CODE
OF CONDUCT
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 disruptive of the educational process or 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, as defined in Vehicle and Traffic Law §142.
“School function” means any school-sponsored extra-curricular event or activity.
“Violent student” means a student under the age of 21 who:
- Commits an act of violence upon a school employee, or attempts to do so.
- 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.
- Possesses, while on school property or at a school function, a weapon.
- Displays, while on school property or at a school function, what appears to be a weapon.
- Threatens, while on school property or at a school function, to use a weapon.
- 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.
- 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.
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:
- Take part in all district activities on an equal basis regardless of race, color, creed, national origin, religion, gender or sexual orientation or disability.
- Present their version of the relevant events to school personnel authorized to impose a disciplinary penalty in connection with the imposition of the penalty.
- Access school rules and, when necessary, receive an explanation of those rules from school personnel.
B.
Student Responsibilities
All district students have the responsibility to:
1. Contribute to maintaining a safe and orderly school environment that is conducive to learning and to show respect to other persons and to property.
2. Be familiar with and abide by all district policies, rules and regulations dealing with student conduct.
3. Attend school every day unless they are legally excused and be in class, on time, and prepared to learn.
4. Work to the best of their ability in all academic and extracurricular pursuits and strive toward their highest level of achievement possible.
5. React to direction given by teachers, administrators and other school personnel in a respectful, positive manner.
6. Work to develop strategies to positively express emotion.
7. Ask questions when they do not understand.
8. Seek help in solving problems that might lead to discipline.
9. Dress appropriately for school and school functions.
10. Accept responsibility for their actions.
11. Conduct themselves as representatives of the district when participating in or attending school-sponsored extracurricular events and to hold themselves to the highest standards of conduct, demeanor, and sportsmanship.
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 any school employee.
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 building principal or his or her designee must notify the director of security who will, when appropriate, notify 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. The notification to law enforcement may be made by telephone, followed by a letter, when appropriate, and 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.
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.
A. Penalties
Students who are found to have violated the district’s code of conduct may be subject to the following penalties, either alone or 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 warning – bus drivers, hall and lunch monitors, coaches, guidance counselors, teachers, principal, superintendent.
3. Written notification to parent – bus driver, hall and lunch monitors, coaches, guidance counselors, teachers, principal, superintendent.
4. Detention – teachers, principal, superintendent.
5. Suspension from transportation – director of transportation, school administrators, superintendent.
6. Suspension from athletic participation – coaches, school administrators, athletic director, superintendent.
7. Suspension from social or extracurricular activities - school administrators, superintendent.
8. Suspension of other privileges – school administrators, superintendent.
9. In-school suspension – school administrators, superintendent.
10. Removal from classroom by teacher – teachers, school administrators.
11. Short-term (five days or less) suspension from school – principal, superintendent, board of education.
12. Long-term (more than five days) suspension from school – superintendent, board of education.
13. Permanent suspension from school – superintendent, board of education.
B. Procedures
The amount of due process a student is entitled to 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 or written notification to their parents are entitled to additional rights before the penalty is imposed. These additional rights are explained below.
1. Detention
Teachers, principals and the superintendent may use after-school detention as a penalty for student misconduct in situations where removal from the classroom or suspension would be inappropriate. The Board of Education believes that detention is an effective method of discipline for students. A student who violates the student disciplinary code may be assigned detention by a school administrator or teacher. A teacher or staff member is responsible for making his/her arrangements for his/her assigned detentions. When a student is assigned detention, the district should attempt to notify the parent(s)/guardian(s) of the student. Furthermore, the district will ensure that the student has transportation home.
2. Suspension from transportation
If a student does not conduct himself/herself properly on a bus, the bus driver is expected to bring such misconduct to the building 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 family not be able to provide alternate transportation the district will provide alternate education for the period of suspension.
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.
3. Suspension from athletic participation, extra-curricular activities and other privileges
A student subjected to a suspension from athletic participation, extra-curricular activities or other privileges is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the district official imposing the suspension to discuss the conduct and the penalty involved.
4. In-school suspension
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.
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.
5. Teacher disciplinary removal of disruptive students
A student’s behavior can affect a teacher’s ability to teach and can make it difficult for other students in the classroom to learn. In most cases 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 to the principal’s office for the remainder of the class time only; or (3) 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.
However:
On occasion, a student’s behavior may become disruptive. For purposes of this code of conduct, a disruptive student is a student who is disruptive of the educational process or interferes with the teacher’s authority over the classroom. A disruption of the educational process or 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 as outlined in, but not limited to, Section VI of this policy.
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 form as soon as possible prior to the end of that class period if at all possible. The teacher must meet with the principal or his or her designee as soon as possible, but no later than the end of the school day, to explain the circumstances of the removal. If the principal or designee is not available 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 may 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 will 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, when scheduled during the teacher's normal workday.
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 alternative continued educational programming and activities until he or she is permitted to return to the classroom. A removed student may not be temporarily placed in a regular teacher's classroom. Appropriate classwork must be provided for the removed student by the removing teacher.
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 or his/her designee 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, after 5 days of removal a manifestation hearing will be conducted. If the removals are not the result of a student's handicapping condition, said removals are not considered a change of placement.
6. Suspension from school
Suspension from school is a severe penalty, which may be imposed only upon students who are insubordinate, disorderly, violent or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others.
The board retains its authority to suspend students, but places primary responsibility for the suspension of students with the superintendent and the building principals.
Any staff member may recommend to the superintendent or the principal that a student be suspended. All staff members must immediately report and refer a violent student to the principal or the superintendent for a violation of the code of conduct. All recommendations and referrals shall be made in writing unless the conditions underlying the recommendation or referral warrant immediate attention. In such cases a written report is to be prepared as soon as possible by the staff member recommending the suspension.
The superintendent or principal, upon receiving a recommendation or referral for suspension or when processing a case for suspension, shall gather the facts relevant to the matter and record them for subsequent presentation, if necessary.
a. Short-term (5 days or less) suspension from school
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 confer¬ence, 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 ten 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.
b. Long-term (more than 5 days) suspension from school
When the superintendent determines that a suspension for more than five days may be warranted, he or she shall give reasonable notice to the student and the student’s parents of their right to a fair hearing. At the hearing the student shall have the right to be represented by counsel, the right to question witnesses against him or her and the right to present witnesses and other evidence on his or her behalf.
The superintendent shall personally hear and determine the proceed¬ing or may, in his or her discretion, designate a hearing officer to conduct the hearing. The hearing officer shall be authorized to admin¬ister oaths and to issue subpoenas in conjunction with the proceeding before him or her. A record of the hearing shall be maintained, but no steno¬graphic 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 in part the decision of the superintendent. Final decisions of the board may be appealed to the Commissioner within 30 days of the decision.
c. Permanent suspension
Permanent suspension is reserved for extraordinary circumstances such as where a student’s conduct poses a 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.
