be in school, or failing to attend classes in consecutive periods, or missing the BOCES bus.
Vandalism: The willful destruction of the real or personal property of the District or another person. (In addition to suspension, restitution in the form of money or work will be expected).
Violation of Civil Right: Conduct that has the effect of depriving another of a civil right.
Students who violate this student discipline code will be subject to appropriate disciplinary action including, but not limited to, one or more of the following:
- Detention: Detention may be assigned in appropriate cases.
- Suspension from School: The principal may suspend a student from attendance at school for a period not to exceed five (5) school days. The parent or guardian will be notified of such suspension by telephone and/or letter.
- Suspension from Other Activities: Students may also be suspended from transportation, athletic participation, social or extracurricular activities or other privileges upon compliance with fundamental due process procedures.
- Superintendent’s Hearing: A disciplinary hearing may be scheduled before the Superintendent of Schools, or his designee, pursuant to the applicable provisions of the Education Law. At the conclusion of such hearing, the Superintendent may take whatever action is deemed appropriate, including but not limited to, indefinite suspension from school.
- Personal Liability: The District may pursue, on behalf of itself or an employee, all available rights and remedies to recover from the student and/or parents of the student for damages to personal property.
- Police Notification: In cases involving criminal conduct, District authorities may refer the matter to appropriate law enforcement authorities.
In addition to other penalties provided herein, the principal and/or the Superintendent may deny credit for work done and may also deny the right to make-up an assignment or test for Cheating, Leaving a Final Examination Without Permission, Plagiarism and other misconduct that is related to academic performance.
Students who Bring a Weapon to School.
The minimum period of suspension from school for any student found guilty of bringing a Weapon onto District Property will be at least one calendar year.
The minimum period of suspension from school for any student who is found to have committed a violent act, other than bringing a Weapon onto District Property, shall be five school days.
Students who are Repeatedly Disruptive.
The minimum period of suspension from school for any student who engages in conduct which results in the student being removed from the classroom by teacher(s) on four or more occasions during a semester, shall be one day of in-school suspension.
Reports by Teachers.
All staff members must immediately report and refer a violent student to the principal or the Superintendent for a violation of this Code. 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 making the referral.
Review by Superintendent
The Superintendent may reduce the minimum penalties established above on a case-by-case basis. In deciding whether to modify the penalty, the Superintendent will determine if a lesser suspension period or some other form of discipline may be more effective considering the following:
The student’s age.
The student’s grade in school.
The student’s prior disciplinary record.
Input from parents, teachers and/or others.
Other extenuating circumstances.
The Superintendent shall be responsible for enforcing the conduct required by this Code at District Functions, and may designate other District employees or agents to take action consistent with this Code.
When an individual is committing prohibited conduct that, in the judgment of the Superintendent or his or her designee, does not pose any immediate threat of injury to persons or property, the individual shall be informed that the conduct is prohibited and asked to stop such conduct. The school official shall also warn the individual of the consequences for failing to stop. If the person refused to stop engaging in the prohibited conduct, or if the person’s conduct poses an immediate threat of injury to persons or property, the individual shall be immediately removed from the District Property or the District Function. Students and staff who violate this Code while at a District Function shall be subject to immediate ejection from the District Function. If necessary, local law enforcement authorities will be contacted to assist in removing the person. The District may initiate disciplinary action against any student or staff member, as appropriate. The District may also pursue civil and/or criminal sanctions against any person violating this Code.
Individuals who violate the provisions of Section VI.A of this Code shall be asked to cover or remove the offending item, or to replace it with an acceptable article of clothing. 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 requirements of Section VI.B of this Code shall be subject to further discipline, up to and including out of school suspension. Employees who refuse a request by the building principal to cover, remove or replace an offending item shall be subject to discipline in accordance with law. Visitors who refuse a request by the building principal to cover, remove or replace an offending item shall be subject to removal from District Property or the District Function, as the case may be.
If a student act inappropriately on a bus, the bus driver shall bring such misconduct to the building principal’s attention. Disciplinary measures for misconduct on School Buses will include a principal’s conference with the student, and may also include a principal’s conference with the student’s parent. The principal will take disciplinary action deemed appropriate, up to and including suspension of riding privileges. Building principals are authorized to suspend students from bus riding privileges for extended periods of time when the nature of the offense or the recalcitrance of the student warrants such action. Parents will be informed by the building principal of violations of this Code of disciplinary actions taken.
