• CODE OF CONDUCT                                                                            5300

    DASA POLICY (CYBERBULLYING)

     

    5300.05  Introduction

    The Board of Education 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 Board recognizes the need to clearly define these expectations for acceptable conduct on school property, identify the possible consequences of unacceptable conduct, and to ensure that discipline, when necessary, is administered promptly and fairly. To this end, the Board adopts this code of conduct ("code").

    5300.10   Definitions

    For purposes of this code, the following definitions apply. 

    Disruptive student means an elementary or secondary student under the age of 21 who is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom.

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

    School property means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school, or in or on a school bus, 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:

    1. Commits an act of violence upon a school employee, or attempts to do so.
    2. Commits, while on school property or at a school function, an act of violence upon another student or any other person lawfully on school property or at the school function, or attempts to do so.
    3. Possess, while on school property or at a school function, a weapon.
    4. Displays, while on school property or at a school function, what appears to be a weapon.
    5. Threatens, while on school property or at a school function, to use a weapon.
    6. Knowingly and intentionally damages or destroys the personal property of any school employee or any person lawfully on school property or at a school function.
    7. Knowingly and intentionally damages or destroys school district property.

    Weapon means a firearm as defined in 18 USC §921 for purposes of the Gun-Free Schools Act. It also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger, dirk, razor, stiletto, switchblade knife, gravity knife, brass knuckles, sling shot, metal knuckle knife, box cutters, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper spray or other noxious spray, explosive or incendiary bomb, or other device, instrument, material or substance that can cause physical injury or death when used to cause physical injury or death. 

    Harassment and bullying shall mean the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying, that:

    1. Has or would have the effect of unreasonably and substantially interfering with a student’s education performance, opportunities or benefits, or mental, emotional or physical well-being; or
    2. Reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or
    3. Reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or
    4. Occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property.

    such conduct shall include, but is not limited to, threats, intimidation, or abuse based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.  For the purposes of this definition, the term “threats, intimidation or abuse” shall include verbal and non-verbal actions.  This prohibition includes anyone associated with Eldred CSD, including students, school staff, administrators, parents and community members.

    Cyberbullying shall mean harassment or bullying which occurs through any form of electronic communication.

    Emotional harm that takes place in the context of harassment or bullying shall be defined as harm to a student’s emotional well-being through creation of a hostile school environment that is so severe or pervasive as to unreasonably and substantially interfere with a student’s education.  Such conduct shall include, but is not limited to, acts based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.

     

    5300.15  Student Rights and Responsibilities

    1. Student Rights

    All students have the right to: 

    1. A safe, healthy, orderly and civil learning environment.
    2. Take part in all district activities on an equal basis regardless of a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability sexual orientation, gender or sex.
    3. Present their version of the relevant events to school personnel authorized impose a disciplinary penalty in connection with the imposition of a penalty.
    4. Access school rules and, when necessary, receive an explanation of those rules from

    school personnel.

    1. 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. Strive toward their highest level of achievement possible in both academics and extracurricular activities.
    5. Ask questions when they do not understand.
    6. Seek help in solving problems that might lead to discipline.
    7. Dress appropriately for school and school functions.
    8. Accept responsibility for their actions.
    9. 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.
    1. Participation in Extracurricular Activities

                EXTRACURRICULAR CODE OF CONDUCT

                Statement of Purpose:

    The Eldred Central School District believes that involvement in extracurricular activities, including interscholastic athletics, is essential to the development of a well-rounded individual and student and should be encouraged. However, participation in extracurricular activities such as drama club, sports, etc. is a privilege and not a right. The purpose of this Code is to ensure that as a condition of extending the privilege, the School District ensures that any student who represents the District at all times presents the characteristics of a good citizen of both the school and the community.

    The student who participates in extracurricular activities should recognize that he/she has an obligation to one's self, other students, and the school community to strive for excellence. 

                General Requirements:

     As a condition of participation in School extracurricular activities students shall be required to maintain acceptable academic standards. It is the District's expectations that all students will strive to achieve their best academically as well as in their chosen activity. At the five week reporting time, if a student is failing two or more subjects, they will not be eligible to participate in extracurricular activities until the next reporting period unless they choose to use an exemption by attending homework hall for 10 school days.  Upon the 11th day if they are currently passing all subjects they can become eligible until the next progress report.  This option (exemption) may only be used once during the school year or at the discretion of the building principal. 

    Code of Conduct for Extra-Curricular Activities:

    1. Students must participate and abide by the Eldred Central School Student Handbook.
    2. Students will not use tobacco products, drugs, or consume alcoholic beverages. Violations will result in immediate removal from all extracurricular activities for the remainder of the season or activity.
    3. Students do not engage in disrespectful conduct of any sort including profanity, obscene gestures and offensive remarks of a sexual or racial nature, trash-talking, taunting, boastful celebrations, bullying or other actions that demean individuals. Students are to display positive behavior and not engage in conduct that is disruptive or disrespectful. Again profanity or abusive language will not be tolerated.
    4. Regular school attendance is of utmost importance to achieve academic success. Attendance under this section will be governed by BOE policy 5100 STUDENT ATTENDANCE.
    5. It is important for students to be good citizens while in school. If a student receives a detention or in-school or out-of-school suspension for inappropriate behavior that student-athlete will not participate in the extracurricular activity during that detention or suspension period.
    6. Students should present a clean and neat appearance at all functions pertaining to their activity. Ragged or torn clothing or items using offensive language and/or inappropriate slogans or advertisements are unacceptable. Students must be presentable and appropriate in their appearance.

    5300.20     Essential Partners

    1. Parents or persons in a parental relationship

    All parents are expected to:

    1. Recognize that the education of their child(ren) is a joint responsibility of the parents and the school community.
    2. Send their children to school ready to participate and learn.
    3. Ensure their children attend school regularly and on time.
    4. Ensure absences are excused.
    5. Insist their children be dressed and groomed in a manner consistent with the student dress code.
    6. Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly environment.
    7. Know school rules and help their children understand them.
    8. Help their children deal effectively with peer pressure.
    9. Inform school officials of changes in the home situation that may affect student conduct or performance.
    10. Provide a place for study and ensure homework assignments are completed.
    11. Parents are expected to conduct themselves in an appropriate and respectful manner when interacting with students, faculty and staff.         

