Board Policy 3410A - Shenendehowa CSD

CODE OF CONDUCT - 3410A
TABLE OF CONTENTS

I. PREAMBLE

II. ROLES & RESPONSIBILITIES

Administrators

Board of Education

Faculty

Parents / Guardian

Students

Superintendent

Support Staff

Visitors

III. DEFINITIONS

Alcohol, Tobacco and other substances

Appropriate Dress

Bullying

Disruptive Student

Electronic Devices

Loitering / Trespassing

Sexual Harassment

Violent Student

Weapon

IV. PROHIBITED Conduct

V. RIGHTS AND RESPONSIBILITIES

Students' Rights

Student Responsibilities

Positive Alternatives

VI. EXPECTATIONS

VII. DISCIPLINARY INFRACTIONS, PROCEDURES, CONSEQUENCES, PROCESSES

VIII. DISCIPLINE PROCESS FOR STUDENTS WITH DISABILITES.

IX. DISCIPLINE PROCEDURES FOR STUDENTS USING TRANSPORTATION

X. Student Privacy RIGHTS

Student Privacy Pursuant to Policy 7330

Due Process

Referrals in the Case of a Possible Crime

XI. FIRST AMENDMENT RIGHTS.

Student Speech

Literature Distribution, Surveys & Petitions

Patriotic Ceremonies

Buttons, Arm Bands and other symbols

Religious Activities

School Newspapers and Student Publications

APPENDIX I - Profile of a Shenendehowa Elementary School Student

APPENDIX II – Profile of a Shenendehowa Middle School Student

APPENDIX III – Profile of a Shenendehowa Graduate

THE CODE OF CONDUCT FOR THE MAINTENANCE OF ORDER ON SCHOOL PROPERTY

I. PREAMBLE

The Shenendehowa Central School District Board of Education is committed to providing a school environment that is conducive to learning, safety and order. Responsible behavior by students, teachers, other district staff, parents and other visitors is essential to achieving this goal. The district has a long-standing set of values and beliefs that guide the actions and behaviors of all staff members and students to ensure success. Central to those values and beliefs are certain fundamental principals:

Students learn best when adults serve as active, positive role models.

Students learn best when there is unconditional acceptance and tolerance for differences.

Students learn best when respect and civility are modeled by all.

Students learn best when behavioral expectations are clearly defined and enforced.

Further, to define success, student Profiles (see Appendices I, II and III) are clearly and concisely articulated at each level of progress - elementary, middle, and high school. The student Profiles define in broad statements WHAT our students will need to know and be able to do in order to be successful in school and throughout their lives. It is these expectations that challenge and motivate our students, and subsequently dictate behavioral norms.

The Board of Education annually adopts the Code of Conduct, which:

Defines expectations for acceptable conduct on school property and at school events both off and on school property.

Serves as a standard for consistency and fairness in ensuring student, family, visitor, and staff rights.

Identifies possible consequences for unacceptable conduct.

Strives to ensure that discipline is administered fairly and in accordance with applicable regulations and statutes.

In order to ensure that the students, staff and the larger Shenendehowa community is aware of the Code of Conduct for the Maintenance of Order on School Property (the code):

The Code will be printed in the annual school calendar.

Before adoption of the Code following any major revision, a public hearing will be held to allow input and questions.

The Code of Conduct will be filed with the Commissioner no later than 30 days after adoption.

The availability of the Code on the school calendar, at Shenet.org and at each school/department will be made known to each staff member.

Every member of the Shenendehowa school community, students, faculty members, parents, administrators and support staff will contribute to and accept responsibility for an orderly and respectful school climate.

The following set of rules and regulations have been adopted to cover the conduct of students and adults. The intention of the rules is to help ensure safety and security of students, staff, and visitors. (This is done in compliance with Section 2801 of the Education Law.)

II. ROLES & RESPONSIBILITIES

This Code of Conduct for the Maintenance of Order on School Property is to serve as a standard for consistency and fairness in ensuring student, family, visitor, and staff rights.

A thorough understanding for all Shenendehowa staff, parents, students, and visitors in the standards of this Code is critical and will be achieved through broad communication and appropriate training.

Every member of the Shenendehowa school community - students, faculty members, parents, administrators and support staff will contribute to and accept responsibility for an orderly and respectful school climate.

A. Administrators - Building administrators and their designees (for example, assistant principals) are responsible for promoting a supportive and positive school environment and for implementing the Code of Conduct for the Maintenance of Order on School Property in a fair and consistent manner. Staff members found guilty of violating any of these provisions of these rules shall be subject to disciplinary action as outlined in Board Policy, contractual agreements, and as outlined in Education Law §3020-a and Civil Service Law §75.

B. Board of Education - The Board of Education establishes the district's Code of Conduct for the Maintenance of Order on School Property. Members should lead by example by conducting Board meetings in a professional, courteous and respectful manner. They must insure that there is a procedure for hearing grievances relating to disciplinary action so that the rights of all individuals will be protected. Staff members found guilty of violating any provisions of these rules shall be subject to disciplinary action as outlined in Board Policy, contractual agreements, and as outlined in Education Law §3020-a and Civil Service Law §75.

C. Faculty - Teachers and instructional support staff members play a key role in the maintenance of a positive and orderly school atmosphere in and out of the classroom. They have the responsibility for establishing and maintaining effective and consistent management techniques which involve and motivate students. They also must work closely with students to assure their understanding of the Code of Conduct for the Maintenance of Order on School Property. Staff members found guilty of violating any provisions of these rules shall be subject to disciplinary action as outlined in Board Policy, contractual agreements, and as outlined in Education Law §3020-a.