Any unprovoked attack upon the driver or other passengers, or other action that the student knew or should reasonably have been expected to know would place the safety of the vehicle and its passengers in jeopardy, may result in the indefinite suspension of bus riding privileges.
A student with a disability may be suspended only in accordance with the requirements of state and federal law.
Any person who, while on District Property or at a District Function, wrongfully refuses a valid request or command to desist in any conduct prohibited by this Code shall be ejected from the premises. Persons other than students found in violation of this Code of Conduct shall be subject to criminal and/or civil penalties as provided by law.
Any unauthorized person on District Property will be reported to the school principal. Unauthorized persons will be asked to leave, and the police may be called if the situation warrants.
The authorization of visitors who violate this Code, if any, to remain on District Property or at the District Function shall be withdrawn and they shall be directed to leave the premises. If they refuse to leave, they shall be subject to ejection and to criminal and/or civil penalties as provided by law.
The amount of due process a student is to be afforded before a penalty may be imposed depends on the severity of the penalty. In all cases, the District employee authorized to impose the penalty must inform the student of the misconduct that he or she is alleged to have committed, and must investigate the facts surrounding the alleged misconduct. All students must be given an opportunity to present their version of the facts to the school personnel imposing the penalty. Additional process shall be afforded as follows:
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 detention.
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.
District authorities must balance the need of individual students to attend school and the need to maintain order in the classroom to establish an environment for all students that is 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 violation in “in-school suspension.”
A student subjected to an in-school suspension in 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.
Suspension from school is a severe penalty. Students who face possible suspensions from instruction shall be afforded the procedural protections guaranteed by Education Law § 3214 and applicable Commissioner’s regulations. They shall also be entitled to the following process:
When the principal proposes to suspend a student charged with misconduct for five days or less pursuant to Education Law §3214(3), he or she must immediately notify the student orally and, if the student denies the misconduct, explain the reasons for the proposed suspension. The principal 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 and shall be delivered to 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 parent of the right to request an immediate informal conference with the principal. Both the notice and informal conference shall be in the dominant language or mode of communication used by the parents. At the conference, the parent 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 the 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 Board of Education with the District Clerk within 10 business days of the date of the decision unless they can show extraordinary circumstances precluding them from doing so. Only final decisions of the Board may be appealed to the Commissioner of Education within 30 days of the decision.
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 all rights guaranteed by Education Law §3214.
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 District Property or attending a District Function.
Violations that Warrant a Short-term Suspension.
The procedures set forth in Section VIII.A.4(a) of this Code shall apply in those instances where it is determined that the misconduct of students who are classified as disabled by the Committee on Special Education (“CSE”) does not warrant a suspension in excess of five consecutive school days.
Where it is determined that the acts of misconduct of students classified as disabled by the CSE warrant a suspension of five to ten consecutive school days, the student shall be entitled to a
Superintendent’s hearing and the other protections of Education Law
The following procedures shall apply to students classified as disabled by the CSE where it is determined that their misconduct warrants a suspension of ten or more consecutive days:
The District shall provide the parent with written notice of the Superintendent’s hearing, and the student’s rights at such hearing. At the same time, the District shall provide the parent with written notice of a CSE meeting to be held, if necessary,
to determine whether the student’s misconduct is a manifestation of his or her disability. This notice shall be served at least five days before the CSE meeting. A written notice of procedural safeguards shall be sent to the parent with the notice of the CSE meeting.
Unless waived, a Superintendent’s hearing shall be conducted pursuant to Section 3214 of the Education Law.
The Superintendent’s hearing shall be bifurcated into a guilt phase and a penalty phase. Where the Superintendent’s hearing concludes with a finding that the student has committed a violation of this Code, the Superintendent shall make a threshold finding whether the penalty will exceed 10 consecutive days or will constitute a disciplinary change in placement. If so, the hearing shall be adjourned and the matter shall be forwarded to the CSE to make the required manifestation determination.
The CSE shall determine (I) whether the behavior is a manifestation of the student’s handicapping condition; and (ii) whether changes are necessary in the student’s classification, placement and/or program in order to better meet his or her needs. If the CSE identifies deficiencies in the student’s IEP or placement at this meeting it must take immediate steps to remedy those deficiencies.