     Teachers

    All district teachers are expected to:

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

     Guidance Counselors/School Psychologist

    1. Assist students in coping with peer pressure and emerging personal, social and emotional problems.
    2. Initiate teacher/student/counselor conferences and parent/teacher/student/counselor conferences, as necessary, as a way to resolve problems.
    3. Regularly review with students their educational progress and career plans.
    4. Provide information to assist students with career planning.
    5. Encourage students to benefit from the curriculum and extracurricular programs.

     Principals

    1. Promote a safe, orderly and stimulating school environment, supporting active teaching and learning.
    2. Ensure that students and staff have the opportunity to communicate regularly with the Principal and approach the Principal for redress of grievances.
    3. Evaluate on a regular basis all instructional programs.
    4. Support the development of and student participation in appropriate extracurricular activities.
    5. Be responsible for enforcing the code of conduct and ensuring that all cases are resolved promptly and fairly.

     Superintendent

    1. Promote a safe, orderly and stimulating school environment, supporting active teaching and learning.
    2. Review with district administrators the policies of the Board of education and state and federal laws relating to school operations and management.
    3. Inform the Board about educational trends relating to student discipline.
    4. Work to create instructional programs that minimize problems of misconduct and are sensitive to student and teacher needs.
    5. Work with district administrators in enforcing the code of conduct and ensuring that all cases are resolved promptly and fairly.

     Board of Education

           1. Collaborate with student, teacher, administrator, and parent organizations, school safety personnel and other school personnel to develop a code            of conduct that clearly defines expectations for the conduct of students, district personnel and visitors on school property and at school functions.

           2. Adopt and review at least annually the district's code of conduct to evaluate the code's effectiveness and the fairness and consistency of its                    implementation.

           3. Lead by example by conducting Board meetings in a professional, respectful, courteous manner.

                            

    Dignity Act Coordinators (DASA/DACs):

    1. Refers to one or more staff members in each school, appointed by the Board of Education, who are thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice disability sexual orientation, gender and sex.
    1. The following are the names and contact information for the District’s Dignity Act Coordinators:

     

    Eldred Central Jr./Sr. High School

    Scott Krebs, Principal

    PO Box 249, 600 State Route 55

    Eldred, NY  12732

    845-456-1100 x 5183  Fax 845-557-3672

    skrebs@eldred.k12.ny.us

     

    George Ross Mackenzie Elementary School

    Virginia Keegan, Principal

    PO Box 249, Eldred, NY  12732

    1045 Proctor Road

    Glen Spey, NY  12737

    845-456-1100 x 5099  Fax 845-856-8579

    keeganv@eldred.k12.ny.us

     

    Eldred Central School District

    Robert M. Dufour, Superintendent of Schools

    PO Box 249, 600 State Route 55

    Eldred, NY  12732

    845-456-1100 x 5296  Fax 845-557-3672

    dufourr@eldred.k12.ny.us

    COMPLAINTS REGARDING BULLYING CAN BE MADE TO THE DASA COORDINATOR, PRINCIPAL OR SUPERINTENDENT.

     

    5300.25    STUDENT DRESS CODE 

    All students are expected to give proper attention to personal cleanliness and to dress appropriately for school and school functions. Students and their parents have the primary responsibility for acceptable student dress and appearance.  Teachers and all other district personnel should exemplify and reinforce acceptable student dress and help students develop an understanding of appropriate appearance in the school setting.

    A student's dress, grooming and appearance, including hair style/color, jewelry, make-up, and nails, shall:

    • Be safe, appropriate and not disrupt or interfere with the educational process.
    • Student dress must be age appropriate.
    • Recognize that extremely brief garments such as tube tops, net tops, halter tops, spaghetti straps, plunging necklines (front and/or back) and see-through garments are not appropriate. The length of skirts and shorts must be no shorter than 4” above the back of the knee.
    • Ensure that underwear is completely covered with outer clothing.
    • Include footwear at all times. Footwear that is a safety hazard will not be allowed.
    • Not include items that are vulgar, obscene, libelous, or denigrate others on account of race, color, religion, creed, national origin, gender, sexual orientation or disability.
    • Not promote and/or endorse the use of alcohol, tobacco or illegal drugs and/or encourage other illegal or violent activities.

    Each Building Principal or his/her designee shall be responsible for informing all students and their parents of the student dress code at the beginning of the school year and any revisions to the dress code made during the school year.

    Students who violate the student dress code shall be required to modify their appearance by covering or removing the offending item, and if necessary or practical, replacing it with an acceptable item.  Any student who refuses to do so shall be subject to discipline, up to and including in-school suspension for the day.  Any student who repeatedly fails to comply with the dress code shall be subject to further discipline, up to and including out of school suspension.

     

    5300.30   PROHIBITED STUDENT CONDUCT

    The Board of Education expects all students to conduct themselves in an appropriate and civil manner, with proper regard for the rights and welfare of other students, district personnel and other members of the school community, and for the care of school facilities and equipment.

    The Board recognizes the need to make its expectations for student conduct while on school property or engaged in a school function specific and clear. The rules of conduct listed below are intended to do that and focus on safety and respect for the rights and property of others.  Students who will not accept responsibility for their own behavior and who violate these school rules will be required to accept the penalties for their conduct.

    Students may be subject to disciplinary action, up to and including suspension from school, when they:

    Engage in conduct that is disorderly. Examples of disorderly conduct include:

    1. Running in hallways
    2. Making unreasonable noise.
    3. Using language or gestures that is profane, lewd, vulgar or abusive.
    4. Trespassing
    5. Computer/electronic communications misuse, including any 
    6. Unauthorized use of computers, software, or internet/intranet account
    7. Accessing inappropriate websites; or any other violation of the district’s acceptable use policy.

                              

     Engage in conduct that is insubordinate. Examples of insubordinate conduct include:

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

     Engage in conduct that is disruptive. Examples of disruptive conduct include:

    Failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of students.

    1. Failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of students.
    1. Inappropriate public displays of affection including necking, kissing, and inappropriate physical contact or engaging in sexual contact while on school grounds, on the bus or while attending school sponsored or supervised activities or events both on and off school grounds.

     

    1. Threatening acts of violence.

    Threatening acts of violence.

     Engage in conduct that is violent.  Examples of violent conduct include:

    1. Committing an act of violence (such as hitting, kicking, punching, and scratching) upon a teacher, administrator or other school employee or attempting to do so.
    2. Committing an act of violence (such as hitting, kicking, punching, and scratching) upon another student or any other person lawfully on school property or attempting to do so.
    3. Possessing a weapon.
    4. Displaying what appears to be a weapon.
    5. Intentionally damaging or destroying the personal property of a student, teacher, administrator, other district employee or any person lawfully on school property, including graffiti or arson.
    6. Intentionally damaging or destroying school district property.