C. Minimum Periods of Suspension
1. Students who bring a weapon to school
Any student, other than a student with a disability, found guilty of bringing a weapon onto school property will be subject to suspension from school for at least one calendar year. Before being suspended, the student will have an opportunity for a hearing pursuant to Education Law §3214. The superintendent has the authority to modify the 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.
2. Students who commit violent acts other than bringing a weapon to school
Any student who is found to have committed a violent act, other than bringing a weapon onto school property, shall be subject to suspension from school for at least five days. If the proposed penalty is the minimum 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.
3. Students who are repeatedly substantially disruptive of the educational process or repeatedly substantially interferes with the teacher’s authority over the classroom
Any student who repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom will be suspended from school for at least two days. For purposes of this code of conduct, “repeatedly is substantially disruptive” means engaging in conduct that results in the student being removed from the classroom by teacher(s) pursuant to Education Law §3214(3-a) and this code on four or more occasions during a semester. If the proposed penalty is the minimum five-day suspension, the student and the student’s parent will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed penalty exceeds a five-day suspension, the student and the student’s parent will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The superintendent has the authority to modify the 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.
D. Referrals
1. Counseling
The Guidance Office & the Office of Student Services shall handle all referrals of students for counseling.
2. PINS Petitions
The district may file a PINS (person in need of supervision) petition in Family Court on any student under the age of 18 who demonstrates that he or she requires supervision and treatment by:
a. Being habitually truant and not attending school as required by part one of Article 65 of the Education Law.
b. Engaging in an ongoing or continual course of conduct which makes the student ungovernable, or habitually disobedient and beyond the lawful control of the school.
c. Knowingly and unlawfully possesses marijuana in violation of Penal Law § 221.05. A single violation of § 221.05 will be a sufficient basis for filing a PINS petition.
3. Juvenile Delinquents and Juvenile Offenders
The superintendent is required to refer the following students to the County Attorney for a juvenile delinquency proceeding before the Family Court:
a. Any student under the age of 16 who is found to have brought a weapon to school, or
b. Any student 14 or 15 years old who qualifies for juvenile offender status under the Criminal Procedure Law §1.20 (42).
The superintendent is required to refer students age 16 and older or any student 14 or 15 years old who qualifies for juvenile offender status to the appropriate law enforcement authorities.
When a student of any age is removed from class by a teacher or a student of compulsory attendance age is suspended from school pursuant to Education Law §3214, the district will take immediate steps to provide alternative means of instruction for the student.
The board recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities to address disruptive or problem behavior. The board also recognizes that students with disabilities enjoy certain procedural protections whenever school authorities intend to impose discipline upon them. The board is committed to ensuring that the procedures followed for suspending, removing or otherwise disciplining students with disabilities are consistent with the procedural safeguards required by applicable laws and regulations.
This code of conduct affords students with disabilities subject to disciplinary action no greater or lesser rights than those expressly afforded by applicable federal and state law and regulations.
A. Authorized Suspensions or Removals of Students with Disabilities
1. For purposes of this section of the code of conduct, the following definitions apply.
A “suspension” means a suspension pursuant to Education Law § 3214.
A “removal” means a removal for disciplinary reasons from the student’s current educational placement other than a suspension and change in placement to an interim alternative educational setting (IAES) ordered by an impartial hearing officer because the student poses a risk of harm to himself or herself or others.
An “IAES” means a temporary educational placement for a period of up to 45 days, other than the student’s current placement at the time the behavior precipitating the IAES placement occurred, that enables the student to continue to progress in the general curriculum, although in another setting, to continue to receive those services and modifications, including those described on the student’s current individualized education program (IEP), that will enable the student to meet the goals set out in such IEP, and include services and modifications to address the behavior which precipitated the IAES placement that are designed to prevent the behavior from recurring.
2. School personnel may order the suspension or removal of a student with a disability from his or her current educational placement as follows:
a. The Board, the district (BOCES) superintendent of schools or a building principal may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed five consecutive school days and not to exceed the amount of time a non-disabled student would be subject to suspension for the same behavior.
b. The superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for up to 10 consecutive school days, inclusive of any period in which the student has been suspended or removed under subparagraph (a) above for the same behavior, if the superintendent determines that the student has engaged in behavior that warrants a suspension and the suspension or removal does not exceed the amount of time non-disabled students would be subject to suspension for the same behavior.
c. The superintendent may order additional suspensions of not more than 10 consecutive school days in the same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.
d. The superintendent may order the placement of a student with a disability in an IAES to be determined by the Committee on Special Education (CSE), for the same amount of time that a student without a disability would be subject to discipline, but not more than 45 days, if the student carries or possesses a weapon to school or to a school function, or the student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function.
1) “Weapon” means the same as “dangerous weapon” under 18 U.S.C. § 930(g)(w) which includes “a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except...[for] a pocket knife with a blade of less than 2 1/2 inches in length.”
2) “Controlled substance” means a drug or other substance identified in certain provisions of the federal Controlled Substances Act specified in both federal and state law and regulations applicable to this policy.
3) “Illegal drugs” means a controlled substance except for those legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or any other federal law.
3. Subject to specified conditions required by both federal and state law and regulations, an impartial hearing officer may order the placement of a student with a disability in an IAES setting for up to 45 days at a time, if maintaining the student in his or her current educational placement poses a risk of harm to the student or others.
B. Change of Placement Rule
1. A disciplinary change in placement means a suspension or removal from a student’s current educational placement that is either:
a. for more than 10 consecutive school days; or
b. for a period of 10 consecutive school days or less if the student is subjected to a series of suspensions or removals that constitute a pattern because they cumulate to more than 10 school days in a school year and because of such factors as the length of each suspension or removal, the total amount of time the student is removed and the proximity of the suspensions or removals to one another.
2. School personnel may not suspend or remove a student with disabilities if imposition of the suspension or removal would result in a disciplinary change in placement based on a pattern of suspension or removal.
However, the district may impose a suspension or removal, which would otherwise result in a disciplinary change in placement, based on a pattern of suspensions or removals if the CSE has determined that the behavior was not a manifestation of the student’s disability, or the student is placed in an IAES for behavior involving weapons, illegal drugs or controlled substances.
C. Special Rules Regarding the Suspension or Removal of Students with Disabilities
1. The district’s Committee on Special Education shall:
a. Conduct functional behavioral assessments to determine why a student engages in a particular behavior, and develop or review behavioral intervention plans whenever the district is first suspending or removing a student with a disability for more than 10 school days in a school year or imposing a suspension or removal that constitutes a disciplinary change in placement, including a change in placement to an IAES for misconduct involving weapons, illegal drugs or controlled substances.
