Rules & Consequences
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:
Intentionally injure any person or threaten to do so.
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.
Disrupt the orderly conduct of classes, school programs or other school activities.
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.
Intimidate, harass or discriminate against any person on the basis of race, color, creed, national origin, religion, age, gender, sexual orientation or disability.
Enter any portion of the school premises without authorization or remain in any building or facility after it is normally closed.
Obstruct the free movement of any person in any place to which this code applies.
Violate the traffic laws, parking regulations or other restrictions on vehicles.
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.
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.
Loiter on or about school property.
Gamble on school property or at school functions.
Refuse to comply with any reasonable order of identifiable school district officials performing their duties.
Willfully incite others to commit any of the acts prohibited by this code.
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:
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.
Students. They shall be subject to disciplinary action as the facts may warrant, in accordance with the due process requirements.
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.
Staff members in the classified service of the civil service entitled to the protection of Civil Service Law § 75. They shall be subject to disciplinary action as the facts may warrant in accordance with Civil Service Law § 75 or any other legal rights that they may have.
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/her designee sees an individual engaged in prohibited conduct, which in his or her judgment does not pose any immediate threat of injury to persons or property, the Principal or his/her designee shall tell the individual that the conduct is prohibited and attempt to persuade the individual to stop. The Principal or his/her designee shall also warn the individual of the consequences for failing to stop. If the person refuses to stop engaging in the prohibited conduct, or if the person's conduct poses an immediate threat of injury to persons or property, the Principal or 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.
General Student Rules
Students should not leave money or valuables around school. The school cannot be held responsible. Any locker that is experiencing mechanical problems should be reported to the main office immediately. Students are advised that the locker remains the property of the Sharon Springs Central School District and the district retains the right to search any locker that they believe may contain illegal or dangerous items.
Public display of affection: There is to be no physical contact with another student other than holding hands.
No guns, weapons or knives are allowed on school property.
Students are expected to demonstrate respect for all persons and property at Sharon Springs Central School.
There will be absolutely no drugs or alcoholic beverages brought on school property at any time.
There will be no smoking or possession of tobacco products by students anywhere on school property at any time, including e-cigarettes (i.e. vapes). There will be no use of chewing tobacco or any other smokeless tobacco by students anywhere on school property at any time.
Improper language, such as swearing, abusive or foul language, will not be tolerated at school.
Gambling is not permitted on any property owned or leased by the school district.
Students are to move through the corridors in an orderly fashion. Students are not to push, run or shove.
Students are expected to follow all directives and requests made by all school staff.
Students are not expected to leave the school building or grounds without permission. This includes morning arrival by parent and/or bus.
Shirts or any articles of clothing with sayings or drawings on them that may be disruptive to the educational process are not permitted.
Students driving to school must have permission of the Principal and must obtain a parking permit from the main office. The permit must be displayed on the driver’s side, rear passenger window of the vehicle.
Fighting in school will not be tolerated.
Students are expected to leave school grounds after the dismissal of school unless they are under the direct supervision of a teacher/coach or part of an organized school activity.
Any item that is potentially disruptive to the educational process or presents a safety concern will be confiscated and the student will be subject to disciplinary action. This includes the possession, unauthorized electronic devices, skateboards, roller blades, laser pointers, snowmobiles, 3-wheelers, 4-wheelers, and water pistols. There is to be no card trading, or card playing during the school day.
Students are expected to be on time for all classes.
Unless under the direct supervision of a teacher or similar permission is granted, no food or drink should be in the hallways.
No food or drink is permitted in the Auditorium at any time.
Students are not to use snowmobiles, 4-wheelers or any other mechanical recreational vehicle for transportation to school or any school related event including weekend and night time sporting events.
The Building Principal or designee must approve all posters and/or advertisements before they are hung up in the building.
There will be a $1 replacement fee for failure to return report card envelopes.All students are expected on time and in attendance in their first period class at 8:05, and attend scheduled classes through the end of the day at 2:55 (unless special permission has been granted by administration).
The possession, consumption and distribution of “energy drinks” will be monitored by administration. Should it be felt that the consumption of the “energy drink” be potentially disruptive to the educationally environment, the drink will be confiscated for the remainder of the day.