D. Parents / Guardians - As primary teachers for their children, parents play a key role in the maintenance of good discipline at Shenendehowa. They are expected to work with and support school staff through awareness, understanding and support of the Code of Conduct for the Maintenance of Order on School Property. “Parent” is defined as a parent, guardian or person in parental relation to the student. Parents are requested to sign in at the office when entering a building. Failure to do so may result in the parent being removed from the building.

E.   Students - The Shenendehowa school district is committed to safeguarding the rights given to all students under state and federal laws and regulations. The Code recognizes that expected behavior and consequences are appropriate to students’ age and developmental level. The goal is for students to gain an understanding of the benefits of proper behavior as well as the consequences of inappropriate behavior. A student who violates any of the provisions shall be subject to the appropriate disciplinary penalty stipulated in the Code that is proportionate to the severity of the misconduct.

F. Superintendent - The superintendent or designee (including members of the District Leadership and Support Team) is ultimately responsible for implementation of the district Code of Conduct for the Maintenance of Order on School Property and will serve as hearing officer in those disciplinary issues that cannot be resolved within the limits of the building level (Section 3214 of the Education Law and Penal Law). The superintendent fulfills a key role in the maintenance of an orderly and positive school environment.

G. Support Staff - Support staff members (for example, aides, clerical staff, bus drivers, custodians, cleaners, and food service staff members) contribute widely to a positive and orderly environment throughout the district. The overall awareness, understanding and support of the Code of Conduct for the Maintenance of Order on School Property by support staff members, as well as its specific relationship to each of their roles, is crucial to its successful implementation. Staff members found guilty of violating any of these provisions of these rules shall be subject to disciplinary action as outlined in Board Policy, contractual agreements, and as outlined in Civil Service Law §75.

H. Visitors - Visitors to our schools are expected to exhibit behaviors that support the Code of Conduct for the Maintenance of Order on School Property. Our visitors play a key role in the maintenance of appropriate behavior by modeling behaviors expected of our students. Visitors are required to sign in at the office when entering a building. While on district premises or at school activities, they are subject to the authority of the building principal. Failure to do so may result in the visitor being removed from the building. A visitor who violates any of the provisions of these rules and regulations will not be allowed to remain on school grounds or at a school function and they will be directed to leave the premises. If the violator refuses to leave, they will be subject to ejection or arrest.

III. DEFINITIONS

Having a common language and a common understanding of terms is critical to a fair and objective administration of the Code of Conduct. It is the intent to have terms defined concisely enough to ensure ease of understanding, but with sufficient details to connote a high level of seriousness, importance, and applicability to varied circumstances and situations.

A. Alcohol, Tobacco, and Other Substances

Shenendehowa Central School District Comprehensive School Policy concerning Alcohol and Other Substances, School Board Policy No. 7320 "Rules and Regulations Concerning Use of School District Property" states the following:

Smoking is not permitted in any part of the building or school grounds. No alcoholic beverages or illegal drugs may be brought on school property. Further, students under the influence of alcohol, tobacco, or other substances prohibited under this regulation will be dealt with accordingly, which may mean immediate suspension from school or school event, or some other consequence/sanction.

The terms "alcohol, tobacco, and other substances" refer to all substances including, but not limited to, alcohol, tobacco, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, anabolic steroids, look-alikes, and any other substances commonly referred to as "designer drugs." The inappropriate use of prescription and over-the-counter drugs shall be prohibited.

B. Appropriate Dress

All district staff members are expected to give proper attention to personal cleanliness and to dress appropriately for school and school functions in clothing which is appropriately professional, safe and does not disrupt, distract or otherwise interfere with the educational process. Further, staff shall model appropriate dress and decorum for students, recognizing the significant role and impression they have on students.

Students are expected to adhere to the following and additional requirements for specific courses or events. The building principal, or his/her designee, shall be responsible for informing all students and their parents of the student dress code, as follows:

Student’s dress, grooming and appearance, jewelry and accoutrements (such as spiked belts, spiked bracelets, spiked choker collars, or long hanging chains), make-up and nails shall be safe and appropriate and shall not disrupt, distract or interfere with the educational process or participation in a school activity/function.

Students shall wear footwear that is safe and appropriate for school and school-related activities. Footwear (including “heelies”) that is a safety hazard will not be allowed.

Students will wear appropriate protective gear where required for instructional activities in certain classes (e.g. Family and Consumer Science, Technology, Science, and Physical Education)

Students, only at the discretion of the building administration, may be allowed to wear headwear in school. Headwear for medical or religious purposes is permitted, as long as appropriate documentation or notification is provided.

Students, only at the discretion of the building administration, may wear outside coats inside school buildings during the school day.

Students will ensure that underwear is completely covered with outer clothing. All clothing shall be fastened appropriately.

Students shall not wear garments that are revealing or see-through (including those that expose one’s midriff or otherwise potentially expose private parts of the body, such as tube tops and halters).

For school events (for instance, dances) and athletic practices and contests, appropriate attire must be worn.

Students’ dress shall not include or depict items that are vulgar, obscene, libelous, or denigrate others because of race, color, religion, creed, national origin, gender, sexual orientation, or disability.

Students’ dress/accessories shall not promote and/or endorse sexual activity of any kind, the use of alcohol, tobacco, or illegal drugs and/or encourage illegal or gang-related activities, including violence, depictions of guns, knives, and other weapons.

C. Bullying

The school district is committed to providing its students and staff with an educational and working environment that is safe, secure, promotes respect, dignity, equality and is free from bullying. The School District prohibits bullying on school grounds, school buses, and at all school sponsored activities, programs and events including those taking place off school property.