If subsequently, a student with a disability who has a behavioral intervention plan and who has been suspended or removed from his or her current educational placement for more than 10 school days in a school year is subjected to a suspension or removal that does not constitute a disciplinary change in placement, the members of the CSE shall review the behavioral intervention plan and its implementation to determine if modifications are necessary.
If one or more members of the CSE believe that modifications are needed, the school district shall convene a meeting of the CSE to modify such plan and its implementation, to the extent the committee determines necessary.
b. Conduct a manifestation determination review of the relationship between the student’s disability and the behavior subject to disciplinary action whenever a decision is made to place a student in an IAES either for misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension that constitutes a disciplinary change in placement.
2. The parents of a student who is facing disciplinary action, but who has not been determined to be eligible for services under IDEA and Article 89 at the time of misconduct, shall have the right to invoke applicable procedural safeguards set forth in federal and state law and regulations if, in accordance with federal and state statutory and regulatory criteria, the school district is deemed to have had knowledge that their child was a student with a disability before the behavior precipitating disciplinary action occurred. If the district is deemed to have had such knowledge, the student will be considered a student presumed to have a disability for discipline purposes.
a. The superintendent, building principal or other school official imposing a suspension or removal shall be responsible for determining whether the student is a student presumed to have a disability.
b. A student will not be considered a student presumed to have a disability for discipline purposes if, upon receipt of information supporting a claim that the district had knowledge the student was a student with a disability, the district either:
1) conducted an individual evaluation and determined that the student is not a student with a disability, or
2) determined that an evaluation was not necessary and provided notice to the parents of such determination, in the manner required by applicable law and regulations.
If there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other non-disabled student who engaged in comparable behaviors.
However, if a request for an individual evaluation is made while such non-disabled student is subjected to a disciplinary removal, an expedited evaluation shall be conducted and completed in the manner prescribed by applicable federal and state law and regulations. Until the expedited evaluation is completed, the non-disabled student who is not a student presumed to have a disability for discipline purposes shall remain in the educational placement determined by the district, which can include suspension.
3. The district shall provide parents with notice of disciplinary removal no later than the date on which a decision is made to change the placement of a student with a disability to an IAES for either misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his/her current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension or removal that constitutes a disciplinary change in placement.
The procedural safeguards notice prescribed by the Commissioner shall accompany the notice
of disciplinary removal.
4. The parents of a student with disabilities subject to a suspension of five consecutive school days or less shall be provided with the same opportunity for an informal conference available to parents of non-disabled students under the Education Law.
5. Superintendent hearings on disciplinary charges against students with disabilities subject to a suspension of more than five school days shall be bifurcated into a guilt phase and a penalty phase in accordance with the procedures set forth in the Commissioner’s regulations incorporated into this code.
6. The removal of a student with disabilities other than a suspension or placement in an IAES shall be conducted in accordance with the due process procedures applicable to such removals of non-disabled students, except that school personnel may not impose such removal for more than 10 consecutive days or for a period that would result in a disciplinary change in placement, unless the CSE has determined that the behavior is not a manifestation of the student’s disability.
7. During any period of suspension or removal, including placement in an IAES, students with disabilities shall be provided services as required by the Commissioner’s regulations incorporated into this code.
D. Expedited Due Process Hearings
1. An expedited due process hearing shall be conducted in the manner specified by the Commissioner’s regulations incorporated into this code, if:
a. The district requests such a hearing to obtain an order of an impartial hearing officer placing a student with a disability in an IAES where school personnel maintain that it is dangerous for the student to be in his or her current educational placement, or during the pendency of due process hearings where school personnel maintain that it is dangerous for the student to be in his or her current educational placement during such proceedings.
b. The parent requests such a hearing from a determination that the student’s behavior was not a manifestation of the student’s disability, or relating to any decision regarding placement, including but not limited to any decision to place the student in an IAES.
1) During the pendency of an expedited due process hearing or appeal regarding the placement of a student in an IAES for behavior involving weapons, illegal drugs or controlled substances, or on grounds of dangerousness, or regarding a determination that the behavior is not a manifestation of the student’s disability for a student who has been placed in an IAES, the student shall remain in the IAES pending the decision of the impartial hearing officer or until expiration of the IAES placement, whichever occurs first, unless the parents and the district agree otherwise.
2) If school personnel propose to change the student’s placement after expiration of an IAES placement, during the pendency of any proceeding to challenge the proposed change in placement, the student shall remain in the placement prior to removal to the IAES, except where the student is again placed in an IAES.
2. An expedited due process hearing shall be completed within 15 business days of receipt of the request for a hearing. Although the impartial hearing officer may grant specific extensions of such time period, he or she must mail a written decision to the district and the parents within five business days after the last hearing date, and in no event later than 45 calendar days after receipt of the request for a hearing, without exceptions or extensions.
E. Referral to law enforcement and judicial authorities
In accordance with the provisions of IDEA and its implementing regulations:
1. The district may report a crime committed by a child with a disability to appropriate authorities, and such action will not constitute a change of the student’s placement.
2. The superintendent shall ensure that copies of the special education and disciplinary records of a student with disabilities are transmitted for consideration to the appropriate authorities to whom a crime is reported.
The board of education asserts that corporal punishment is not an acceptable method of enforcing decorum, order or discipline, and that corporal punishment is contrary to the purposes of education. The board prohibits the use of corporal punishment by district employees.
1. No teacher, administrator, officer, employee or agent in the district shall use corporal punishment against a student.
2. As used in this section, corporal punishment is defined as the use of physical force for the purpose of punishing a student, except as otherwise provided in subdivision 3.
3. Nothing contained in this section shall be construed to prohibit the use of reasonable physical force to restrain or remove a student whose behavior is interfering with the orderly exercise and performance of district functions, powers or duties, if that student has refused to comply with a request to refrain from further disruptive acts. It may also be used for the following purposes:
a. to protect oneself from physical injury;
b. to protect another student or teacher or any other person from physical injury; or
c. to protect the property of the school district or another.
The above exceptions are permissible, provided that alternative procedures and methods not involving the use of physical force cannot reasonably be employed to achieve the same purposes. Alternative procedures and methods not involving the use of physical force include:
a. the use of language which reduces hostility;
b. issuing clear directions to the offending student;
c. explaining the consequences of the student’s actions to the student; and
d. enlisting the aid of another district employee.
4. With respect to any and all incidents involving the use of physical force by a district employee, the district employee shall ensure that:
a. the dignity and integrity of the employee and his/her profession are maintained; and
b. the rights of the student have not been violated.