     Engage in any conduct that endangers the safety, morals, health or welfare of others.

           Examples of such conduct include:

    1. Subjecting other students, school personnel or any other person lawfully on school property or attending a school function to danger by recklessly engaging in conduct which creates a substantial risk of physical injury.
    2.          Stealing the property of other students, school personnel or any other person lawfully on school property or attending a school function.
    3. Discrimination, which includes a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability sexual orientation, gender or sex as a basis for treating another in a negative manner.
    4. Bullying behavior, as defined in Section 5300.10 Definitions above, is strictly       prohibited and such conduct will result in disciplinary action. 
    5. Harassment, which includes a sufficiently severe action or persistent pervasive      pattern of actions or statements which are intended to be ridiculing or demeaning.
    6. Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm.
    7. Hazing, which includes an intentional or reckless act directed against another for the purpose of         initiation into, affiliating with or maintaining membership in any    school sponsored activity, organization, club or team.
    8. Selling, using or possessing obscene material.
    9. Using vulgar, or abusive language or visual images, cursing or swearing.
    10. Smoking a cigarette, cigar, pipe, using chewing or smokeless tobacco, using vapor pens, e-cigarettes, or any other similar electronic device
    11. Possessing, consuming, selling, distributing or exchanging alcoholic beverages or illegal substances, or being under the influence of either.   "Illegal substances" include, but are not limited to, inhalants, marijuana, cocaine, LSD, PCP,

    Amphetamines, heroin, steroids, look-alike drugs, and any substances commonly referred to as "designer drugs”, and prohibited substances such as synthetic cannabinoids.

    1. Inappropriately using or sharing prescription and over-the-counter drugs.
    2. Gambling.
    3. Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner either in person, via photos or electronically.
    4. Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.

     Engaging in bullying or harassment of any kind of any kind as defined in this code including cyberbullying or retaliation against any individual who, in good faith, reports or assists in the investigation of harassment or bullying or discrimination.

     Engage in misconduct while on a school bus.  Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior.  Excessive noise, pushing, shoving and fighting will not be tolerated. 

     The following rules will apply to the use of bus privileges.  Any violation of these rules may result in the suspension of these privileges.         

    1. The bus driver may assign seats.
    2. Passengers must be courteous at all times.
    3. The use of profanity is prohibited.
    4. No food or drink is permitted on the bus at any time.
    5. Passengers must remain seated at all times.
    6. There is no smoking on the bus – prohibited use of cigarettes, cigar, pipe, using chewing or smokeless tobacco, using vapor pens, e-cigarettes, or any similar electronic device.
    7. Passengers must keep their hands and heads inside the bus at all times.
    8. Disorderly behavior or other inappropriate conduct is prohibited.
    9. For their own safety passengers should not distract the bus driver while the bus is in operation.

     Engage in any form of academic misconduct. Examples of academic misconduct include:

    1. Plagiarism – to steal or pass off the words or ideas of another as your own.
    2. Cheating – to mislead, deceive, or act dishonestly on purpose.
    3. Copying – the duplication of another’s work with or without permission.
    4. Altering records – changing the information contained in a printed record.
    5. Assisting another student in any of the above actions.

     Engage in off-campus misconduct that endangers the health and safety of students or staff within the school or adversely affects the educational process. 

    Examples of such misconduct include:        

    1. Cyberbullying.
    2. Threatening, hazing, harassing students or school personnel over the phone or the internet.        
    3. Using message boards to convey threats, derogatory comments or post pornographic pictures of students or school personnel.
    4. Cell Phones and other Electronic Devices

    In order to promote a school climate that will allow students to focus on their education with the least amount of disruption or interruption, the following is a clarification of our school policy for the Junior/Senior High School Building only. 

    Electronic devices will be permitted during the school day based on the following information:

    • Students are permitted to use their cell phones or IPADs in designated Green Zones (hall, cafeteria).
    • In a Yellow Zone (classroom or office), the student must have permission from the adult supervising that space.
    • A Red Zone (bathroom, locker room) means that the student may not use their phone or electronic device for any reason.
    • Sound limiting headphones are not allowed during passing. Ear buds  are permitted, but only one ear bud should be worn in one ear to allow students to hear directions.

    In the event of a school emergency, such as building lockdown, fire drill, or stay put, the entire school becomes a Red Zone Area. 

    The school will not take responsibility for the loss of the item.  The video/audio use or picture taking of anything is strictly prohibited.

    No cell phones or electronic devices are permitted during school hours at the Elementary School.

    1. Use of District Network and Use of Social Media

                Network Use:

    • All system use must be in support of education and be consistent with the mission of the Eldred Central School. ECSD reserves the right to prioritize use and access to the system.
    • Any use of the system must comply with State and Federal law.
    • The system constitutes public facilities and may not be used for personal gain or political agendas.
    • The system shall not be used for malicious activities. Malicious activities include (but are not limited to):  disruption of network services including but not limited to the installation of apps, games or other personal software, intentional damage or modification to hardware or software, unauthorized installations, and the use of unauthorized equipment.
    • Users are responsible for the appropriateness of materials they transmit over the network. The use of the network for hate mail, bullying, harassment, discriminatory remarks, pornographic material, or other undesirable behavior is strictly prohibited.
    • ECSD reserves the right to filter and monitor all use of electronics that are provided by the school or use the school resources. The use of the District network is a privilege – not a right.  Inappropriate use may result in the suspension or revocation of that privilege or discipline under the Code of Conduct.

     

    Social Media:

    The lines between public and private, personal and professional are blurred in the digital world.  Whether it is clearly communicated or not, a student may be identified as representing the school in what you do and say online.  If you participate in a social networking site for personal use:

    • In your personal use of social media, make it clear that you are speaking for yourself.
    • You may not use the District’s logos or symbols.
    • Social media sites should not be used to engage in any inappropriate behavior (as noted above in network use). All users are expected to abide by the generally accepted rules of network etiquette.  This includes being polite and using only appropriate language.  Abusive language, vulgarities and swear words are all inappropriate.
    • Students may be held legally responsible for postings that are abusive, derogatory, or inflammatory or which otherwise may deem disruptive to the educational process whether they are made on or off school property.

     

    5300.35     Reporting Violations 

    All students are expected to promptly report violations of the code of conduct to a teacher, guidance counselor, the Building Principal or his or her designee. Any student observing a student possessing a weapon, alcohol or illegal substance on school property or at a school function shall report this information immediately to a teacher, the Principal, the Principal’s designee or the Superintendent of Schools.