Students must return their iPad to the IT department at designated time, determined by administration. If a student does not return his/her iPad, the iPad will be disabled and the student’s access to the internet, apps, and the app store will be severely restricted the following school year (for the entire year). Graduating students who do not hand in their iPad will have their degree withheld and the iPad will be reported as stolen to local law enforcement.
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 best discipline is self-imposed; students must learn to assume and accept responsibility for their own behavior, as well as the consequences of their misbehavior. District personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students’ ability to grow in self-discipline.
The Board recognizes the need to make its expectations for student conduct while on school property or engaged in a school function specific and clear. It is important to remember that the conduct and discipline actions outlined below are not all-inclusive and individual situations may differ and result in differing disciplinary consequences. 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 include but are not limited to:
Running in hallways.
Making unreasonable noise.
Unauthorized use of cell phones, computers, tablets or other electronic devices.
Using language or gestures that are profane, lewd, vulgar or abusive.
Obstructing vehicular or pedestrian traffic.
Engaging in any willful act, which disrupts the normal operation of the school community.
Trespassing. Students are not permitted in any school building, other than the one they regularly attend, without permission from the administrator in charge of the building.
Computer/electronic communications misuse, including any unauthorized use of computers, software or internet/intranet account; accessing inappropriate websites; or any other violation of the district’s acceptable use policy.
Engage in conduct that is insubordinate. Examples include but are not limited to:
Failing to comply with the reasonable directions of teachers, school administrators or other school employees in charge of students or otherwise demonstrating disrespect.
Lateness for, missing or leaving school without permission.
Skipping detention.
Engage in conduct that is disruptive. Examples include but are not limited to:
Failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of students.
Engage in conduct that is violent. Examples include but are not limited to:
Committing, threatening or attempting an act of violence (such as hitting, kicking, punching and scratching) upon a teacher, administrator or other school employee.
Committing, threatening or attempting an act of violence (such as hitting, kicking, punching and scratching) upon another student or any other person lawfully on school property.
Possessing a weapon. Authorized law enforcement officials are the only persons permitted to have a weapon in their possession while on school property or at a school function.
Displaying what appears to be a weapon.
Threatening to use any weapon.
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.
Intentionally damaging or destroying school district property.
Engaging in harassing conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical well-being.
Engage in any conduct that endangers the safety, morals, health or welfare of others. Examples include but are not limited to:
Lying to school personnel.
Stealing the property of other students, school personnel or any other person lawfully on school property or attending a school function.
Defamation, which includes making false or unprivileged statements of representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them.
Discrimination, which includes the use of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, gender, sexual orientation or disability as a basis for treating another in a negative manner.
Harassment, which includes the creation of a hostile environment by conduct, intimidation, verbal threats or abuse that has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being; or fear for his or her physical safety.
Intimidation or bullying. Threatening, stalking or seeking to coerce or compel a person to do something; engaging in verbal or physical conduct that threatens another with harm, including intimidation through the use of epithets or slurs involving race, ethnicity, national origin, religion, religious practices, gender, sexual orientation, age or disability that substantially disrupts the educational process. Intimidation and bullying are forms of harassment.
Hazing, which includes any intentional or reckless act directed against another for the purpose of initiation into, affiliating with or maintaining membership in any school sponsored activity, organization, club or team.
Selling, using or possessing obscene material.
Using vulgar or abusive language, cursing or swearing.
Smoking a cigarette, cigar, pipe or using, chewing, or smokeless tobacco (i.e vapes).
Possessing, consuming, selling, distributing or exchanging alcoholic beverages or illegal substances, or being under the influence of same. “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.”
Inappropriately using or sharing prescription and over-the-counter drugs.
Gambling.
Indecent exposure, that is, exposure to a sight of the private parts of the body in a lewd or indecent manner.
Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.
Engage in misconduct while on a school bus. It is crucial for students to behave appropriately while riding on district buses to ensure their safety and that of other passengers and to avoid distracting the bus driver. Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Excessive noise, pushing, shoving and fighting will not be tolerated.
Engage in any form of academic misconduct. Examples include but are not limited:
Plagiarism
Cheating
Copying
Altering records
Assisting another student in any of the above actions.