Where the CSE determines that the behavior is a manifestation of the student’s disability, appropriate adjustments in the student’s program and/or placement will be made by the CSE.
Where the CSE determines that the behavior in not a manifestation of the student’s disability, the matter will be returned to the Superintendent for the penalty phase of the hearing. At that time, the Superintendent shall consider the student’s special education records and may consider the student’s anecdotal record. (The student’s special education records shall be transmitted to the Superintendent or the hearing officer whether or not the CSE determines that the misconduct is a manifestation of the student’s disability). The Superintendent may then impose disciplinary sanctions in accordance with this Code.
If the Student is suspended for 10 consecutive days or more (or is subjected to separate suspensions and/or removals that constitute a change in placement as provided in 8 NYCRR
§200-1.3 (a)), the CSE must also conduct a functional behavioral assessment and develop a behavioral intervention plan for the student. The CSE shall meet to develop an assessment plan on later that 10 school days after the suspension (or change in placement) commences. If the student already has a behavioral intervention plan, however, the CSE must review the plan and its implementation and modify it as necessary to address the current behavior. The CSE shall prepare the behavioral intervention plan as soon as practicable.
The procedures set forth in Section VIII.B.3 (a) through (g) shall also apply to the discipline of those students classified as CSE as disabled where the student is subjected to a series of removals or suspensions that constitute a pattern because they cumulate to more than 10 school days in a school year; and because of other factors such as:
- the length of each removal or suspension;
- the total amount of time the student is removed or suspended; and
- the proximity of the removals or suspensions to one another.
The District need not provide educational services to students with disabilities who are suspended or removed from the classroom for 10 days or less so long as such services are not provided to students without disabilities who have been similarly disciplined. Therefore, during suspensions or removals of 10 days or less, the District need only provide the student with alternate instruction, not the services listed in the student’s IEP.
Where the suspension or removal is for 10 or more consecutive days (or is subjected to separate suspensions and/or removals that constitute a change in placement as provided in 8 NYCRR §200-1.10 (c)), the District must provide services to the extent necessary to enable the student to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set forth in the student’s IEP. The building principal, Superintendent, or other school officials imposing the suspension or removal shall determine, in consultation with the student’s special education teacher, the extent to which services are necessary to enable the student to appropriately progress in the general curriculum and appropriately advance toward achieving goals set out in the student’s IEP.
The following procedures shall apply to the discipline of those students classified as disabled by the CSE in instances where the student has engaged in behavior involving Weapons, Illegal Drugs or Illegal Substances:
Where the hearing concludes with a finding that the student has committed a violation of this Code, the Superintendent may order a change in placement to an interim alternative education setting (“IAES”) for up to 45 days and refer the matter to the CSE to identify an appropriate IAES.
The CSE must also conduct a functional behavioral assessment and develop a behavioral intervention plan for the student. The CSE shall meet to develop an assessment plan no later than 10 school days after a student’s change in placement to an IEAS for a Weapon or Illegal Drug violation.
If the student already has a behavioral intervention plan, however, the CSE must review the plan and its implementation and modify it as necessary to address the current behavior. The CSE shall prepare the behavioral intervention plan as soon as practicable.
Even where the CSE determines that the student’s behavior is a manifestation of the student’s disability, the Superintendent may order a change in the student’s placement to an IAES for up to 45 day.
The following procedures shall apply to the discipline of those students classified as disabled by the CSE in instances where the student’s conduct is substantially likely to result in injury to the student or to others:
Within 10 days of the hearing officer’s decision, the CSE must conduct a manifestation determination. The District shall provide the parent with appropriate written notice of a CSE meeting to be held to conduct a manifestation review at least five days before the CSE meeting. A written notice of procedural safeguards shall be sent to the parent with the notice of CSE meeting. If the CSE identifies deficiencies in the student’s IEP or placement at this meting, it must take immediate steps to remedy those deficiencies.
The procedures relative to alleged infraction of this Code governing student conduct on school buses are as follows:
A student subject 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 to discuss the conduct and the penalty involved.
In the event the suspension from transportation amounts to a suspension from attendance, the student will be entitled to a hearing pursuant to Education Law §3214 before the suspension exceed five school days.