Bullying for the purpose of this policy is defined as harassment, aggressive behavior or other overt action, whether verbal or physical, which is intended, or could reasonably be expected, to cause distress, harm, ridicule, humiliation and/or intimidation. Bullying can be face-to-face, or carried out by phone, over the internet and other ways directed at another person through the “posting” of sensitive and/or private information.

D. Disruptive Student

For the purpose of this Code of Conduct, a disruptive student is any elementary or secondary student under the age of 21 who is substantially disruptive of the education process or substantially interferes with the teacher’s authority over the classroom. A substantial disruption of the educational process or substantial interference with a staff member’s authority occurs when a student demonstrates a persistent unwillingness to comply with instruction or the respective school activity, or repeatedly violates the rules for behavior.

E. Electronic Devices

Such devices include, but are not limited to: Walkmans, MP3 players (audio listening devices), cell phones, Palm Pilots, cameras or any other instrument that can be used to transmit images, sound or information from one source to another. Such devices shall not be used during the school day from the time a student enters the school building until dismissed; except when part of classroom instruction or other authorized activity.

F. Loitering / Trespassing

Loitering is remaining in or near school buildings and grounds with no reason for being there and with no authority or written permission to remain.

A person is suspected of loitering/trespassing when s/he remains in or about any school building or grounds, buses, or at a school sponsored event; not having any reason or relationship involving custody of, or responsibility for, a student or any other specific legitimate reason for being there and not having written permission from an authorized school official for being there.   (Section 240.35 of the State Penal Law)

G. Sexual Harassment

Sexual Harassment includes all unwelcome behavior of a sexual nature which may impose a requirement of sexual cooperation as a condition of academic advancement, or which may have the purpose or effect of creating an intimidating, hostile, or offensive environment. Harassment should be promptly reported to a teacher, other faculty member, principal, nurse or other school district official in order to be properly investigated. If proven guilty, penalties in accordance with Education Law Sect. 3214 and applicable Penal Law shall apply.

Sexual harassment may include, but is not limited to, the following:

verbal harassment or abuse

pressure for sexual activity or favor

repeated unwanted remarks to a person, with sexual or demeaning implications

unwelcome touching

suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning one's grades, reputation, or general safety and welfare (See Policy 5020.1).

H. Violent Student

There are minimal consequences required by law that the district must set in the cases of violent behavior. Such violations may warrant more than the minimum disciplinary options/consequences.

A student under the age of 21 is considered violent if he/she:

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 on school property or a 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, or what appears to be a weapon.

Intentionally damages or destroys the personal property of any school employee or any person on school property or at a school function.

Intentionally damages or destroys school district property.

I. Weapon

For the purpose of this Code, weapons means a firearm as defined in 18 USC §921 for purpose of the Gun Free Schools Act. Any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of such weapon; any firearm or silencer; or any destructive device (18USC-921, Goals 2000: Educate America Act, Public Law 103-277). For the purpose of this Code of Conduct, a weapon also means any other gun (simulated or real), BB-gun, knife, razor, switch-blade knife, dagger, dirk, stiletto, box cutter, pocket knife, pepper spray or other noxious spray, explosive or incendiary device, ammunition or simulated ammunition, fireworks, or other devices, or any other instrument, material, or substance that can cause physical injury or death when used to cause physical injury or death.

Any bomb threat made in New York State is a felony and will be treated accordingly. The district shall cooperate fully with law enforcement in the investigating and prosecuting of said offenses.

IV. PROHIBITED Conduct

No person, either singly or in concert with others while on school district property, shall:

Cause physical injury to any other person, or threaten to do so for the purpose of compelling or inducing any other person to perform or refrain from performing any act.

Engage in bullying, threats, intimidation and/or extortion of any other person.

Engage in any activity or action that demeans, discriminates, or otherwise violates or imposes upon the legal rights of others.

Substantially disrupts or interferes with, or impedes the ability of other students to engage in the educational process.

Using language or gestures, or engaging in actions that are obscene, profane, perverse, overtly sexual, lewd, lascivious, indecent, vulgar or abusive.

Damage or destroy property of the school district or property under its jurisdiction nor remove or use such property without authorization.

Engage in theft of, or damage to, or defacement of any school district property or property of any other person.

Enter into and remain in any building, facility, office or room for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others.

Obstruct the free movement of persons and vehicles in any place to which these rules apply.

Refuse to leave any building or facility after being required to do so by any person responsible for the maintenance of order in a building or facility.

Loiter or trespass in school buildings or on school grounds. (See “f” in Definitions)

Use matches, lighters (or similar devices) on school district property, set fires, tamper with or obstruct any safety measures such as fire extinguishers, alarm systems, posted fire regulations, water sprinklers, or fire doors. Fail to conform to safety drill procedures, or tamper with any communications, heating, lighting, or power systems.

Intentionally make or conspire to make a bomb threat, raise a false alarm or make a false report of a school closing or cancellation of school events.

Disrupt or prevent the peaceful and orderly conduct of classes and meetings, administration, disciplinary procedures or other school district activities or deliberately interfere with the freedom of any person to express his views, including invited speakers. (See “D” in Definitions)

Dress inappropriately. (See “B” in Definitions)

Knowingly have in his/her possession any weapon. (See “I” in Definitions)

Possess, use or distribute alcoholic beverages.

Use drugs or other substances, including prescription drugs, without nurse’s supervision, unless self-medication protocol is followed.

Gamble on school district property.

Violate school district rules and regulations concerning the use of motor vehicles on school district property and school district parking regulations.

Cause disruption on or interfere with the operation of school district buses.

Fail to comply with directions of school district officials acting in the performance of their duties, inclusive but not limited to, safety drills or other emergency protocols.