Engage in inappropriate use of electronic devices during the school day; including, but not limited to, cell phones, cameras, tablets and computers.
Reporting Violations
All students are expected to promptly report violations of the code of conduct to a teacher, guidance counselor, the building principal or other designated administrator. Any student observing a student possessing a weapon, alcohol, vapes or illegal substance on school property or at a school function shall report this information immediately to a teacher, the building principal, the principal’s designee or the superintendent.
All district staff who are authorized to impose disciplinary sanctions are expected to do so in a prompt, fair and lawful manner. District staff who are not authorized to impose disciplinary sanctions are expected to promptly report violations of the Code of Conduct to their supervisor, who shall in turn impose an appropriate disciplinary sanction, if so authorized, or refer the matter to a staff member who is authorized to impose an appropriate sanction.
Any weapon, alcohol, vape or illegal substance found shall be confiscated immediately, if possible followed by notification to the parent of the student involved and the appropriate disciplinary sanction if warranted, which may include permanent suspension and referral for prosecution.
The building principal or other designated administrator 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 other designated administrator learns of the violation. The notification may be made by telephone followed by a letter mailed on same day as the telephone call is made. The notification must identify the student and explain the conduct that violated the code of conduct and constituted a crime.
consequences and enforcement of the rules
Consequences that result in positively impacting student behaviors are most effective when the consequence deals with the problem at the time and place it occurs, and in a way that students view as fair and impartial. School personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students’ ability to grow in self-discipline.
Disciplinary action, when necessary, will be firm, fair and consistent so as to be the most effective in changing student behavior. In determining the appropriate disciplinary action, school personnel authorized to impose disciplinary penalties will consider the following:
The students’ age.
The nature of the offense and the circumstances which led to the offense.
The students’ prior disciplinary record.
The effectiveness of other forms of punishment.
Information from parents, teachers and/or others, as appropriate.
ther extenuating circumstance.
As a general rule, discipline will be progressive. This means that a students’ first violation will usually merit a lighter penalty than subsequent violations.
If the conduct of a student is related to a disability or suspected disability, the student shall be referred to the Committee on Special Education and discipline, if warranted, shall be administered consistent with the separate requirements of the 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.
Specific Responses to Infractions of the Rules
Any single response or any combination of administrative responses may be applied, dependent upon student’s record of behavior, the severity of the infraction, and the frequency of repetitions of an infraction.
Endangering the safety of self and/or others (i.e., running, pushing, throwing objects, etc.)
Administrative Responses
Reprimand
Parental contact
Lunch detention
After school detention
Suspension
Coming Tardy to School (illegal/unexcused 3 times)
Administrative Responses
Indicate on permanent record
After school detention
Loss of on-campus parking privileges
Parental involvement
Late to Class 3 Times
Administrative Responses
After school detention
Referral for counseling
Parental involvement
In-school-suspension
Possession of vaping paraphernalia or cigarettes (or other tobacco products
Administrative Responses
Confiscation of the contraband
Parental contact
Pass restriction
In-school-suspension
Vaping, smoking or use of other vaping/tobacco products
Administrative Responses
Referral for counseling
Parental involvement
Pass restriction
Two days of external suspension
Possession and/or use and/or being under the influence of alcohol, drugs, controlled substances, or drug paraphernalia
Administrative Responses
Confiscation of the contraband
Parental involvement
3 to 5 days of external suspension
Pass restriction
Referral for counseling
Involvement of law enforcement
Superintendent's hearing
Sale of alcohol, drugs, or controlled substances ("sale refers to any kind of giving, dispensing, or transmission)
Administrative Responses
Confiscation of the contraband
Parental involvement
5 days of external suspension
Pass restriction
Referral for counseling
Involvement of law enforcement
Superintendent's hearing
Use or possession of weapons (“Weapon” means a firearm as defined in 18 USC S921 enforcement
for purposes of the Gun-Free Schools Acts. It also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger, dirk, razor, stiletto, switchblade knife, box cutter, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper spray, or other noxious spray, explosive or incendiary bomb, or other device, instrument, material or substance that can cause physical injury/death when used to cause physical injury or death.