5. Whenever an incident has occurred during which a district employee has had physical contact in any way that could be construed as physical force or corporal punishment, the district employee must give a full, clear, factual and objective report of the incident to the Building Principal, who will require that exhibit 5314-E be completed.
6. A student who has been subjected to physical force by a district employee or the parent(s)/guardian(s) of such a student may file a grievance in accordance with the procedures outlined in the district’s student grievance regulation (5311.3-R).
Investigation of Complaints
Any claim about the use of corporal punishment shall be submitted in writing by the complainant to the superintendent of schools. This written complaint will be forwarded to the School Attorney within seven school days. The superintendent or designee shall investigate the complaint to determine whether an incident actually took place, and if so, to determine the identity of the person or persons who administered the corporal punishment, the identity of the student or students involved, reasons for the action and any other relevant facts or circumstances.
Results of this investigation will be forwarded to the School Attorney upon completion of the investigation.
Reports to Commissioner of Education
Reports shall be submitted to the Commissioner of Education on or before January 15 and July 15 of each year concerning complaints about the use of corporal punishment during the six-month reporting period. Such reports shall set forth the substance of each complaint, the results of the investigation and the action, if any, by the district.
The board of education is committed to ensuring an atmosphere on school property and at school functions that is safe and orderly. To achieve this kind of environment, any school official authorized to impose a disciplinary penalty on a student may question a student about an alleged violation of law or the district code of conduct. Students are not entitled to any sort of “Miranda”-type warning before being questioned by school officials, nor are school officials required to contact a student’s parent before questioning the student. However, school officials will tell all students why they are being questioned.
In addition, the board authorizes the superintendent, building administrators and district security officials to conduct searches of students and their belongings if the authorized school official has reasonable suspicion to believe that the search will result in evidence that the student violated the law or the district code of conduct.
An authorized school official may conduct a search of a student’s belongings that is minimally intrusive, such as touching the outside of a book bag, without reasonable suspicion, so long as the school official has a legitimate reason for the very limited search.
An authorized school official may search a student or the student’s belongings based upon information received from a reliable informant. Individuals, other than the district employees, will be considered reliable informants if they have previously supplied information that was accurate and verified, or they make an admission against their own interest, or they provide the same information that is received independently from other sources, or they appear to be credible and the information they are communicating relates to an immediate threat to safety. District employees will be considered reliable informants unless they are known to have previously supplied information that they knew was not accurate.
Before searching a student or the student’s belongings, the authorized school official should attempt to get the student to admit that he or she possesses physical evidence that they violated the law or the district code, or get the student to voluntarily consent to the search. Searches will be limited to the extent necessary to locate the evidence sought.
Whenever practicable, searches will be conducted in the privacy of administrative offices and students will be present when their possessions are being searched.
A. Student Lockers, Desks and other School Storage Places
The rules in this code of conduct regarding searches of students and their belongings do not apply to student lockers, desks and other school storage places. Students have no reasonable expectation of privacy with respect to these places and school officials retain complete control over them. This means that student lockers, desks and other school storage places may be subject to search at any time by school officials, without prior notice to students and without their consent.
B. Strip Searches
A strip search is a search that requires a student to remove any or all of his or her clothing, other than an outer coat or jacket. If an authorized school official believes it is necessary to conduct a strip search of a student, the school official may do so only if the search is authorized in advance by the superintendent or the school attorney. The only exception to this rule requiring advanced authorization is when the school official believes there is an emergency situation that could threaten the safety of the student or others.
Strip searches may only be conducted by an authorized school official of the same sex as the student being searched and in the presence of another district professional employee who is also of the same sex as the student.
In every case, the school official conducting a strip search must have probable cause – not simply reasonable cause – to believe the student is concealing evidence of a violation of law or the district code. In addition, before conducting a strip search, the school official must consider the nature of the alleged violation, the student’s age, the student’s record and the need for such a search.
School officials will attempt to notify the student’s parent by telephone before conducting a strip search, or in writing after the fact if the parent could not be reached by telephone.
C. Documentation of Searches
The authorized school official conducting the search shall be responsible for promptly recording the following information about each search:
1. Name, age and grade of student searched.
2. Reasons for the search.
3. Name of any informant(s).
4. Purpose of search (that is, what item(s) were being sought).
5. Type and scope of search.
6. Person conducting search and his or her title and position.
7. Witnesses, if any, to the search.
8. Time and location of search.
9. Results of search (that is, what items(s) were found).
10. Disposition of items found.
11. Time, manner and results of parental notification.
The building principal or the principal’s designee shall be responsible for the custody, control and disposition of any illegal or dangerous item taken from a student. The principal or his or her designee shall clearly label each item taken from the student and retain control of the item(s), until the items is turned over to the police. The principal or his or her designee shall be responsible for personally delivering dangerous or illegal items to police authorities.
D. Police Involvement in Searches and Interrogations of Students
District officials are committed to cooperating with police officials and other law enforcement authorities to maintain a safe school environment. Police officials, however, have limited authority to interview or search students in schools or at school functions, or to use school facilities in connection with police work. Police officials may enter school property or a school function to question or search a student or to conduct a formal investigation involving students only if they have:
1. A search or an arrest warrant; or
2. Probable cause to believe a crime has been committed on school property or at a school function; or
3. Been invited by school officials.
Before police officials are permitted to question or search any student, the building principal or his or her designee shall first try to notify the student’s parent to give the parent the opportunity to be present during the police questioning or search. If the student’s parent cannot be contacted prior to the police questioning or search, the questioning or search shall not be conducted. The principal or designee will also be present during any police questioning or search of a student on school property or at a school function.
Students who are questioned by police officials on school property or at a school function will be afforded the same rights they have outside the school. This means:
1. They must be informed of their legal rights.
2. They may remain silent if they so desire.
3. They may request the presence of an attorney.
E. Child Protective Services Investigations
Consistent with the district’s commitment to keep students safe from harm and the obligation of school officials to report to child protective services when they have reasonable cause to suspect that a student has been abused or maltreated, the district will cooperate with local child protective services workers who wish to conduct interviews of students on school property relating to allegations of suspected child abuse, and/or neglect, or custody investigations.
All requests by child protective services to interview a student on school property shall be made directly to building principal or his or her designee. The principal or his or her designee shall set the time and place of the interview. The principal or designee shall decide if it is necessary and appropriate for a school official to be present during the interview, depending on the age of the student being interviewed and the nature of the allegations. If the nature of the allegations is such that it may be necessary for the student to remove any of his or her clothing in order for the child protective services worker to verify the allegations, the school nurse or other district medical personnel must be present during that portion of the interview. No student may be required to remove his or her clothing in front of a child protective services worker or school district official of the opposite sex.