Incite others to commit any of the acts herein prohibited with specific intent to procure them to do so.

Possess or use tobacco, lighters and other tobacco paraphernalia, in any part of buildings, school grounds, or at school events at other locations. (See “A” in Definitions)

Sexually harass any person. (See Board Policy 5020.1)

Use or display electronic devices by students such as cell phones, pagers, audio listening devices (See “E” in Definitions) during the school day from the time a student enters the school building until dismissed.

Engage in prohibited conduct, including and not limited to conduct described above, through use of the internet and /or other electronic devices.

V. RIGHTS AND RESPONSIBILITIES

The Shenendehowa Central School District is committed to safeguarding the rights given to all students under State and Federal law including First Amendment rights ( see Section X). While students are allowed to exercise said rights and civil liberties; any actions taken must be discussed in advance with the respective building principal so as to ensure that the district promotes a safe, healthy, orderly and civil school environment.

A. Students’ Rights

Learn in circumstances which permit healthy, intellectual, emotional, physical and moral development.

Receive a free, sound, basic education and take part in all district activities without discrimination on the basis of race, color, creed, religion, national origin, political affiliation, sex, sexual orientation, age, marital status, military status or disability.

Receive an education appropriate for his or her individual needs.

Obtain an education which respects culture, race, socioeconomic background and the language of their home.

Attend schools and educational programs that are effective.

Participate in educational programs that prepare students for jobs, for college, for responsible family life and for citizenship in a self-governing society.

Have available resources needed to secure their educational rights.

Pursue their education without fear.

Receive an education which involves responsibilities as well as rights.

Source: The Regents Bill of Rights for Children: An Education Charter for the Decade of the Child.

B. Student Responsibilities

Students are responsible for:

Taking responsibility for their own learning.

Their own behavior.

Being respectful of all adults and the values and views of other students.

Being prepared for classes, for attending school each day, and being ready to learn.

Being positive members of the school community with regard to themselves, others and property.

Students are expected to:

Behave in a way which will promote a safe and productive educational environment for all.

Finish all their work and tasks to the best of their ability.

Listen to and follow the directions of their teachers and other school personnel.

Accept responsibility for their actions.

C. Positive Alternatives

At Shenendehowa, student discipline is more than a policy with consequences for behaviors. It's a commitment to a philosophy and a series of programs designed to meet the needs of students and promote a positive school climate. Positive alternatives include but are not limited to:

Parent Conferences, Teacher Conferences

Conflict Resolution Programs - Peer Mediations, Student Training

Intervention Counselors, School Counselors, Social Workers

Time-out Areas

Parenting Programs - STEP, Active Parenting, How to Talk So Kids Will Listen

Student Incentive Programs - Honor Passes, Students of the Month

Staff Development - Cooperative Discipline, Catch Them Being Good

Before/After-school Programs

Prevention Programs: DARE, Peer Leadership, SADD

Alternative Education (BOCES)

Student Activities - Sport Teams, Clubs, Dances, Intramurals

Mentoring Students

Student Involvement in Decision Making

Community Based Programming, e.g. CAPTAIN, Boy Scouts, Girl Scouts

Community Service Projects

Banana Splits

Exploring Youth Challenge, Advanced Youth Challenge

VI. EXPECTATIONS

Students, employees, and visitors who violate the Code will be subject to disciplinary action. District officials may use a range of responses to student misconduct. Before disciplining a student, District officials may issue a warning, conduct a parent conference, enter into a student behavior contract, or provide counseling or mediation.

The fundamental objective shall be the modification of behavior in order to promote and foster academic success and maintain a school environment that is conducive to teaching and learning.

A. Elementary Students (Grades K-5)

Coming to school and going home, a student is expected to:

Keep a safe distance from the bus and all other vehicles.

Walk on sidewalks or as close to the edge of the road as possible, out of the way of traffic.

Walk to and from the bus.

Follow the bus rules and regulations.

In school, a student is expected to:

Walk in the halls in an orderly fashion.

Walk in the halls keeping lunch boxes, pencils, etc. away from walls.

Stay in the classroom until excused or dismissed.

Use good language in all places including in school, on the playground and on the bus.

Respect the rights of others by being quiet and polite in the hallways.

Take care not to damage or destroy school property such as desks, chairs, walls, books, computers, electronic devices, etc.

Respect the rights and feelings of others, both adults and children.

Follow the rules and direction of the teacher and other adults who are in charge.

Use special care when handling equipment in art, music, library, computer lab and physical education classes.

Dress appropriately for school and school functions. (See Definitions)

In school, during assemblies, going out for recess, attending field trips, special events, or emergency situations, a student is expected to:

Sit where directed.

Leave the assembly only with permission from an adult.

Watch and listen politely to the performance and speakers.

Clap politely to show appreciation.

Leave the assembly in an orderly manner following the directions of the adults in charge.

In school, during lunch, a student is expected to:

Use good table manners and practice proper eating habits.

Never throw food or any objects.

Talk quietly during lunch.

Listen to directions and obey adults who are supervising.

Clean up after eating and throw trash away before leaving the cafeteria.

On the playground, a student is expected to:

Play only in designated areas under adult supervision.

Leave the playground only with permission.

Play only safe games.

Use playground equipment safely and carefully.

Report injuries to the playground supervisor.

Keep hands off others when at play.

Use appropriate language.

Respect others' feelings.

Show good sportsmanship.

Remember to collect belongings.

B. Middle School Students (Grades 6-8)

Coming to school and going home, a student is expected to:

Keep a safe distance from the bus and all other vehicles.

Walk on sidewalks or as close to the edge of the road as possible, out of the way of traffic.