In cases of improper student conduct on school buses, drivers will discuss the situation with the offending student(s) and will complete a Bus Behavior Referral and forward the same to the building principal.
The principal will attempt to assure that the offending student understands the nature and potential consequences of his or her actions.
In administering disciplinary measures, building principals will consider the nature of the infraction, the age of the student, and the student’s history of behavior in school and on school buses.
Where a student’s riding privileges have been suspended, the student’s parent will be responsible for seeing that the student gets to and from school safely.
A student and parent may voluntarily and knowingly waive his or her right to a Superintendent’s hearing under Education Law §3214. In this regard, the District’s administration is directed to promulgate a regulation to establish the procedures for a waiver and to develop a waiver form that meets the requirements set forth in the Commissioner’s decision in Appeal of McMahon, 38 Ed. Dept. Rep. 22 (1998).
Tenured faculty members shall be subjected to disciplinary action as the facts may warrant in accordance with Education Law §3020-a, and any other legal rights that they may be entitled to.
Civil Service employees who are entitled to the protections of Civil Service Law §75 shall be subject to charges as the facts may warrant. Said charges will be filed and prosecuted pursuant to said statue, and in accordance with any other legal rights they may be entitled to.
Other staff members shall be subject to warning, reprimand, suspension or dismissal as the facts may warrant in accordance with any legal rights they may be entitled to.
Any District employee, whose conduct on District Property or at a District Function disrupts academic or other school activities or threatens the welfare of the person or property of others, shall be subject to immediate ejection and to disciplinary action as the facts may warrant in accordance with any legal rights that they may be entitled to.
The following procedures shall apply procedurally to violations of this Code by non-students:
Appeals from all decisions of the Superintendent relative to the Code shall be taken to the Board. All appeals shall be made in writing and shall set forth the decision appealed from and the grounds for the appeal. The written appeal shall be filed with the District Clerk no later than ten (10) business days from the date of the decision which the subject of said appeal, unless the party appealing can show that extraordinary circumstances prevented the timely filing of the appeal. The Board may adopt in whole or in part the decision of the Superintendent and will make its decision in writing. The Board’s decision shall be based solely upon the record before it.
Final decisions of the Board may be appealed to the Commissioner of Education within 30 days of the decision.
A disruptive student impairs a teacher’s ability to teach and interferes with the ability of other students in the classroom to learn. The Board expects that, in most instances, the classroom teacher will be able to control disruptive student behavior by using good management techniques. Occasionally, however, it may be necessary for a teacher to remove a disruptive student from the classroom to ensure that the other students can continue to learn. For purposes of this Section X, “removal” shall have the meaning set forth in Section IV.A.14 of the Code.
A classroom teacher may remove a student from class for up to 1 day if the teacher determines that the student is a “disruptive student.” The removal from class applies to the class of the removing teacher only.
Immediate Conference with the Student.
If the student does not pose a danger or ongoing threat of disruption to the academic process, the teacher must explain to the student, before the student is remove, why he or she is being removed from the class. The student must also be given the opportunity to present his or her version of the relevant events. Only after this informal discussion may a teacher remove a student from class.
If the student poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, the teacher may order the student to be removed immediately. In this event, the teacher must 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 of the time of removal.
Teacher’s Meeting with the Principal.
The teacher must complete a removal form and meet with the principal as soon as possible, but no later that the end of the school day, to explain the circumstances of the removal and to present the removal form. If the principal is not available by the end of the same day, the teacher must leave the removal form with the secretary and meet with the principal 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. The notice must explain the reason(s) for the removal and 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 and behavior modification(s) to remedy the cause of the removal.
The written notice must be delivered personally to the parent or sent by express mail addressed to the last know address for the parent, or by some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the student’s removal. Notice should also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting parents.
If the student denies the charges at the informal meeting, 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 the mutual agreement of the parent, teacher, and principal.
The principal or the principal’s designee may overturn the removal of the student from class if the principal finds the (a) the charges against the student are not support by substantial evidence, or (b) the student’s removal is otherwise in violation of law, or (c) the conduct warrants suspension from school pursuant to Education Law §3214, and a suspension will be imposed.