    All district staff that are authorized to impose disciplinary sanctions are expected to do so in a prompt, fair and lawful manner. District staff who are not authorized to impose disciplinary sanctions are expected to promptly report violations of the code of conduct to their supervisor, who 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.

    All school employees are required to report alleged violations of this policy to the principal or the principal’s designee. Staff members are expected to immediately intervene when they see a bullying incident occur. All other members of the school community, including students, parents, volunteers and visitors, are encouraged to report any act that may be a violation of this policy. Reports can be made anonymously, although formal disciplinary action may not be based solely on the basis of an anonymous report.

    All such reports will be taken seriously. The principal or principal’s designee will conduct a prompt, thorough and complete investigation of each alleged incident in order to verify the validity and seriousness of the report.

    Reprisal or retaliation against any person who reports a bullying incident is prohibited.

    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, which may include permanent suspension and referral for prosecution.

    The Principal or his/her designee must notify the appropriate local law enforcement agency

    of those code violations that constitute a crime and substantially affect the order or security of a school as soon as practical, but in no event later than the close of business the day the Principal or his/her designee learns of the violation.  Such notification of law enforcement includes but is not limited to notification of law enforcement regarding incidents of harassment, bullying or discrimination which may constitute a crime.  The notification may be made by telephone, followed by a letter mailed on same day as the telephone call is made.  The notification must identify the student and explain the conduct that violated the code of conduct and constituted a crime.

     

    5300.40   Disciplinary Penalties, Procedures and Referrals

    Disciplinary action, when necessary, will be firm, fair and consistent so as to be the most effective in changing student behavior and ensuring proper punishment for the acts proven or admitted. 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 may merit a lighter penalty than subsequent violations depending on the severity of the infraction

    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.

    Eldred CSD staff and administration have developed and will implement a hierarchy of consequences that matches specific bullying behaviors to disciplinary and/or remedial action.

    The following factors will be taken into consideration when determining appropriate consequences: age, development, degree of harm, surrounding circumstances, nature and severity of the behavior, past or continuing patterns of behavior, relationship between involved parties, and the context in which the alleged incident has occurred.

    Consequences and appropriate remedial actions for a student who commits one or more acts of bullying may involve positive behavioral interventions up to and including suspension or expulsion. The hierarchy of consequences will be used as a basis for determining the disciplinary action.

    Remedial action and consequences for school employees will be determined on a case-by-case basis and in accordance with the employee handbook or school code of conduct. Parents, volunteers and community members are expected to maintain the same high standards of behavior that are expected of students and staff.

    Since bystander support of harassment or bullying can support negative bullying behaviors, Eldred CSD prohibits both active and passive support for acts of harassment or bullying. The staff will provide encouragement and support for students to walk away from acts of bullying, constructively attempt to stop them and/or report them to the designated authority. Students will be given the skills to know how to intervene when they witness a bullying incident.

     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 penalty will be commensurate with the severity of the offense.

    1. Oral warning
    2. Telephone call to parent by a faculty or staff member.
    3. Written warning
    4. Written notification to parent
    5. Removal from Classroom
    6. Teacher Detention
    7. School Detention
    8. Suspension from transportation
    9. Suspension from athletic participation
    10. Suspension from social or extracurricular activities
    11. Suspension of other privileges
    12. In-school suspension
    13. Short-term (five days or less) suspension from school
    14. Long-term (more than five days) suspension from school
    15. Permanent suspension from school

     

    Procedures

    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: Detention (after school) will be imposed as a penalty only after the  student's parent has been notified.   However, the final decision as to the punishment shall be within the sole discretion of the appropriate school official.
    1. Suspension from transportation: Students who become a serious disciplinary problem may have their riding privileges suspended by the Principal or the Superintendent or their designees.

    In such cases, the student's parent will become responsible for seeing that his or her child gets to and from school safely. Should the suspension from transportation amount to a suspension from attendance, the district will make appropriate arrangements to provide for the student's education.

    A student subjected to a suspension from transportation is not entitled to a full hearing pursuant to Education Law §3214.  However, the student and the student's parent will be provided with a reasonable opportunity for an informal conference with the Principal or the Principal’s designee to discuss the conduct and the penalty involved.

    1. 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. 
    1. 4. In-school Education (ISE): The Board authorizes 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 or teacher assistant.  

    Students will be notified by an administrator of their in-school education.  Students will report to the suspension room and do all assigned work.  Students lose no academic credit unless their work for that day is not completed.  All work will be collected and returned to teachers.  Students will eat lunch in the in-school education room and will be escorted to the bathroom.  STUDENTS WILL BE UNABLE TO PARTICIPATE IN EXTRA CURRICULAR ACTIVITIES FOR THAT SCHOOL DAY.  Parents will receive written notification that their child was in the ISE.       

    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.

    1.       Teacher Disciplinary Removal of Disruptive Students:  In most instances the classroom teacher can control a student's behavior and maintain or restore control

    over the classroom by using good classroom management techniques.  Such practices may include, but are not limited to: (1) short-term "time out" in an elementary classroom or in an administrator's office; (2) sending a student into the hallway briefly; (3) sending a student to the Principal's office for the remainder of the class time only; or (4) sending a student to a guidance counselor or other district staff member for counseling. Time-honored classroom management techniques such as these do not constitute disciplinary removals for purposes of this code.        

    A disruptive student is a student who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom.  Substantial interference occurs when a student demonstrates a persistent unwillingness to comply with the teacher’s instructions or repeatedly violates the teacher’s classroom behavior rules. 

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

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

    If the student poses a danger or ongoing threat of disruption, the teacher may order the student to be removed immediately.  The teacher must, however, explain to the student why he or she was removed from the classroom and give the student a chance to present his or her version of the relevant events within 24-hours.

    The teacher must complete a district-established disciplinary removal form and meet with the Principal or his or her designee as soon as possible, but no later than the end of the school day, to explain the circumstances of the removal and to present the removal form.  If the Principal or designee is not available by the end of the same school day, the teacher must leave the form with the secretary and meet with the Principal or designee prior to the beginning of classes on the next school day.

    Within 24 hours after the student's removal, the Principal or another district administrator designated by the Principal must notify the student's parent, in writing, that the student has been removed from class and why. The notice must also inform the parent that he or she has the right, upon request, to meet informally with the Principal or the Principal's designee to discuss the reasons for the removal.

    The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the student's removal at the last known address for the parent. Where possible, notice should also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting parents.