Enter and leave the building in an orderly fashion.

Be on time to school.

Follow the bus rules and regulations.

A student is expected to:

Walk the halls in an orderly fashion.

Be in homeroom and classes on time.

Use the lockers only at the designated times and to treat them with respect.

Use appropriate language and gestures that are not profane, lewd, vulgar, or abusive.

Keep his/her hands to themselves.

Respect the rights and feelings of others.

Follow the directions of the faculty and staff.

Show respect for all school property including textbooks and classroom materials and equipment, including computers and other electronic devices.

Respect personal space and physical proximity hence avoiding public displays of affection.

Dress appropriately for school and school functions. (See Definitions)

In school, during lunch, a student is expected to:

Give full cooperation to the supervising staff.

Remain seated except when purchasing food, throwing out garbage, or returning the tray.

Never throw food or any objects.

Speak in a tone and voice that is not loud or disruptive.

Clean the table and make certain all garbage is thrown out.

Follow school established procedures when leaving the cafeteria before dismissal.

When attending field trips, special events, emergency situations and assemblies, a student should:

Give full cooperation to supervising staff.

Represent Shenendehowa when participating or attending school sponsored events with the highest standard of conduct, demeanor, and sportsmanship.

C. High School Students (Grades 9-12)

Students are expected to:

Be respectful to fellow students, school employees and all school property.

Follow the bus rules and regulations, as well as rules granted under driving / parking privileges.

Be in school unless legally excused.

Be in homeroom and classes on time.

Attend all classes as scheduled.

Leave the building only with prior approval.

Have a signed pass when in the academic halls while classes are in session.

Be in authorized areas only.

Be familiar with all district and building rules pertaining to student conduct.

Represent Shenendehowa when participating or attending school sponsored events with the highest standards of conduct, demeanor, and sportsmanship.

Speak in a tone and voice that is not loud and disruptive.

Respect personal space and physical proximity, avoiding public displays of affection.

Dress appropriately for school and school functions. (See Definitions)

VII. DISCIPLINARY INFRACTIONS, PROCEDURES, CONSEQUENCES, PROCESSES

The following sections describe, in detail, possible infractions, disciplinary procedures, disciplinary options and consequences, beginning with lower level and ending with those of the most serious nature. When possible, discipline should be used as an educational opportunity to improve, encourage and modify future behavior. In all cases, those staff members charged with maintaining order at school and other sites at which student activities take place, are expected to carry out complete investigations and administer the Code as consistently and equitably as possible taking into consideration:

The student’s age, level of understanding and previous disciplinary history.

The nature of the specific incident, and mitigating circumstances, particularly whether or not an action was deliberate or accidental.

Elementary School Students (Grades K–5)

The school is a special kind of place where children and adults work together in an atmosphere of mutual respect. Each group must be aware of the rights and responsibilities of the other. The school provides an environment where children can nurture positive relationships with each other and with adults in order to form a set of behaviors that will serve them well in the world outside of school.

Middle School Students (Grades 6-8)

The ultimate goal of education is to ensure that each and every student becomes effective in a democracy. When students develop and accept the responsibilities and obligations of good citizenship, they will be able to successfully participate in the world of tomorrow. The middle schools emphasize and value the traits of respect and responsibility. It is believed that those students who master the concepts of showing respect for self, others, and property will be successful not only at this level of education, but in high school and beyond.

High School (Grades 9–12)

For students, high school is not only a time of academic challenge, but a time of balancing the need for increased independence and choices with a continued need for structure and support. As the final opportunity for students to prepare for post secondary experiences as responsible individuals, the Code of Conduct for the Maintenance of Order on School Property for students provides for individual discretion, while holding students responsible for their actions. To obtain this end, high school students must work cooperatively with all adults in the building and actively contribute to promoting mutual respect between all members of the high school community.

LEVELS OF INFRACTIONS, PROCEDURES, CONSEQUENCES, PROCESSES

A. LEVEL 1

Level 1 Infractions

Listed below are examples, but not all inclusive, of Level 1 Infractions.

Teasing/Name Calling

Running/horseplay in the halls

Loud or inappropriate language or gestures

Statements or actions, written, verbal or electronic, that disrupt the educational process

Tardiness

Failure to comply with dress code

Minor disruptive behavior in school, class, playground or bus

Recurring failure to be prepared with class materials, supplies

Careless, unauthorized use of, loss of or damage to school property and facilities

Unauthorized use of electronic devices, or misuse of computers per Acceptable Use Policy

Interfering with the behavior of others

Abuse of hall or bathroom privileges in unauthorized area without permission

Misuse of parking privileges (HS)

Littering

Level 1 Disciplinary Procedures

Supervising staff member or observer immediately intervenes and informs student of the infraction.

The incident may be documented on a student referral form which is sent to the principal’s office, for certain infractions.

In cases of repetitive behavior, the staff member shall communicate to the teacher and/or administrator.

Principal provides the parent with a written notification of the infraction and applicable consequence.

Parent shall be provided with an opportunity for an informal conference to discuss the infraction(s), consequences, and possible interventions to prevent such future student conduct.

The student and incident may be referred to Child Study Team.

Referring staff informed of the action taken.

The principal, or his/her designee, maintains a record of the offense and disciplinary action.

Level 1 Disciplinary Options/Consequences

A disciplinary penalty is appropriate as long as it is proportionate to the severity of the misconduct for which it is being imposed. In addition, a harsher penalty may not be imposed merely because the student does not cooperate with the district’s investigation of an incident and does not admit guilt. In no instance shall a student be externally suspended for a Level I infraction.