The principal or his or her designee must make a determination as to whether to overturn the removal before the close of business on the day after the day of the informal hearing. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the principal makes a final determination, or the period of removal expires, whichever is less. At the teacher’s discretion, he or she may rescind the removal prior to the expiration of the full period of removal.
Any disruptive student removed from the classroom by the classroom teacher shall be offered the continued educational program and other activities of the class until he or she is permitted to return to the classroom.
Each teacher must keep a complete record of all actions related to a student’s removal from his or her class on the District’s Removal Form. The principal must also keep a record of all actions he or she takes with respect to a student who is removed from class in accordance with this Section of the Code.
Removal of a student with a disability may, under certain circumstances, constitute a change in the student’s placement. For that reason, 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.
The building principal must immediately notify the Superintendent of those Code violations that constitute a crime and substantially affect the order or security of a school. The Superintendent is to inform the appropriate local law enforcement agency as soon as practical, but in no event later than the close of business on the day the Superintendent learns of the violation. The notification may be made by telephone, followed by a letter mailed on the same day. The notification must identify the student(s) and explain the conduct that violated the Code and constituted a crime.
The District will immediately confiscate any weapons, alcohol or illegal substances possessed by a student and will notify the parent of the student involved of the incident. Appropriate disciplinary action will be taken, up to and including permanent suspension and referral for criminal prosecution.
The Superintendent shall refer any student who is determined to have brought a weapon to school who is under the age of 16, or who is 14 or 15 years old and does not qualify for juvenile offender status under the Criminal Procedure Law to the County Attorney for a juvenile delinquency proceeding before the Family Court.
The Superintendent shall refer a student over the age of 16 and any student 14 or 15 years old who qualifies for juvenile offender status to the appropriate law enforcement authorities for prosecution. Students 14 or 15 years old who qualify for juvenile offender status under §1.20 of the Criminal Procedure law include those who possess a concealed firearm, machine-gun or loaded firearm on school grounds. The Superintendent may consult the District counsel if he or she has any questions as to whether the student in question does qualify for juvenile offender status.
The Superintendent shall make a referral of a student discipline case to an appropriate human service agency whenever, in his or her judgement, the same is warranted. The Superintendent may receive and consider the recommendations of the student’s principal, teachers, counselor, school psychologist and other pupil services personnel familiar with the student in deciding whether to make such a referral and, if so, to which agency. The parent of the student shall be informed of this referral.
The following educational program shall be utilized as appropriate to meet the individual needs of students:
When a student of any age is removed from class by a teacher pursuant to §X of this Code and when a student of compulsory school age is suspended from school pursuant to Education Law §3214, the District will take immediate steps to provide the student with adequate alternative instruction.
The Board will provide in-service education programs for all District staff members to ensure the effective implementation of this Code. 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.
This Code shall be filed in each school building, and shall be available for review by any individual.
This Code shall be reviewed by the Board on an annual basis and shall be amended when appropriate. 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. The committee will be made up of representatives of student, teacher, administrator, and parent organizations, school safety personnel and other school personnel.
Before making any revisions to the Code, the Board will hold at least one public hearing at which school personnel, parents, students and any other interested party may participate. Any amendments to the Code will be filed with the Commissioner of Education no later than 30 days after adoption.
When any period of time for an act to be done under this Code ends on a Saturday, Sunday or a public holiday, such act may be done on the next succeeding business day and, if the period ends at a specified hour, such act may be done at or before the same hour of such next succeeding business day.
Nothing in this Code abridges the customary right and responsibility of a teacher to manage student behavior in the classroom. Short-term, time-honored classroom management techniques such as “time out” in an elementary classroom or in an administrator’s office or sending students briefly into the hallway are not considered removals from class. The removal process should not become a substitute for good classroom management.
Nothing in this Code abridges the customary right or responsibility of a principal to suspend a student when, in the judgement of the principal, the student’s conduct warrants the same.
To the extent that any provision of this Code conflicts with any District rule, regulation or policy, the provision of this Code shall be controlling.
These rules and regulations and the penalties imposed hereunder shall not be deemed exclusive, nor as a limitation, waiver, or extinguishment of the District’s right to utilize other available legal remedies against persons who violate this Code. The District may take additional or legal action, as it deems appropriate or necessary to maintain public order.
Approved by the Board of Education: , 2001