    The Principal may require the teacher who ordered the removal to attend the informal conference.

    If at the informal meeting the student denies the charges, the Principal or the Principal's designee must explain why the student was removed and give the student and the student's parents/guardians 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/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

    The Principal makes a final determination, or the period of removal expires, whichever is less.

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

    1. 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 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.

    1. Short term (five 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 confer­ence, the Principal shall promptly advise the parents in writing of his or her decision. The Principal shall advise the parents that if they are not satisfied with the decision and wish to pursue the matter, they must file a written appeal to the Superintendent within five business days, unless they can show extraordinary circumstances precluding them from doing so.  The Superintendent shall issue a written decision regarding the appeal within 10 business days of receiving the appeal.  If the parents are not satisfied with the Superintendent’s decision, they must file a written appeal to the Board of education with the District Clerk within 10 business days of the date of the Superintendent's decision, unless they can show extraordinary circumstances precluding them from doing so.  Only final decisions of the Board may be appealed to the Commissioner of Education within 30 days of the decision.

    1. Long term (more than five days) Suspension from School: When the Superintendent or Principal determines that a suspension for more than five days may be warranted, he or she shall give reasonable notice to the student and the student's parents of their right to a fair hearing.  At the hearing the student shall have the right to be represented by counsel, the right to question witnesses against him or her and the right to present witnesses and other evidence on his or her behalf.

     

    The Superintendent shall personally hear and determine the proceed­ing or may, in his or her discretion, designate a hearing officer to conduct the hearing.  The hearing officer shall be authorized to admin­ister oaths and to issue subpoenas in conjunction with the proceeding before him or her.  A record of the hearing shall be maintained, but no steno­graphic transcript shall be required. A tape recording shall be deemed a satisfactory record. The hearing officer shall make findings of fact and recommendations as to the appropriate measure of discipline to the Superintendent. The report of the hearing officer shall be advisory only, and the Superintendent may accept all or any part thereof.

    An appeal of the decision of the Superintendent may be made to the Board that will make its decision based solely upon the record before it.  All appeals to the Board must be in writing and submitted to the district clerk within 10 business days of the date of the Superintendent's decision, unless the parents can show that extraordinary circumstances precluded them from doing so. The Board may adopt in whole or in part the decision of the Superintendent.  Final decisions of the Board may be appealed to the Commissioner of Education within 30 days of the decision.

    1. 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.

     

    1. Procedure after suspension: The Board may condition a student’s early return from a suspension on the student’s voluntary participation in counseling or specialized classes, such as anger management or dispute resolution.  The Board retains discretion in offering this opportunity.  If and when the student and/or parent/guardian agrees to this option, the terms and conditions shall be specified in writing. 

     Appeals Process:  During the appeals process for any type of suspension, the suspension will remain in effect and WILL NOT be stayed.

     Minimum Periods of Suspension:

    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.  The Superintendent refers students who bring weapons to school to law enforcement.

    1. Students who commit violent acts other than bringing a weapon to school:

    Any student, other than a student with a disability, who is found to have committed a violent act, other than bringing a weapon onto school property, may be subject to suspension from school for at least 2 days.  If the proposed penalty results in a suspension, the student and the student's parent will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed penalty exceeds the minimum five-day suspension, the student and the student's parent will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The Superintendent has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

    1. Students who are repeatedly substantially disruptive of the educational process or who repeatedly substantially interferes with the teacher's authority over the classroom:

    Any student, other than a student with a disability, who repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom may be suspended from school for at least 2 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 five or more occasions during a semester.  If the proposed penalty is the an out of school 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 minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

    1. Students who endangers the safety, morals, health or welfare of others:

    Any student, other than a student with a disability, who endangers the safety, morals, health or welfare of others may be suspended from school for a minimum of one day.  The Principal will evaluate each incident and determine any additional discipline that is appropriate for the student and the infraction and consistent with established board policy.  The Principal reviews conduct and the interventions needed to reduce the occurrences on an annual basis.        

    1. Referrals

           2. Counseling/Human Services: The Guidance Office/ Social Worker shall handle all referrals of students to counseling and/or human services.

          3.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: Being habitually truant and not attending school as required by part one of               Article 65 of the Education Law. 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. 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.

          4. 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: Any student under the age of 16 who is found to have brought a weapon to school, or              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.

    5300.45    ALTERNATIVE INSTRUCTION

    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 for more than 5 days, the district will take immediate steps to provide alternative means of instruction for the student.

    5300.50   DISCIPLINE OF STUDENTS WITH DISABILITIES

    The Board recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities who violate the district’s student code of conduct, and/or to temporarily remove a student with disabilities from his or her current placement because maintain the student in that placement is substantially likely to result in injury to the student or to others.  The Board also recognizes that students with disabilities deemed eligible for special education services under the IDEA and Article 89 of New York’s Education Law enjoy certain procedural protections that school authorities must observe when they decide to suspend or remove them.  Under certain conditions those protections extend, as well, to students not currently deemed to be a student with a disability but determined to be a student presumed to have a disability for discipline purposes. 

    Therefore, the Board is committed to ensuring that the district follows suspension and removal procedures that are consistent with those procedures that are consistent with those protections.  This code of conduct for students is intended to afford students with disabilities and students presumed to have a disability for discipline purposes the express rights they enjoy under applicable law and regulations. 

    Definitions:  For purposes of this portion of the code of conduct, and consistent with applicable law and regulations, the following definitions will apply:

    1. Behavioral intervention plan (BIP) means a plan that is based on the results of a functional behavioral assessment and that, at a minimum, includes a description of the problem behavior, global and specific hypotheses as to why the problem behavior occurs, and intervention strategies that include positive behavioral supports and services to address the behavior.
    2. Controlled substance means a drug or other substance abuse identified under schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 USC § 812(c)).
    3. Disciplinary change in placement means a suspension or removal from a student’s current educational placement that is either:For more than 10 consecutive school days; or 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, because the student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals, and because of such additional factors as the length of each suspension or removal, the total amount of time the student has been removed and the proximity of the suspensions or removals to one another.
    1. Illegal drug means a controlled substance, but does not include a controlled substance legally possessed or used under the supervision of a licensed health-care professional, or a substance that is otherwise legally possessed or used under the authority of the Controlled Substances Act or under any other provision of federal law.
    2. Interim alternative educational setting (IAES) means a temporary educational placement, other than the student’s current placement at the time the behavior precipitating the IAES placement occurred. An IAES must allow a student to continue to receive educational services that enable him or her to continue to participate in the general curriculum and progress toward meeting the goals set out in the student’s individualized education program; as well as to receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications designed to address the behavior violation so that it does not recur.
    3. Manifestation review means a review of the relationship between the student’s disability and the behavior subject to disciplinary action required when the disciplinary action results in a disciplinary change of placement, and conducted in accordance with requirements set forth later in this policy.
    4. Manifestation team means a district representative knowledgeable about the student and the interpretation of information about child behavior, the parent, and relevant members of the committee on special education as determined by the parent and the district.
    5. Removal means a removal of a student with a disability for disciplinary reasons from his or her current educational placement, other than a suspension; and a change in the placement of a student with a disability to an IAES.
    6. School day means any day, including a partial day, that students are in attendance at school for instructional purposes.
    7. Serious bodily injury means bodily injury which involves a substantial risk of death, extreme physical pain, protracted obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty.
    8. Student presumed to have a disability for discipline purposes means a student who, under the conditions set forth later in this policy, the district is deemed to have had knowledge was a student with a disability before the behavior that precipitated the disciplinary action.
    9. Suspension means a suspension pursuant to §3214 of New York’s Education Law.
    10. Weapon means the same as the term “dangerous weapon” under 18 USC §930(g)(2) 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.

     

    Authority of School Personnel to Suspend or Remove Students with Disabilities:  The Board, District Superintendent, Superintendent of Schools or a Building Principal with authority to suspend students under the Education Law 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. 

    The Superintendent may, directly or upon the recommendation of a designated hearing officer, order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed ten consecutive school days inclusive of any period in which the student has been suspended or removed for the same behavior pursuant to the above paragraph, if the Superintendent determines that the student’s behavior warrants the suspension.    The Superintendent also may order additional suspensions of not more than ten consecutive school days in the same school year for separate incidents of misconduct, as long as the suspensions do not constitute a disciplinary change of placement.

    In addition, the Superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for a period in excess of ten consecutive school days if the manifestation team determines that the student’s behavior was not a manifestation of the student’s disability.  In such an instance, the Superintendent may discipline the student in the same manner and for the same duration as a non-disabled student.

    Furthermore, the Superintendent may, directly or upon the recommendation of a designated hearing officer, order the placement of a student with a disability to an IAES to be determined by the committee on special education for a period of up to 45 school days if the student either:

    1. Carries or possesses a weapon to or at school, on school premises or to a school function, or
    2. Knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises or at a school function under the district’s jurisdiction, or
    3. Has inflicted serious bodily injury upon another person while at school, on school premises or at a school function under the district’s jurisdiction.

    The Superintendent may order the placement of a student with a disability to an IAES under such circumstances, whether or not the student’s behavior is a manifestation of the student’s disability.  However, the committee on special education will determine the IAES.

     

    Procedures for the Suspension or Removal of Students with Disabilities by School Personnel:

    1. In cases involving the suspension or removal of a student with a disability for a period of five consecutive school days or less, the student’s parents or persons in parental relation to the student will be notified of the suspension and given an opportunity for an informal conference in accordance with the same procedures that apply to such short term suspensions of non-disabled students.
    2. The suspension of students with disabilities for a period in excess of five school days will be subject to the same due process procedures applicable to non-disabled students, except that the student disciplinary hearing conducted by the Superintendent or a designated hearing officer shall be bifurcated into a guilt phase and a penalty phase. Upon a finding of guilt, the Superintendent or the designated hearing officer will await notification of the determination by the    manifestation team as to whether the student’s behavior was a manifestation of his or her disability.  The penalty phase of the hearing may proceed after receipt of that notification.  If the manifestation team determined that the behavior was not a manifestation of the student’s disability, the student may be disciplined in the same manner as a non-disabled student, except that he or she will continue to receive services as set forth below.  However, if the behavior was deemed a manifestation of the student’s disability, the hearing will be dismissed, unless the behavior involved concerned weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury, in which case the student may still be placed in an IAES. 

    Limitation on Authority of School Personnel to Suspend or Remove Students with Disabilities:       The imposition of a suspension or removal by authorized school personnel may not result in a disciplinary change of placement of a student with a disability that is based on a pattern of suspensions or removals as set forth above in the Definitions section of this policy, unless. 

    1. The manifestation team determines that the student’s behavior was not a manifestation of the student’s disability, or
    2. The student is removed to an IAES for behavior involving weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury as set forth above.

    School personnel will consider any unique circumstances on a case-by-case basis when determining whether a disciplinary change in placement is appropriate for a student with a disability who violates the district’s code of conduct.

    In addition, school personnel may not suspend or remove a disability in excess of the amount of time that a non-disabled student would be suspended for the same behavior.

    Parental Notification of a Disciplinary Change of Placement:  The district will provide the parents of a student with a disability notice of any decision to make a removal that constitutes a disciplinary change of placement because of a violation of the student code of conduct.  Such notice will be accompanied by a copy of the procedural safeguards notice.

    Authority of an Impartial Hearing Officer to Remove a Student with a Disability:  An impartial hearing officer may order the placement of a student with a disability to an IAES for up to 45 school days at a time if he or she determines that maintaining the current placement of the student is substantially likely to result in injury to the student or to others.  This authority applies whether or not the student’s behavior is a manifestation of the student’s disability.

    Manifestation Review:  A review of the relationship between a student’s disability and the behavior subject to disciplinary action to determine if the conduct is a manifestation of the student’s disability will be made by the manifestation team immediately, if possible, but in no case later than 10 school days after a decision is made by:

    1. The Superintendent to change the placement of a student to an IAES;
    2. An impartial hearing officer to place a student in an IAES; or
    3. The Board, the Superintendent, or Building Principal to impose a suspension that constitutes a disciplinary change in placement.

    The manifestation team must determine that the student’s conduct was a manifestation of the student’s disability if it concludes that the conduct in question was either:

    1. Caused by or had a direct or substantial relationship to the student’s disability, or
    2. The direct result of the district’s failure to implement the student’s individualized education program.

    The manifestation team must base its determination on a review all relevant information in the student’s file including the student’s individualized education program, any teacher observations, and any relevant information provided by the parents.

    If the manifestation team determines that the student’s conduct is a manifestation of the student’s disability, the district will:

    1. Have the committee on special education conduct a functional behavioral assessment of the student and implement a behavioral intervention plan, unless the district had already done so prior to the behavior that resulted in the disciplinary change of placement occurred.  However, if the student already has a behavioral intervention plan, the CSE will review the plan and its implementation, and modify it as necessary to address the behavior. 
    2. Return the student to the placement from which he or she was removed, unless the change in placement was to an IAES for conduct involving weapons, illegal drugs or controlled substances or the infliction of serious bodily injury, or the parents and the district agree to a change in placement as part of the modification of the behavioral intervention plan.