Verbal warning – immediate adult counsel or reprimand

Written warning, documentation of behavior

Written apology

Parental notification

Informal conference with parent

Temporary loss or restriction of privileges

Confiscation/securing of electronic devices

Payment for theft or damage

Cleaning up

Peer mediation

School - community service (with consent of parent)

Seat change in classroom or on bus

Supervised afterschool detention and/or supervised study

Behavioral contract or probation

Referral to Child Study Team or school counselor/psychologist

Temporary removal from class – Time Out

B. LEVEL 2

Level 2 Infractions

Listed below are examples, but not all inclusive, of Level 2 Infractions.

Repeated Level 1 infractions

Threat or harassment/intimidation/bullying (including through electronic means)

Inappropriate physical engagement, interaction or altercation

Chronic misbehavior in school, on grounds or buses

Repeated disruption of the educational process or substantial interference with the teacher’s authority over the classroom

Blatant disrespectful or insubordinate behavior towards district personnel- defiance, refusal to follow directions

Cheating, plagiarism, copyright infringement

Repeated cutting of classes

Cutting detention

Forgery

Gambling

Minor driving infractions

Obscene/vulgar language or gestures

Throwing or propelling objects that result in physical injury.

Smoking or use of tobacco products on school grounds or at school function (regardless of where such event or activity takes place)

Truancy*

Level 2 Disciplinary Procedures

The staff member shall write up a student referral form and report the infraction to the principal or principal’s designee.

Principal or principal’s designee shall meet with the student to determine the most appropriate disciplinary consequence.

The parent will be notified and may request a conference.

In cases of teacher removal of a student (for up to three days) from class please refer to and strictly comply with steps outlined in the section entitled: STUDENT DISCIPLINARY PROCESSES - Teacher Removal of Disruptive Pupils.

In cases of short-term suspension (5 days or less), please refer to and strictly comply with the steps outlined in the section entitled: STUDENT DISCIPLINARY PROCESSES - Suspension from School.

In cases of suspension of transportation or other privileges, please refer to and strictly comply with the steps outlined in the section entitled: STUDENT DISCIPLINARY PROCESSES - Suspension of Privileges.

Child Protective Services may be contacted and report filed.

The student and incident may be referred to Child Study Team.

Referring staff informed of the action taken.

The principal, or his/her designee, maintains a record of the offense and disciplinary action.

Level 2 Disciplinary Options / Consequences

A disciplinary penalty is appropriate as long as it is proportionate to the severity of the misconduct for which it is being imposed. In addition, a harsher penalty may not be imposed merely because the student does not cooperate with the district’s investigation of an incident and does not admit guilt. External suspension of an elementary student (grades K-5) should be the rare exception. Other consequence options should be considered, tried, and/or exhausted prior to resorting to external suspension.

More stringent continuation of any Level 1 disciplinary options

In-school suspension

Suspension from privileges (i.e. parking)

Suspension from participating in athletic events

Suspension from school-related social or extracurricular activities

Suspension of school bus transportation (based on offense)

Teacher removal from a particular class for up to three days

Suspension from school not in excess of five (5) days

Child Protective Services may be contacted and a report made

Referral to Saratoga County Probation/Family Court

*Student may not be suspended from school for truancy, as such penalty is inconsistent with the educational goal of encouraging children to regularly attend and participate fully in school.*

C. LEVEL 3

Level 3 Infractions

Listed below are examples, but not all inclusive, of Level 3 Infractions.

Continuation of Level 2 Infractions

Extortion

Fighting and causing injury

Harassment based on personal characteristics such as sex, race, religion, or sexual orientation

Reckless driving

Selling, possessing, using or being under the influence of alcohol or illegal substances on school property or at school functions

Stealing

Trespassing

Use of tobacco on school property

Vandalism or destruction of personal property or school property

Displaying what appears to be a weapon, while on school property

Threatening to use a weapon, while on school property

Throwing or propelling objects that are intended to or result in physical injury

Level 3 Disciplinary Procedures

The staff member shall write up a student referral form and report the infraction to the principal or principal’s designee.

The principal or principal’s designee shall meet with the student to determine the most appropriate disciplinary consequence.

The parent will be notified immediately and a conference will be held prior to penalty.

In cases of teacher removal of a student (for up to three days) from class please refer to and strictly comply with steps outlined in the section entitled: STUDENT DISCIPLINARY PROCESSES - Teacher Removal of Disruptive Pupils.

In cases of short-term suspension (5 days or less), please refer to and strictly comply with the steps outlined in the section entitled: STUDENT DISCIPLINARY PROCESSES - Short-term Suspension from School.

In cases of suspension of transportation or other privileges, please refer to and strictly comply with the steps outlined in the section entitled: STUDENT DISCIPLINARY PROCESSES- Suspension of Privileges.

Child Protective Services may be contacted and report filed.

The student and incident may be referred to Child Study Team.

If criminal activity, police will be contacted.

In severe cases, a Superintendent’s hearing may be held.

Referring staff informed of the action taken.

The principal, or his/her designee, maintains a record of the offense and disciplinary action.

Level 3 Disciplinary Options / Consequences

A disciplinary penalty is appropriate as long as it is proportionate to the severity of the misconduct for which it is being imposed. In addition, a harsher penalty may not be imposed merely because the student does not cooperate with the district’s investigation of an incident and does not admit guilt.

One-day minimum suspension from school, up to a maximum of five days prior to a referral to a superintendent’s hearing.

More stringent continuation of any Level 1 and 2 disciplinary options

Restitution

Short-term suspension (five days or less)

Child Protective Services report filed, referral to Saratoga County Probation/Family Court

Filing of a PINS Petition (Person In Need of Supervision)

Police contacted and report filed

Referral to Superintendent’s office for hearing

D. LEVEL 4

Level 4 Infractions

Listed below are examples, but not all inclusive, of Level 4 Infractions.