Administrative Responses
Confiscation of the weapon for law enforcement
Parental involvement
5 days of external suspension
Referral for counseling
Involvement of law enforcement
Superintendent's hearing
Vandalism or theft of school property
Administrative Responses
Restitution for damages or return of property
Parental involvement
In-school-suspension or external suspension, depending on severity
Pass restriction
Involvement of law enforcement, depending on severity
Theft or destruction of personal property
Administrative Responses
Detention 2 days for the first offense
Restitution for damages or return of property
Parental involvement
Pass restriction
Involvement of law enforcement, depending on severity
General or spontaneous use of crude and abusive language (dependent upon severity)
Administrative Responses
Reprimand
Parental contact
Lunch detention
After school detention
In-school-suspension
Crude and/or abusive language or gestures toward a staff member (dependent upon severity)
Administrative Responses
Parental involvement
After school detention
In-school-suspension
Suspension
Intimidation/harassment (includes bullying, sexual harassment, and threatening behavior)
Administrative Responses
Referral for counseling
Detention
Mediation
Parental involvement
Suspension
Involvement of law enforcement
Cheating/Plagiarism
Administrative Responses
Detention
Parental Involvement
Reduction on grade
Possible alternative assessment
Fighting: The principal will take steps to determine the aggressor(s)
Administrative Responses
Referral for counseling
Detention
Mediation
Parental involvement
Suspension
Involvement of law enforcement
Refusal to follow a directive or request from a staff member (depending upon the severity)
Administrative Responses
Reprimand
Loss of specific privileges
Parental involvement
Performance of specific assistance duties or reflective assignments
Detention
Suspension
Failure to report to the main office after being sent out of class
Administrative Responses
Detention
Parental contact
In-School-Suspension
Suspension
Vehicle Use Violations
Administrative Responses
Verbal Reprimand
Detention
Parental Involvement
In-School-Suspension
Loss of parking privileges
Involvement of law enforcement
Pass Restriction
procedures for Student discipline
The amount of due process a student is entitled to receive before a penalty is imposed depends on the penalty being imposed. In all cases, regardless of the penalty imposed, the school personnel authorized to impose the penalty must inform the student of the alleged misconduct and must investigate, to the extent necessary, the facts surrounding the alleged misconduct. All students will have an opportunity to present their version of the facts to the school personnel imposing the disciplinary penalty in connection with the imposition of the penalty.
Students who are to be given penalties other than an oral warning, written warning or written notification to their parents are entitled to additional rights before the penalty is imposed. These additional rights are explained below.
Detention
Teachers, Principals, or their designees, and the Superintendent may use after school detention as a penalty for student misconduct in situations where removal from the classroom or suspension would be inappropriate. Detention at the Sharon Springs Central School District shall be held either during lunch of after school. After school detention shall be held Tuesday’s from 3:00 – 4:00 p.m. It is the responsibility of the student to notify his/her parent that he/she is required to stay after school. In addition, any teacher may choose to keep a student after school on any given day.
Suspension from transportation
If a student does not conduct himself/herself properly on a bus, the bus driver is expected to bring such misconduct to the administrative aide or Assistant Principal's attention. 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 his/her designee to discuss the conduct and the penalty involved.
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.
In-school Suspension
The Board recognizes the school must balance the need of students to attend school and the need for order in the classroom to establish an environment conducive to learning. As such, the Board authorizes 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."
It is the responsibility of the student to check with teachers relative to all work and tests missed. Students are denied all extra-curricular activities (athletics, practices, contests, concerts, dances, clubs) for the day of In-School suspension.
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.
Alternative-to-Suspension (tobacco/vaping violations only)
In light of scientific evidence that the use of tobacco is hazardous to health, students may be allowed to participate in an Alternative-to-Suspension program. Student participation in a tobacco cessation program and/or tobacco education class may be allowed as an alternative to discipline. Parent will be notified of violations involving their child and subsequent action taken by the school.
Teacher Disciplinary Removal of Disruptive Students
A student's behavior can affect a teacher's ability to teach and can make it difficult for other students in the classroom to learn. In most instances the classroom teacher can control a student's behavior and maintain or restore control over the classroom by exercising good classroom management. Unfortunately, behavior challenges occasionally require techniques at the extreme end of the behavioral management continuum. These techniques may include practices that involve the teacher directing a student to briefly leave the classroom to give the student an opportunity to regain his or her composure and self-control in an alternative setting. Such practices may include, but are not limited to: (1) short-term "time out" in an elementary classroom or in an administrator's office; (2) sending a student into the hallway briefly; (3) sending a student to the Principal's office for the remainder of the class time only; 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.