    If the manifestation team determines that the conduct in question was the direct result of the district’s failure to implement the student’s individualized education program, the district will take immediate steps to remedy those deficiencies.

     

    Services for Students with Disabilities during Periods of Suspension or Removal:  Students with disabilities who are suspended or removed from their current educational setting in accordance with the provisions of this policy and applicable law and regulation will continue to receive services as follows:

    1. During suspensions or removals of up to 10 school days in a school year that do not constitute a disciplinary change in placement, the district will provide alternative instruction to students with disabilities of compulsory attendance age on the same basis as non-disabled students. Students with disabilities who are not of compulsory attendance age will receive services during such periods of suspension or removal only to the same extent as non-disabled students of the same age would if similarly suspended.
    1. During subsequent suspensions or removals of up to 10 school days that in the aggregate total more than 10 school days in a school year but do not constitute a disciplinary change in placement, the district will provide students with disabilities services necessary to enable them to continue to participate in the general education curriculum and to progress toward meeting the goals set out in their respective individualized education program. School personnel, in consultation with at least one of the student’s teachers, will determine the extent to which services are needed to comply with this requirement.

    In addition, during such periods of suspension or removal the district will also provide students with disabilities services necessary for them to receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications designed to address the behavior violation so that it does not recur. 

    1. During suspensions or removals in excess of 10 school days in a school year that constitute a disciplinary change in placement, including placement in an IAES for behavior involving weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury, the district will provide students with disabilities services necessary to enable them to continue to participate in the general curriculum, to progress toward meeting the goals set out in their respective individualized education program, and to receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications designed to address the behavior violation so it does not recure.

    In such an instance, the committee on special education will determine the appropriate services to be provided.

    Students Presumed to Have a Disability for Discipline Purposes:  The parent of a student who is facing disciplinary action but who was not identified as a student with a disability at the time of misconduct has the right to invoke any of the protections set forth in this policy in accordance with applicable law and regulations, if the district is deemed to have had knowledge that the student was a student with a disability before the behavior precipitating disciplinary action occurred and the student is therefore a student presumed to have a disability for discipline purposes.

    If it is claimed that the district had such knowledge, it will be the responsibility of the Superintendent, Building Principal or other authorized school official imposing the suspension or removal in question for determining whether the student is a student presumed to have a disability for discipline purposes.  The district will be deemed to have had such knowledge if:

    1. The student’s parent expressed concern in writing to supervisory or administrative personnel, or to a teacher of the student that the student is in need of special education. Such expression may be oral if the parent does not know how to write or has a disability that prevents a written statement; or
    2. The student’s parent has requested an evaluation of the student; or
    3. A teacher of the student or other school personnel has expressed specific concerns about a pattern of behavior demonstrated by the student, directly to the district’s director of special education or other supervisory personnel.

    Nonetheless, a student will not be considered a student presumed to have a disability for discipline purposes if notwithstanding the district’s receipt of information supporting a claim that it had knowledge the student has a disability,

    1. The student’s parent has not allowed an evaluation of the student; or
    2. The student’s parent has refused services; or
    3. The District conducted an evaluation of the student and determined that the student is not a student with a disability.

    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 the district receives a request for an individual evaluation while the student is subjected to a disciplinary removal, the district will conduct an expedited evaluation of the student in accordance with applicable law and regulations.  Until the expedited evaluation is completed, the student shall remain in the educational placement determined by the district which can include suspension.

    Expedited Due Process Hearings:  The district will arrange for an expedited due process hearing upon receipt of or filing of a due process complaint notice for such a hearing by:

    1. The district 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;
    2. The district 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;
    3. The student’s parent regarding a determination that the student’s behavior was not a manifestation of the student’s disability; or
    4. The student’s parent relating to any decision regarding placement, including but not limited to any decision to place the student in an IAES.

    The district will arrange for, and an impartial hearing officer will conduct, an expedited due process hearing in accordance with the procedures established in Commissioner’s regulations.  Those procedures include but are not limited to convening a resolution meeting, and initiating and completing the hearing within the timelines specified in those regulations. 

    When an expedited due process hearing has been requested because of a disciplinary change in placement, a manifestation determination, or because the district believes that maintaining the student in the current placement is likely to result in injury to the student or others, the student will remain in the IAES pending the decision of the impartial hearing officer or until the expiration of the period of removal, whichever occurs first unless the student’s parent and the district agree otherwise.

    Referral to Law Enforcement and Judicial Authorities:  Consistent with its authority under applicable law and regulations, the district will report a crime committed by a student with a disability to appropriate law enforcement and judicial authorities.  In such an instance, The Superintendent will ensure that copies of the special education and disciplinary records of the student are transmitted for consideration to the appropriate authorities to whom the crime is reported, to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act (FERPA). 

     

    5300.60   student searches and interrogations

    The Board of Education is committed to ensuring an atmosphere on school property and at school functions that is safe and orderly.  To achieve this kind of environment any school official authorized to impose a disciplinary penalty on a student may question a student about an alleged violation of law or the district code of conduct.  Students are not entitled to any sort of “Miranda” type warning before being questioned by school officials required to contact a student’s parent before questioning the student.  However, school officials will tell all students why they are being questioned. 

    In addition, the Board authorizes the Superintendent of Schools, Building Principals, the school nurse 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.

     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.

     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.

     

    Use of Dogs to Detect Illegal Drugs and Substances:  In accordance with the terms and conditions of a contract between the district and the provider of the dog(s) and the handler(s), dogs may be used from time to time, to detect illegal drugs and substances in the district's lockers provided to the students.  The use of dogs is to combat the illegal use of contraband by students while in the school.  It is the goal of the district to maintain a learning conducive environment for all of the students.  The following guidelines apply to the use of dogs:

    1. The dog(s) and the handler(s) shall be given access to a particular building by the Principal who shall be given advance notice by the Superintendent of the date and time when the dog(s) and the handler(s) shall be at the building.
    2. The dog(s) and the handler(s) shall access the building only during times when students are in class.
    3. The Principal shall notify all teachers, in advance, to not allow students to leave class while the dog(s) and the handler(s) are in the building.
    4. Students shall remain in their respective classes until the dog(s) and the handler(s) have completed the task of detection, the results have been communicated to the Principal and the Principal has taken any necessary actions regarding detection(s), if any, by the dog(s) and their handler(s).
    5. The Principal shall notify the teachers when it is permissible for students to leave their respective classes.