Repeated Level 3 infractions

Possession of firearm or weapon at school, on school grounds or at school function *

Assault with intent to or that causes physical injury

Bomb threat

Tampering with or creating a false fire alarm

Arson

Commits an act of violence upon a school employee

Level 4 Disciplinary Procedures

The staff member shall write up a student referral form and report the infraction to the principal or principal’s designee.

Principal or principal’s designee shall meet with the student to determine the most appropriate disciplinary consequence.

The parent will be notified immediately and a conference will be held prior to penalty.

In these cases of long-term suspension (in excess of 5 days), please refer to and strictly comply with the steps outlined in the section entitled: STUDENT DISCIPLINARY PROCESSES - Long-term Suspension from School.

Child Protective Services may be contacted and report filed.

If criminal activity, police will be contacted.

The student and incident may be referred to Child Study Team.

Referring staff informed of the action taken.

The principal, or his/her designee, maintains a record of the offense and disciplinary action, and the designated hearing officer maintains a record of the hearing minutes.

Level 4 Disciplinary Options / Consequences

A disciplinary penalty is appropriate as long as it is proportionate to the severity of the misconduct for which it is being imposed. In addition, a harsher penalty may not be imposed merely because the student does not cooperate with the district’s investigation of an incident and does not admit guilt.

Automatic suspension of five days

More stringent continuation of any Level 1, 2 and 3 disciplinary options

Automatic referral to Superintendent’s office for hearing

*Pursuant to federal and state law, students deemed to have brought or possessed a firearm at school, or brought a weapon (exceptions are noted in Gun Free Schools Act) - to school, must be suspended for a minimum period of one calendar year, subject to modification on a case-by-case basis by the school superintendent (20 USC Sec. 715 (b)(1); Education Law 3214 (d)(3).

E. DEFINITION OF STUDENT DISCIPLINARY PROCESSES

1. Teacher Removal of Student from Classroom

A teacher may remove a student who repeatedly is disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom from class for up to three days.

The teacher shall inform the principal or the principal’s designee of the reasons for the removal.

The teacher must provide the student with an explanation of the basis for the removal.

The student shall be allowed to informally present the student’s version of the relevant facts prior to the removal from the classroom.

In cases where the teacher finds the student’s conduct to not only be substantially disruptive, but the student’s presence poses a continuing danger to persons or property or represents an on-going threat of disruption of the academic process; the teacher has 24 hours from the student’s removal to provide the student the requisite explanation of the basis of removal, and provide the informal opportunity for the student to be heard.

When a student of any age is removed from class by a teacher, immediate steps must be taken to provide alternative means of instruction for the student. Alternative instruction does not have to match every aspect of the instructional program the student received prior to the removal from the classroom.

The principal or principal’s designee must inform the student’s parent(s) of the removal and the reasons therefore within 24 hours of the removal and, on request, give the student and the student’s parents an opportunity for an informal conference to discuss the removal.

If the student denies the charge, the principal or principal’s designee must provide for an informal hearing within 48 hours of the removal for the student and student’s parent(s) to present the student’s version.

The principal or the principal’s designee may set aside the teacher’s disciplinary action upon a finding that the charges against the student are unsupported by substantial evidence, or that the removal constitutes a violation of law; or the conduct warrants suspension from school and a suspension will be imposed. Said determination must be made by the close of the day after the 48-hour period for an informal hearing.

A student removed from the classroom by the teacher can return to the classroom only after the principal or the principal’s designee determines whether or not to set aside the removal, or the period of removal expires, whichever is less.

2. Short-term Suspension (five days or less)

In all cases of suspension of a student from school, the parent must be contacted and informed of the suspension prior to the imposing of the consequence.

Written notice must be delivered by personal messenger, express mail, or an “equivalent means reasonably calculated to assure receipt” within 24 hours of the decision to propose suspension.

Where possible, notification also must be provided by telephone. Leaving a voice message could lend to the violation of student’s privacy and should not occur.

Verbal or oral communication with the parent(s) regarding a suspension is not a substitute for the required written notification that must be given prior to the actual suspension.

Notification by regular mail following oral notification by phone the same day does not constitute sufficient notice; neither does notice sent by registered mail return receipt requested.

Further, the notice must be in the parent’s dominant language or mode of communication.

The only exception for giving written notice prior to the suspension is when the student’s presence is a continuing danger to person or property or an ongoing threat of disruption of the academic process.

A short-term student suspension letter issued by the school (or district office in cases of long-term suspensions) prior to the suspension, must provide the parent sufficient explanation of the infraction and the applicable consequence, and inform the parent that he/she may request an opportunity to hold an informal conference (short-suspensions) and doing so question complaining witnesses.

The parent must have the opportunity to participate in such a conference prior to the suspension.

The informal conference with the parent(s) must be conducted by the principal and not by another administrator since the statute is explicit that any informal conference must be “with the principal.”

Both the Education Law and the Commissioner’s Regulations require that the principal and the complaining witnesses be present when requested by the parents.

It is insufficient merely to provide an opportunity to speak to the principal without the complaining witnesses present, or an opportunity to speak to the complaining witnesses without the principal present.

Where student or faculty witnesses are available, they should be present at the conference when requested by the parents. Even if no student witnesses are available, the parents should have an opportunity to question District employee witnesses who have first-hand knowledge. If the opportunity is not afforded to a parent, the student suspension may be annulled and expunged from the student’s record.