A child protective services worker may not remove a student from school property without a court order, unless the worker reasonably believes that the student would be subject to danger of abuse if he or she were not removed from school before a court order can reasonably be obtained. If the worker believes the student would be subject to danger of abuse, the worker may remove the student without a court order and without the parent’s consent.
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. Since schools are a place of work and learning, however, certain limits must be set for such visits. The building principal or his or her designee is responsible for all persons in the building and on the grounds. For these reasons, the following rules apply to visitors to the schools:
1. Anyone who is not a regular staff member or student of the school will be considered a visitor.
2. All visitors to the school must report to the office of the principal upon arrival at the school. There they will be required to sign the visitor’s register and will be issued a visitor’s identification badge, which must be worn at all times while in the school or on school grounds. The visitor must return the identification badge to the principal’s office before leaving the building.
3. Visitors attending school functions that are open to the public, such as parent-teacher organization meetings or public gatherings, are not required to register.
4. Parents or citizens who wish to observe a classroom while school is in session are required to arrange such visits in advance with the classroom teacher(s) and/or the building principal, so that class disruption is kept to a minimum.
5. Teachers are expected not to take class time to discuss individual matters with visitors.
6. Any unauthorized person on school property will be reported to the principal or his or her designee. Unauthorized persons will be asked to leave. The district security or the police may be called if the situation warrants.
7. All visitors are expected to abide by the rules for public conduct on school property contained in this code of conduct.
The district is committed to providing an orderly, respectful environment that is conducive to learning. To create and maintain this kind of an environment, it is necessary to regulate public conduct on school property and at school functions. For purposes of this section of the code, “public” shall mean all persons when on school property or attending a school function including students, teachers and district personnel.
The restrictions on public conduct on school property and at school functions contained in this code are not intended to limit freedom of speech or peaceful assembly. The district recognizes that free inquiry and free expression are indispensable to the objectives of the district. The purpose of this code is to maintain public order and prevent abuse of the rights of others.
All persons on school property or attending a school function shall conduct themselves in a respectful and orderly manner. In addition, all persons on school property or attending a school function are expected to be properly attired for the purpose they are on school property.
A. Prohibited Conduct
No person, either alone or with others, shall:
1. Intentionally injure any person or threaten to do so.
2. Intentionally damage or destroy school district property or the personal property of a teacher, administrator, other district employee or any person lawfully on school property, including graffiti or arson.
3. Disrupt the orderly conduct of classes, school programs or other school activities.
4. Distribute or wear materials on school grounds or at school functions that are obscene, advocate illegal action, appear libelous, obstruct the rights of others, or are disruptive to the school program.
5. Intimidate, harass or discriminate against any person on the basis of race, color, creed, national origin, religion, age, gender, sexual orientation or disability.
6. Enter any portion of the school premises without authorization or remain in any building or facility after it is normally closed.
7. Obstruct the free movement of any person in any place to which this code applies.
8. Violate the traffic laws, parking regulations or other restrictions on vehicles;
9. Possess, consume, sell, distribute or exchange alcoholic beverages, controlled substances, or be under the influence of either on school property or at a school function.
10. Possess or use weapons in or on school property or at a school function, except in the case of law enforcement officers or except as specifically authorized by the school district.
11. Loiter on or about school property.
12. Gamble on school property or at school functions.
13. Refuse to comply with any reasonable order of identifiable school district officials performing their duties.
14. Willfully incite others to commit any of the acts prohibited by this code.
15. Violate any federal or state statute, local ordinance or board policy while on school property or while at a school function.
16. Smoke on school property.
B. Penalties
Persons who violate this code shall be subject to the following penalties:
1. Visitors. Their authorization, if any, to remain on school grounds or at the school function shall be withdrawn and they shall be directed to leave the premises. If they refuse to leave, they shall be subject to ejection.
2. Students. They shall be subject to disciplinary action as the facts may warrant, in accordance with the due process requirements.
3. Professional staff. They shall be subject to disciplinary action as the facts may warrant.
4. Staff members in the classified service of the civil service entitled to the protection of Civil Service Law §75. They shall be subject to immediate ejection and to disciplinary action as the facts may warrant in accordance with Civil Service Law §75 or any other legal rights that they may have.
5. Staff members other than those described in subdivisions 4 and 5. They shall be subject to warning, reprimand, suspension or dismissal as the facts may warrant in accordance with any legal rights they may have.
C. Enforcement
The building principal or his or her designee shall be responsible for enforcing the conduct required by this code.
When the building principal or his or her designee sees an individual engaged in prohibited conduct, which in his or her judgment does not pose any immediate threat of injury to persons or property, the principal or his or her designee shall tell the individual that the conduct is prohibited and attempt to persuade the individual to stop. The principal or his or her designee shall also warn the individual of the consequences for failing to stop. If the person refuses to stop engaging in the prohibited conduct, or if the person’s conduct poses an immediate threat of injury to persons or property, the principal or his or her designee shall have the individual removed immediately from school property or the school function. If necessary, local law enforcement authorities will be contacted to assist in removing the person.
The district shall initiate disciplinary action against any student or staff member, as appropriate, with the “Penalties” section above. In addition, the district reserves its right to pursue a civil or criminal legal action against any person violating the code.
The Board will work to ensure that the community is aware of this code of conduct by:
The Board will sponsor an in-service education program for all district staff members to ensure the effective implementation of the code of conduct. The superintendent may solicit the recommendations of the district staff, particularly teachers and administrators, regarding in-service programs pertaining to the management and discipline of students.
The Board of Education will review this code of conduct every year and update it as necessary. In conducting the review, the board will consider how effective the code’s provisions have been and whether the code has been applied fairly and consistently.
The board may appoint an advisory committee to assist in reviewing the code and the district’s response to code of conduct violations. The committee will be made up of representatives of student, teacher, administrator, and parent organizations, school safety personnel and other school personnel.
Before adopting any revisions to the code, the board will hold at least one public hearing at which school personnel, parents, students and any other interested party may participate.
The code of conduct and any amendments to it will be filed with the Commissioner no later than 30 days after adoption.
5305
CO-CURRICULAR AND EXTRA-CURRICULAR CODE OF CONDUCT
FOR STUDENTS
Participation on or in any athletic team, music group, club or co-curricular/extracurricular activity is a privilege which should elicit great pride in both the student and his/her family. It is also an acceptance of responsibility which requires an extra commitment from students who represent their school and community. Willingness to meet these standards is a condition for being a member of one of the Sachem School District's co-curricular/extra-curricular activities.