On occasion, a student's behavior may become disruptive. For purposes of this code of conduct, a disruptive student is a student who is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom. A substantial disruption of the educational process or substantial interference with a teacher's authority occurs when a student demonstrates a persistent unwillingness to comply with the teacher's instructions or repeatedly violates the teacher's classroom behavior rules.
A classroom teacher may remove a disruptive student from class for up to two days. The removal from class applies to the class of the removing teacher only. In the case of an elementary school teacher this removal may be up to the remainder of that school day and the next consecutive school day.
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 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 his/her designee to discuss the reasons for the removal.
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 his/her designee must explain why the student was removed and give the student and the student's parents a chance to present the student's version of the relevant events. The informal meeting must be held within 48 hours of the student's removal. The timing of the informal meeting may be extended by mutual agreement of the parent and Principal.
The Principal or his/her designee may overturn the removal of the student from class if he/she finds any one of the following:
The charges against the student are not supported by substantial evidence.
The student's removal is otherwise in violation of law, including the district’s code of conduct.
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 Principal or his/her designee makes a final determination, or the period of removal expires, whichever is less.
Any disruptive student removed from the classroom by the classroom teacher shall be offered continued educational programming and activities until he or she is permitted to return to the classroom.
Each teacher must keep a complete log (on a district provided form) for all cases of removal of students from his/her class. The Principal must keep a log of all removals of students from class.
Removal of a student with a disability, under certain circumstances, may constitute a change in the student's placement. Accordingly, no teacher may remove a student with a disability from his or her class until he or she has verified with the Principal or the chairperson of the Committee on Special Education that the removal will not violate the student's rights under state or federal law or regulation.
Suspension from School
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 their respective Principal that a student be suspended. All staff members must immediately report and refer a violent student to the Principal or his/her designee 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, Principal, or their designee, upon receiving a recommendation or referral for suspension or when processing a case for suspension, shall gather the facts relevant to the matter and record them for subsequent presentation, if necessary.
Short term (five days or less) Suspension from School
When the 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 or their designee, must immediately notify the student orally. If the student denies the misconduct, the suspending authority or their designee, 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 or designee 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.
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.
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.
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:
The student's age.
The student's grade in school.
The student's prior disciplinary record.
The Superintendent's belief that other forms of discipline may be more effective.
Input from parents, teachers and/or others.
Other extenuating circumstances.
*A student with a disability may be suspended only in accordance with the requirements of state and federal law.
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, shall be subject to suspension from school for at least five days. If the proposed penalty is the minimum five-day suspension, the student and the student's 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.
Students who are repeatedly substantially disruptive of the educational process or 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 will be suspended from school for at least five days. For purposes of this code of conduct, “repeatedly is substantially disruptive” means engaging in conduct that results in the student being removed from the classroom by teacher(s) pursuant to Education Law § 3214 (3-a) and this code on four or more occasions during a semester. If the proposed penalty is the minimum five-day suspension, the student and the student's parent will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed penalty exceeds 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.
Alternative Instruction
When a teacher removes a student of any age from class or a student of compulsory attendance age is suspended from school pursuant to Education Law §3214, the district will act promptly to provide alternative means of instruction for the student.
Discipline of Students with Disabilities
The Board recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities to address disruptive or problem behavior. The Board also recognizes that students with disabilities enjoy certain procedural protections whenever school authorities intend to impose discipline upon them. The Board is committed to ensuring that the procedures followed for suspending, removing or otherwise disciplining students with disabilities are consistent with the procedural safeguards required by applicable laws and regulations.
This code of conduct affords students with disabilities subject to disciplinary action no greater or lesser rights than those expressly afforded by applicable federal and state law and regulations.
Authorized Suspensions or Removals of Students with Disabilities
For purposes of this section of the code of conduct, the following definitions apply.
A "suspension" means a suspension pursuant to Education Law § 3214.