The only exception for giving written notice prior to the suspension is when the student’s presence is a continuing danger to person or property or an ongoing threat of disruption of the academic process.

When a student of any age is suspended from school, immediate steps must be taken to provide alternative means of instruction for the student. Such alternative instruction must begin within one or two days of suspension.

Alternative instruction does not have to match every aspect of the instructional program the student received prior to the removal from the classroom.

A suspension may be carried over to the following school year when misconduct occurs at the end of the school year and the suspension can be meaningfully implemented only at the beginning of the following school year.

3. Long-term Suspension (in excess of five days)

A student disciplinary hearing is an administrative proceeding conducted in accordance with Section 3214 of the Education Law to determine whether a student is guilty of misconduct that warrants a long-term suspension from school.

The student and the parent must have had an opportunity for a hearing on reasonable notice.

The notice for a hearing must be reasonable, allowing the student to prepare and present an adequate defense. A single day is insufficient, but a 3-day notice is deemed sufficient (Commissioner’s decisions).

At such hearing the student has a right to bring a parent, to be represented by an attorney, as well as the right to testify and present witnesses and other evidence on their own behalf, or to cross-examine witnesses against them.

The burden of proof rests with the school district. The student is entitled to a presumption of innocence until proven otherwise.

If the district is forced to postpone a hearing and the initial short-term suspension period has expired, the student must be allowed to return to school in the interim, unless the student’s parents have consented to the delay.

Students who are suspended more than five days without a hearing and parental consent may request an order of the commissioner of education directing reinstatement pending a hearing and determination of charges.

Students, together with their parents, may elect to either proceed to a hearing, or waive their right and accept the district’s proposed long-term suspension. Any such waiver must be in writing, and it must be clear that the student and parent understand all the rights being waived and the consequences of waiving those rights.

A parent’s failure to request a hearing cannot be interpreted as a waiver of rights to a hearing.

A hearing officer is appointed by the superintendent of schools to conduct student disciplinary hearings.

The hearing officer’s report is advisory only, and the superintendent may accept or reject all or any part of it.

Students may appeal a long-term suspension to the school board of education, and thereafter to the commissioner of education.

When a student of any age is suspended from school, immediate steps must be taken to provide alternative means of instruction for the student. Such alternative instruction must begin within one or two days of suspension.

Alternative instruction does not have to match every aspect of the instructional program the student received prior to the removal from the classroom.

4. In-school Suspension

In-school suspension can be imposed by someone other than the principal.

Although not subject to a formal process, the parents must be provided with the opportunity for an informal conference with the individual who imposed the suspension to discuss the student’s misconduct and the penalty involved.

An in-school suspension shall not prevent, prohibit, or otherwise impede a student’s access to appropriate instruction. Student shall receive substantially equivalent, alternative instruction.

5. Suspension from Privileges (Transportation, Social Functions, Extra-Curricular Activities and other privileges)

A. Suspension from Transportation

Suspension from transportation services does not require a full, formal hearing as required in school suspension cases.

A suspension from transportation, in and of itself, does not affect a student’s right to attend school.

A parent may request, has the right and should be afforded an opportunity to informally discuss the facts underlying the suspension with the principal, his/her designee, the director of transportation or his/her designee

The district must be reasonably certain that the student being suspended was involved in the misconduct supporting the suspension.

Where suspending a student from school transportation amounts to a suspension from school attendance because of the distance between home and school and the unavailability of an alternative public or private means of transportation, a district must make “appropriate arrangements” to provide for the student’s education.

B. Suspension from Social Functions, Special Recognitions* or Extra-curricular Activities (Please see Policy 5310 B: Student Activity Code of Conduct)

Suspension from social functions, special recognitions or extra-curricular activities does not require a full, formal hearing as required in school suspension cases.

A suspension from social functions or extra-curricular activities, in and of itself, does not affect a student’s right to attend school.

A parent may request, has the right and should be afforded an opportunity to informally discuss the facts underlying the suspension with the principal, his/her designee, the director of transportation or his/her designee.

* Special recognitions include, but are not limited to honors, scholarships and other accolades at which the student represents the school or district as an example to others.

VIII. DISCIPLINE PROCESS FOR STUDENTS WITH DISABILITES

(Refer to Shenendehowa Board of Education Policy)

Students with disabilities are expected to follow the discipline code at Shenendehowa. However, if a student with a disability violates the school code of conduct and is being considered for a suspension or removal that constitutes a disciplinary change of placement (i.e. removal for more than 10 consecutive days or a series of removals that in the aggregate total more than 10 school days) a manifestation determination must be conducted.

The parent must receive written notification before any manifestation team meeting to ensure that the parent has an opportunity to attend. The notification must inform the parent of:

The purpose of the meeting

The names of the individuals expected to attend

His or her right to have relevant members of the Committee on Special Education participate at the parent’s request.

The manifestation team must review all relevant information in the student’s file including:

The student’s Individual Educational Plan

Any teacher observations

Any relevant information provided by the parents

Upon review of the above information, the manifestation team must determine:

If the conduct in question was caused by or had a direct and substantial relationship to the students disability

If the conduct in question was the direct result of the school’s failure to implement the Individual Educational Plan

If the manifestation team determines that the conduct was caused by or had a direct and substantial relationship to the student’s disability or the conduct in question was the direct result of the school district’s failure to implement the Individual Educational Plan:

The Committee on Special Education must conduct a functional behavioral assessment and implement a behavioral intervention plan for the student; and

Except for removals for drugs, weapons or serious bodily injury pursuant to section 201.7 of the Regulations of the Commissioner, the student must be returned to the placement from which the student was removed, unless the parent and the school district agree to a change of placement as part of the modification of the behavioral intervention plan.