Our staff members are responsible for providing leadership, encouragement and direction to assist the student in meeting his/her personal commitment to their co-curricular/extra-curricular activity. They are also responsible for providing the student with an opportunity to participate in an environment that fosters courtesy, respect and social responsibility. Staff members strive to enhance the academic pursuit of the student through participation in any of the district's co-curricular/extra-curricular activities.
Coaches/Advisors/Staff will:
1. Strive to enlarge their technical knowledge and develop wisdom and competency in the activity which they participate.
2 Enhance and protect the physical and mental well being of their students.
3. Teach students to respect self and all other individuals who are participating in any part or portion of the activity.
4. Strive to instill in students a desire to know and live by the spirit of the rules of the school district.
5. Help create an atmosphere of friendly participation wherein mutual respect and courtesy to all involved is the major focus.
6. Cooperate with administrators, faculty and other staff in maintaining and improving the quality of our schools.
7. Encourage the highest standards of academic and social achievement among our students.
A. Application of the Code
At the beginning of each year, as co-curricular/extra-curricular activities are approaching their respective starting dates, each student and their parent/guardian will be provided a copy of the Sachem School District "Student Co-Curricular and Extra-Curricular Code of Conduct." Attached to the code of conduct will be an acknowledgement and consent form which must be signed by both the student-participant and the parent/guardian prior to participation in any meeting, practice or activity with any district sponsored co-curricular/extra-curricular activity.
All violations of the code shall be considered cumulative for the school year. This does not prohibit the district, building principals or program administrators from reviewing a student's discipline history when determining such student's eligibility to participate in any co-curricular/extra-curricular activity.
B. Conditions for Student Participation
1.Eligibility
The Board of Education has the authority to establish reasonable standards as prerequisites for eligibility for co-curricular and extra-curricular activities. These standards apply to entry qualifications as well as continued participation in such activities.
Eligibility requirements should include academic standards, behavioral standards, and training standards. These standards should be applied equally to all student participants. All student participants, including athletes, should be informed that they have the obligation to act in a reasonable manner because of the leadership roles they play in the school environment.
Eligibility for co-curricular/extra-curricular activities shall be limited to children who are enrolled as students of the Sachem Central School District.
All students who participate in any co-curricular/extra-curricular activity will be expected to be academically eligible. Academic Eligibility will be determined by the official grades posted on a student's report card. Advisors/coaches must specify minimum school attendance requirements, and the minimum grade point average (GPA) they expect student participants to maintain. All such standards must be reasonable. The relationship between a student's GPA and his/her eligibility must be clearly explained to all student participants. Any student who fails 2 or more classes at the end of the marking period shall be placed on academic probation for the next 5 weeks. During the period of academic probation, the student will be permitted to continue his/her co-curricular/extra-curricular participation if the student demonstrates both of the following actions:
(1) The student, in conjunction with the failed subject teacher, develops an action plan for academic improvement. The plan is subject to approval of the Co-Curricular Committee.
(2) The student must demonstrate that he/she is no longer failing in more than one course by the time interim reports are submitted.
Any student who fails to demonstrate they have successfully completed both of the actions above shall be declared ineligible for participation in any co-curricular/extra-curricular activity for the duration of the marking period in which he/she was placed on probation.
NOTE: A student's eligibility for Quarter 1 will be determined by that student's report card for grades earned in Quarter 4 the previous school year. Any student who is denied credit (DC) for failure to maintain regular attendance in one or more classes shall be academically ineligible to participate in any extra-curricular activity for the duration of the school year.
2. Attendance
Students who commit themselves to an activity membership are expected to be in attendance at meetings/practice/contests for the duration of the activity calendar. When this commitment is not fulfilled, the student's position in the activity shall be reviewed by the supervising staff member and a recommendation of consequences shall be forwarded by the supervising staff member to the building principal, program administrator (or both) for review.
Students are expected to attend all practices, meetings and contests unless excused by the staff supervisor. It is the student's responsibility to notify the staff supervisor, in advance, of any circumstances which would prevent the student's participation at practice(s), contest(s), or meeting(s) other than absence from school. Failure to comply may result in a dismissal from the activity, dependent upon the nature and/or seriousness of the offense.
A student who is absent from school will not be eligible for participation in any co-curricular activity session on the day he or she is absent. The building principal or program administrator may permit participation when, in his/her judgment, the absence is unavoidable and supporting documentation signed by a parent/guardian is provided. Students are, therefore, advised to make requests for absence(s) in advance.
Students who are members of co-curricular/extra-curricular activities are expected to be in school on a regular basis. Students will be ineligible for practice or contest participation that day if they do not sign in at the attendance office prior to the end of period 4 with a legitimate written excuse signed by a parent or guardian in order to be eligible for participation.
The activity supervisor will establish rules appropriate for the nature of the activity regarding attendance and participation. All student members shall be given a written copy of the team rules and the supervisor will review the rules with student members. Student members are expected to comply with and abide by the rules established for their respective activity.
A student's absence(s) from practice(s), meeting(s), and or contest(s) due to mandatory participation in school sponsored session extra-help will not jeopardize the student's membership status.
3. Misconduct
The use, sale and/or possession of any controlled substance(s), or other substances, including but not limited to, alcohol, tobacco products, drug paraphernalia, or prescription medication, other than those prescribed by a physician for that student, or illicit substances as defined by the New York Penal Law is strictly prohibited.
As a member of any co-curricular/extra-curricular activity, students should be mindful that they represent their school and community. Student members are expected to and have an obligation to conduct themselves as productive citizens both in and out of school and the community. Students are expected to refrain from negative behavior(s), which violate the principles of good citizenship, and may bring embarrassment or unfavorable view to you, your classmates, teachers or community.
A student who participates in activities resulting in his/her arrest or formal charges being filed for breaking any law may face additional penalties under this Code. If the school district has adequate and corroborating evidence that the student participated in the offense for which he or she is charged, a penalty may be imposed under this Code prior to completion of the criminal proceeding. If the student is convicted of a crime (misdemeanor or felony), the penalty pursuant to this Code of Conduct shall be imposed upon conviction.
C. Offenses/Penalties
1.Prohibited Student Conduct (not intended to be all-inclusive)
Possession and/or Use of Drugs-The possession and/or use of illegal drugs, drug paraphernalia, and/or drugs or medications without a prescription for the person using the medication are strictly prohibited.
Possession and/or Use of Alcohol and Tobacco Products-The possession and/or use of alcohol and tobacco products are strictly prohibited.
Hosting or Drinking/Drug Parties-Students are prohibited from hosting/organizing or attending any gathering that involves, tobacco, alcohol, drugs, drug paraphernalia, marijuana or illegal substances as defined by New York Penal Law.