     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 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 item 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. 

    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 Principal or his or her designee. The Principal or 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 not 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.

     

    5300.65    Visitors to the Schools

    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 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), 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 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.

     

     

    5300.70    Public Conduct on School Property

    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.

     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 a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability sexual orientation, gender or sex.
    6. Enter any portion of the school premises without authorization or remain in any building or facility after it is normally closed.
    1. Obstruct the free movement of any person in any place to which this code applies.
    2. Violate the traffic laws, parking regulations or other restrictions on vehicles.
    3. 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.
    4. 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.
    5. Loiter on or about school property.
    6. Gamble on school property or at school functions.
    7. Refuse to comply with any reasonable order of identifiable school district officials performing their duties.
    8. Willfully incite others to commit any of the acts prohibited by this code.
    9. Violate any federal or state statute, local ordinance or Board policy while on school property or while at a school function.

     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. Tenured faculty members. They shall be subject to disciplinary action as the facts may warrant in accordance with Education Law § 3020-A or any other legal rights that they may have.
    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.

     Enforcement: The Principal or his/her designee shall be responsible for enforcing the conduct required by this code:

     

    When the 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 designee shall tell the individual that the conduct is prohibited and attempt to persuade the individual to stop.  The Principal or 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 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.

    5300.75   Dissemination and Review

     Dissemination of Code of Conduct: The Board will work to ensure that the community is aware of this code of conduct by:

    1. Providing copies of a summary of the code to all students at a general assembly held at the beginning of each school year.
    2. Making copies of the code available to all parents at the beginning of the school year.
    3. Mailing a summary of the code of conduct written in plain language to all parents of district students before the beginning of the school year and making this summary available later upon request.
    4. Providing all current teachers and other staff members with a copy of the code and a copy of any amendments to the code as soon as practicable after adoption.
    5. Providing all new employees with a copy of the current code of conduct when they are first hired.
    6. Making copies of the code available for review by students, parents and other community members.

    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.

    1. Review of Code of Conduct: The Board 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.

    Before adopting any revisions to the code, the Board will hold at least one public hearing at which school personnel, parents, students, school safety personnel and any other interested party may participate.

    The code of conduct and any amendments to it will be filed with the Commissioner of Education no later than 30 days after adoption.

     

    Adopted:  April 21, 1988

    Revised:   July 8, 2004

                      January 11, 2007

                      September 10, 2009

                     September 8, 2011

                      November 10, 2011

                       May 3, 2012

                       July 12, 2012

                       March 14, 2013

                       August 8, 2013

                       August 14, 2014

                       December 18, 2014 (pg. 8 & 9)

                       February 11, 2016 (pg. 10 & 17)

                       August 11, 2016 (pg. 6) 

     

    DASA POLICY (CYBERBULLYING)

     The Board is committed to providing a school environment that is free from harassment, bullying and discrimination. Harassment, discrimination, intimidation or bullying and acts of cyberbullying, as defined by New York Education Law Article Two and the Regulations of the Commissioner § 100.2 by students, staff or visitors toward students are strictly prohibited.  Therefore, in accordance with such laws and regulations, conduct of this nature is subject to discipline in accordance with the District’s Code of Conduct and the Internet Safety and Acceptable Use Policies.

     Reports of harassment, bullying and discrimination shall be made to the Building Principal***, Superintendent or the Principal’s or Superintendent’s designee.  Students and parents/guardians may make an oral or written report of harassment, bullying or discrimination to District teachers or administrators.

     District employees  who witness  harassment, bullying or discrimination, or who receive an oral or written report of harassment, bullying or discrimination, shall promptly orally notify the Building Principal, Superintendent or the Principal’s or Superintendent’s designee not later than one school day after such employee witnesses or receives a report of harassment, bullying or discrimination.  After oral notification, the District employee shall file a written report with the Building Principal, Superintendent or the Principal’s or Superintendent’s designee not later than two school days after making the oral report.

     The Building Principal, Superintendent or the Principal’s or Superintendent’s designee shall lead or supervise a thorough investigation of all reports of harassment, bullying or discrimination, and ensure that said  investigation is completed promptly after receipt of any written reports made.

     In the event an investigation verifies harassment, bullying or discrimination, the District shall take prompt actions reasonably calculated to end the harassment, bullying or discrimination, eliminate any hostile environment, create a more positive school culture and  climate, prevent recurrence of the behavior, and ensure the safety of the student or students against whom such harassment, bullying or discrimination was directed. Retaliation against any individual who, in good faith, reports or assists in the investigation of harassment, bullying or discrimination, is strictly prohibited.

     Individuals whose behavior is found to be in violation of this policy will be subject to discipline or removal from the premises in accordance with school policy, including the Code of Conduct.  If appropriate, individuals may also be referred to law enforcement officials.

     The Building Principal shall make a regular report on data and trends related to harassment, bullying and discrimination to the Superintendent. 

     The Superintendent shall establish procedures and guidelines that will include, but not be limited to, staff training and professional development, the method of reporting an incident believed to be in violation of this policy, the procedure for investigation and the prohibition of retaliation for reporting an incident.  The District shall also provide required instruction supporting development of a school environment free of harassment, bullying and discrimination having an emphasis on discouraging acts of harassment, bullying (including cyberbullying) and discrimination and including instruction in the safe, responsible use of the Internet and electronic communications.

     The Board will review this policy from time to time, but no less than annually, and will make any necessary modifications as required by the applicable laws and regulations.

     This policy and any amendments or addendums shall be published in the student handbook and on the District website.  At least once each school year, the District shall provide all school employees, students and parents or persons in parental relation with a written or electronic copy of this policy and any other policy created by the District in compliance with the Dignity for All Students Act.

     If the Superintendent or Principal designates a staff member to receive oral or written reports of harassment, bullying, or discrimination, then the Superintendent or Principal shall publish the name and title of the designee to the school community as an addendum to this policy.

    Cross Reference:    Anti-discrimination Policy; Sexual Harassment Policy, Code of Conduct; Internet Safety Policy; Acceptable Use Policy; NYS Educ. Law §§ 10-13; 8 NYCRR §100.2

    Adopted:  August 8, 2013

      This is reference to students and parents. The Principal, Superintendent, or Board of Education may make changes depending on circumstances that may arise throughout the school year. 

     

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