A "removal" means a removal for disciplinary reasons from the student's current educational placement other than a suspension and change in placement to an interim alternative educational setting (IAES) ordered by an impartial hearing officer because the student poses a risk of harm to himself/herself or others.
An "IAES" means a temporary educational placement for a period of up to 45 days, other than the student's current placement at the time the behavior precipitating the IAES placement occurred, that enables the student to continue to progress in the general curriculum, although in another setting, to continue to receive those services and modifications, including those described on the student's current individualized education program (IEP), that will enable the student to meet the goals set out in such IEP, and include services and modifications to address the behavior which precipitated the IAES placement that are designed to prevent the behavior from recurring.
School personnel may order the suspension or removal of a student with a disability from his or her current educational placement as follows:
The Board, the district (BOCES) Superintendent of Schools or a Principal may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed five consecutive school days and not to exceed the amount of time a non-disabled student would be subject to suspension for the same behavior.
The Superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for up to 10 consecutive school days, inclusive of any period in which the student has been suspended or removed under subparagraph (a) above for the same behavior, if the Superintendent determines that the student has engaged in behavior that warrants a suspension and the suspension or removal does not exceed the amount of time non-disabled students would be subject to suspension for the same behavior.
The Superintendent may order additional suspensions of not more than 10 consecutive school days in the same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.
The Superintendent may order the placement of a student with a disability in an IAES to be determined by the committee on special education (CSE), for the same amount of time that a student without a disability would be subject to discipline, but not more than 45 days, if the student carries or possesses a weapon to school or to a school function, or the student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function.
"Weapon" means the same as "dangerous weapon" under 18 U.S.C. § 930(g)(w) which includes "a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except...[for] a pocket knife with a blade of less than 2 1/2 inches in length."
"Controlled substance" means a drug or other substance identified in certain provisions of the federal Controlled Substances Act specified in both federal and state law and regulations applicable to this policy.
"Illegal drugs" means a controlled substance except for those legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or any other federal law.
Subject to specified conditions required by both federal and state law and regulations, an impartial hearing officer may order the placement of a student with a disability in an IAES setting for up to 45 days at a time, if maintaining the student in his or her current educational placement poses a risk of harm to the student or others.
Change of Placement Rule
A 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 and because of such factors as the length of each suspension or removal, the total amount of time the student is removed and the proximity of the suspensions or removals to one another.
School personnel may not suspend or remove a student with disabilities if imposition of the suspension or removal would result in a disciplinary change in placement based on a pattern of suspension or removal.
However, the district may impose a suspension or removal, which would otherwise result in a disciplinary change in placement, based on a pattern of suspensions or removals if the CSE has determined that the behavior was not a manifestation of the student's disability, or the student is placed in an IAES for behavior involving weapons, illegal drugs or controlled substances.
Special Rules Regarding the Suspension or Removal of Students with Disabilities
The district's Committee on Special Education shall:
Conduct functional behavioral assessments to determine why a student engages in a particular behavior, and develop or review behavioral intervention plans whenever the district is first suspending or removing a student with a disability for more than 10 school days in a school year or imposing a suspension or removal that constitutes a disciplinary change in placement, including a change in placement to an IAES for misconduct involving weapons, illegal drugs or controlled substances.
If subsequently, a student with a disability who has a behavioral intervention plan and who has been suspended or removed from his or her current educational placement for more than 10 school days in a school year is subjected to a suspension or removal that does not constitute a disciplinary change in placement, the members of the CSE shall review the behavioral intervention plan and its implementation to determine if modifications are necessary.
If one or more members of the CSE believe that modifications are needed, the school district shall convene a meeting of the CSE to modify such plan and its implementation, to the extent the committee determines necessary.
Conduct a manifestation determination review of the relationship between the student's disability and the behavior subject to disciplinary action whenever a decision is made to place a student in an IAES either for misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension that constitutes a disciplinary change in placement.
The parents of a student who is facing disciplinary action, but who has not been determined to be eligible for services under IDEA and Article 89 at the time of misconduct, shall have the right to invoke applicable procedural safeguards set forth in federal and state law and regulations if, in accordance with federal and state statutory and regulatory criteria, the school district is deemed to have had knowledge that their child was a student with a disability before the behavior precipitating disciplinary action occurred. If the district is deemed to have had such knowledge, the student will be considered a student presumed to have a disability for discipline purposes.