Sachem School District Student Code of Conduct Violations-Any violation of the Sachem Schools Student Code of Conduct, resulting in an out-of-school suspension, will result in progressive levels of discipline as described within the Student Co-Curricular and Extra-Curricular Activity Code of Conduct. The consequences imposed by the Student Co-Curricular and Extra-Curricular Activity Code of Conduct will be in addition to those consequences imposed by the Sachem Schools Student Code of Conduct.
Hazing/Initiation Ceremony-Sachem Central School District staff will not permit any student to stage any type of "initiation ceremony" or hazing for any co-curricular activity or club, at any level.
Poor Sportsmanship-Students, whether participants or spectators, will portray appropriate behavior during all co-curricular/extra-curricular events. Booing, whistling, name calling, obscene gestures or arguing with the referee will not be tolerated.
Stealing-Stealing of any kind, including equipment, supplies, uniforms or any personal items belonging to the Sachem Central Schools or any staff members or student will not be tolerated.
Vandalism or Property Destruction-Vandalism or property destruction offenses may result in external suspension and appropriate penalties for violation of the Co-curricular/Extra-curricular Code of Conduct.
Verbal and/or Physical Abuse-directed at any individual will not be tolerated at any time.
Academic Achievement-Any student who fails 2 or more classes may be deemed ineligible for co-curricular/extra-curricular participation (see Conditions for Student Participation: Eligibility). Any student who receives one or more Denied Credit (DC) shall be deemed ineligible for co-curricular/extra-curricular participation (see Conditions for Student Participation: Eligibility).
2. Penalties
Students who are found to have violated the Co-Curricular and Extra-Curricular Code of Conduct may be subject to the following penalties, either alone or in combination:
(1) Oral warning
(2) Parent/Guardian notification
(3) Written warning
(4) Suspension from activity
(5) Expulsion from activity for duration of co-curricular/extra-curricular season.
(6) Ineligible for participation in any other activity for duration of school year.
(7) Ineligible for participation in any activity for a period of one year, determined by the date of notification to the parent/guardian.
D. Due Process
Prior to the impositions of any penalty under the Code, the building principal and/or program administrator will notify the student of the nature of the infraction and the student will be given an opportunity to present his or her side of the issue.
E. Appeal Procedure
Students have a privilege, not a right, to participate in co-curricular/extra-curricular activities. Although the suspension and/or expulsion from participation in a co-curricular/extra-curricular activity does not require a full hearing pursuant to Section 3214 of the Education Law, a student must be given the opportunity to appear informally before the Co-Curricular Review Committee. Appeals must be made, to the building Principal, in writing within three days of assignment of a penalty, for a violation of the code. The building Principal will notify the chairperson of the Co-Curricular Review Committee who will assemble the group. The Committee will consist of one district office administrator, one district administrator, one building administrator, two teachers and two parents.
The Co-Curricular Review Committee will meet within 48 hours upon receipt of a written notice from the affected student's penalty unless the committee members are unavailable. In such a circumstance, the committee will meet as soon as these individuals may be assembled.
Upon review of the appeal, the committee will render a decision. The building principal and/or program administration will notify the parent/guardian of the decision in writing.
F. Distribution of Policy
At the beginning of each school year, a copy of this policy will be distributed to all students attending grades 6-12. Students and their parents/guardians must review the policy, then sign and return this policy acknowledgement form to the administration office.
During the first meeting of the year for any co-curricular/extra-curricular activity, the activity advisor/coach shall review the policy with the respective participants to ensure the participants know and understand the policy contents.
In addition to this policy, all activity participants are subject to the terms of all other applicable Sachem Central School District Policies.
Revised Date: July 2, 2007
SACHEM CENTRAL SCHOOL DISTRICT
CO-CURRICULAR CODE OF CONDUCT FOR STUDENTS
Student Acknowledgement
I, ___________________________, acknowledge that I have read the Sachem School District Co-Curricular Code of Conduct. I understand that my participation in any co-curricular activity is contingent upon my adherence to the Code. Finally, I acknowledge that any behavior on my part that violates the Code shall result in consequences described within the Code, which ultimately can result in dismissal from any and all co-curricular activities offered by the Sachem School District.
__________________________________ |
___________________ |
(Student Signature) |
(Date) |
Parent/Guardian Acknowledgement
I, ___________________________________,the parent/guardian of the above-named student acknowledge that I have read, understand and agree my son/daughter has my permission to participate in _______________________________(activity).
I understand that any behavior on my part that violates the Code shall result in consequences described within the Code which ultimately can result in dismissal from any and all co-curricular activities offered by the Sachem School District.
__________________________________ |
___________________ |
(Parent/Guardian Signature) |
(Date) |
5310
STUDENT DISCIPLINE
The Board believes that each student can reasonably be expected to be
responsible for his/her own behavior. The
school administration will assist each student in this program of personal
responsibility through the development and dissemination of rules of conduct,
focusing on personal safety and respect for the rights and property of others,
to be consistently applied in the classrooms and throughout the school.
Students who fail to meet this expected degree of responsibility and
violate school rules may be subject to appropriate disciplinary action and
more regulated supervision.
Discipline is most effective when it deals directly with a problem at
the time and place it occurs, and in a way that is viewed as fair and
impartial by the student. Therefore,
before seeking outside assistance, teachers will first use their best efforts
to create a change of behavior in the classroom.
When the teacher has made every effort to bring about positive
behavioral change, and has been unsuccessful, the student will be referred to
the building administration. The
building administration will decide what action will be taken.
Disciplinary action, when necessary, will be firm, fair, and consistent
in order to be most effective in changing behavior.
Pursuant to section 100.2 of the Commissioner's Regulations, such
action will be appropriate to the seriousness of the offense.
Extreme penalties (e.g., a one-year suspension) will not be assigned
without first reviewing the student's disciplinary records and considering the
circumstances which led to the improper behavior.
Early
Identification and Resolution of Student Discipline Problems
Pupil service personnel, administrators, teachers, and others will
report students to the Building Principal when they believe such students
present a discipline problem. The
principal will conduct an investigation of the reports, which may include
conferences with the complainant, student, parents, teachers, other pupil
service personnel or others, as he or she deems appropriate for the early
identification and resolution of the suspected problem.
If he/she suspects that the problem may be a manifestation of a
disability, he/she will refer the matter to the Committee on Special Education
(CSE) in the manner prescribed by the Commissioner's Regulations, IDEA, and by
district policy.
The Superintendent will develop forms necessary for the implementation
of this policy.
Discipline
Policy for Student with Disabilities
Students with disabilities will be disciplined in accordance with the
procedures established under applicable federal and state law and regulation.
In-Service
Programs for Staff
Continuing professional growth and increasing effectiveness on the part
of the entire staff are essential for the success of educational programs and
the effective application of the district's student conduct and discipline
policies. The Superintendent of
Schools may solicit the recommendations of the teaching staff and
administrators regarding in-service programs pertaining to the management and
discipline of students. The Board
may sponsor such programs annually to familiarize the professional staff with
the provisions and purposes of the district's student conduct and discipline
policies. The professional staff
shall be encouraged to make use of available in-service opportunities. Such opportunities may include, within budgetary limitations,
special in-service courses and workshops, summer study grants, school
visitations, and attendance at professional conferences and meetings.
The district may provide the following types of materials and
activities to assist staff with their concerns for disciplinary problems:
1.
related literature in the professional library;
2.
workshops on conference days;
3.
in-service classes to train staff in present trends and research; and
4.
consultants to those members of the staff needing specific techniques
in maintaining control in the learning environment.
Cross-Ref: 4321, Program
for Students with Disabilities
5311, Student Rights and Responsibilities
5311.3, Student Complaints and Grievances
5312.1, Drug and Alcohol Abuse
5313, Penalties
5313.3, Student Suspension
5313.4, Discipline of Students with Disabilities Under IDEA and Article
89
8135, Safe School
9223, Professional Staff Leaves of Absences
Ref:
Education Law §§1801; 3214
8 NYCRR §100.2(1)1,2
Adoption
Date: January 20, 1998
Revision
Date: October 17, 2000
5311.1
STUDENT DUE PROCESS
RIGHTS
In disciplinary situations, students shall have the opportunity to
present their version of the facts and circumstances, and students will not be
suspended unless their rights to due process, as identified in Education Law
Section 3214, have been observed. Building
Principals may suspend a student for a period of up to five days.
In cases of this type, the Principal conducts an informal hearing with
the student and other individuals who may have information concerning the
situation. When a suspension is
imposed, the student and parent(s) are notified and a written record of the
case is made.
If a suspension of more than five days is being considered, the
Building Principal will recommend that a Superintendent’s hearing be held.
The student and his/her parents will be notified of the time and place
of the hearing pursuant to New York State law.
At the hearing, conducted by the Superintendent of Schools or his/her
designee, the student will have the following rights:
to examine evidence and question witnesses; to present evidence and
witnesses; and to be represented by counsel.
A record of the hearing is made by stenographic transcript or by tape
recording. The Superintendent will make a decision regarding suspension
based on the information presented at the hearing. An appeal of the Superintendent's decision can be made by the
student to the Board of Education.
Generally, school personnel will identify problems and pursue
appropriate, reasonable measures to affect student behavior.
Parents, students and school personnel must work together to ensure the
maintenance of the proper atmosphere for learning. Our objective is to provide all students an equal opportunity
to grow intelligently, ethically, socially, emotionally and physically.
The options are designed to be fundamentally fair without imposing
unreasonable burdens upon school authorities or students.
General requirements in all instances include:
1.
oral or written notice of nature of the rules, violation of which will
result in disciplinary action;
2.
an opportunity for the accused student to "tell his side of the
story" to the person whose responsibility it is to assign discipline; and
3.
explanation of the evidence of violation upon which action is being
taken, should the student deny the infraction has occurred.
When a student is referred to an administrator/designee for appropriate
action, the administrator investigates the incident by meeting with the
student and/or staff member, and additional students/staff as deemed
necessary.
Parental involvement ranges from written notification of the offense
and disciplinary reaction to parent conferences with staff, student, and, if
need be, outside agencies/authorities.
5311.1
A proper and accurate record of the offense and response is maintained
for all incidents.
Cross-ref:
5311, Student Rights and Responsibilities
5311.3, Student Complaints and Grievances
5313.3,
Student Suspension
Adoption
date: January 20, 1998
5311.3
STUDENT COMPLAINTS AND GRIEVANCES
The Board of Education recognizes that students should be provided the
opportunity to be heard regarding complaints they may have.
Students filing complaints regarding any matter, including alleged
discrimination on the basis of disability, sex, including sexual harassment,
or race, including racial harassment, shall be provided with information
regarding the prompt and equitable resolution of the complaint.
Furthermore, students shall have the right to present a complaint free
from coercion, interference, restraint, discrimination or reprisal.
Students should discuss issues affecting the student body with their
student government representative, when appropriate, before appealing to the
school administration.
Building Principals shall be responsible for ensuring that appeal
procedures are incorporated into discipline codes, explained to all students,
and provided to all parents on an annual basis.
A copy of such procedures must be posted in every school.
Annual
Notification
At the beginning of each school year, the district shall publish a
notice of the established procedures for resolving complaints, including
complaints of discrimination due to sex and/or disability to
parents/guardians, employees, students and the community.
The public notice shall:
1.
state that the district’s education programs are offered without
regard to race, color, national origin, creed or religion, sex, age, marital
status, or disability;
2.
provide the name, address and telephone number of the person designated
to coordinate activities concerning discrimination due to sex and/or
disability; and
3.
be included in announcements, bulletins, catalogues, and applications
made available by the district.
The Superintendent of Schools shall establish procedures for the
resolution of student complaints and grievances.
At a minimum, such procedures shall provide that upon receipt of a
formal or informal complaint, a prompt, thorough and impartial investigation
of the allegations will follow. All
witnesses shall be interviewed and complainants will be notified of the
outcome of the investigation.
Cross-ref:
0100, Equal Opportunity
5300, Student Conduct
5310, Student Discipline
5311, Student Rights and Responsibilities
5311.1, Student Due Process Rights
5313.3, Student Suspension
5314,
Corporal Punishment Complaints
5311.3
Ref:
Title IX, Education Amendments of 1972, 20 U.S.C. 1681
34 CFR Parts 104; 106
Rehabilitation Act of 1973, §504; 29 U.S.C. §794
Education Law §3214
Adoption
date: January 20, 1998
5311.4
CARE OF SCHOOL PROPERTY BY STUDENTS
The Board of Education requires that all students respect and care for
school property. Any damage to
property should be reported to the main office or the appropriate teacher.
The Board recognizes that acts of vandalism are crimes against the
school district and the community which supports the schools.
Students who willfully destroy, damage, or deface school property shall
be subject to disciplinary action, as well as prosecution to the fullest
extent possible under the law. Students
who damage school property, and/or their parents or guardian, shall reimburse
the district for the value of the damaged property up to the limit of the law.
It shall be the responsibility of the Superintendent of Schools to
establish and carry out written regulations addressed to acts of vandalism.
Cross-ref:
1520, Public Conduct on School Property
5312, Prohibited
Conduct
8212, Vandalism
Ref:
Education Law §§1604(35); 1709(36)
Adoption
date: January 20, 1998