The Superintendent, Principal or other school official imposing a suspension or removal shall be responsible for determining whether the student is a student presumed to have a disability.
A student will not be considered a student presumed to have a disability for discipline purposes if, upon receipt of information supporting a claim that the district had knowledge the student was a student with a disability, the district either:
conducted an individual evaluation and determined that the student is not a student with a disability, or
determined that an evaluation was not necessary and provided notice to the parents of such determination, in the manner required by applicable law and regulations.
If there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other non-disabled student who engaged in comparable behaviors.
However, if a request for an individual evaluation is made while such non-disabled student is subjected to a disciplinary removal, an expedited evaluation shall be conducted and completed in the manner prescribed by applicable federal and state law and regulations. Until the expedited evaluation is completed, the non-disabled student who is not a student presumed to have a disability for discipline purposes shall remain in the educational placement determined by the district, which can include suspension.
The district shall provide parents with notice of disciplinary removal no later than the date on which a decision is made to change the placement of a student with a disability to an IAES for either misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his/her current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension or removal that constitutes a disciplinary change in placement.
The procedural safeguards notice prescribed by the Commissioner shall accompany the notice of disciplinary removal.
The parents of a student with disabilities subject to a suspension of five consecutive school days or less shall be provided with the same opportunity for an informal conference available to parents of non-disabled students under the Education Law.
Superintendent hearings on disciplinary charges against students with disabilities subject to a suspension of more than five school days shall be divided into a guilt phase and a penalty phase in accordance with the procedures set forth in the Commissioner's regulations incorporated into this code.
The removal of a student with disabilities other than a suspension or placement in an IAES shall be conducted in accordance with the due process procedures applicable to such removals of non-disabled students, except that school personnel may not impose such removal for more than 10 consecutive days or for a period that would result in a disciplinary change in placement, unless the CSE has determined that the behavior is not a manifestation of the student's disability.
During any period of suspension or removal, including placement in an IAES, students with disabilities shall be provided services as required by the Commissioner's regulations incorporated into this code.
Expedited Due Process Hearings
An expedited due process hearing shall be conducted in the manner specified by the Commissioner's regulations incorporated into this code, if:
The district requests such a hearing to obtain an order of an impartial hearing officer placing a student with a disability in an IAES where school personnel maintain that it is dangerous for the student to be in his or her current educational placement, or during the pendency of due process hearings where school personnel maintain that it is dangerous for the student to be in his or her current educational placement during such proceedings.
The parent requests such a hearing from a determination that the student's behavior was not a manifestation of the student's disability, or relating to any decision regarding placement, including but not limited to any decision to place the student in an IAES.
During the pendency of an expedited due process hearing or appeal regarding the placement of a student in an IAES for behavior involving weapons, illegal drugs or controlled substances, or on grounds of dangerousness, or regarding a determination that the behavior is not a manifestation of the student's disability for a student who has been placed in an IAES, the student shall remain in the IAES pending the decision of the impartial hearing officer or until expiration of the IAES placement, whichever occurs first, unless the parents and the district agree otherwise.
If school personnel propose to change the student's placement after expiration of an IAES placement, during the pendency of any proceeding to challenge the proposed change in placement, the student shall remain in the placement prior to removal to the IAES, except where the student is again placed in an IAES.
An expedited due process hearing shall be completed within 15 business days of receipt of the request for a hearing. Although the impartial hearing officer may grant specific extensions of such time period, he or she must mail a written decision to the district and the parents within five business days after the last hearing date, and in no event later than 45 calendar days after receipt of the request for a hearing, without exceptions or extensions.
Referral to law enforcement and judicial authorities
In accordance with the provisions of IDEA and its implementing regulations:
The district may report a crime committed by a child with a disability to appropriate authorities, and such action will not constitute a change of the student's placement.
The Superintendent shall ensure that copies of the special education and disciplinary records of a student with disabilities are transmitted for consideration to the appropriate authorities to whom a crime is reported.
Corporal Punishment
Corporal punishment is any act of physical force upon a student for the purpose of punishing that student. Corporal punishment of any student by any district employee is strictly forbidden. The District has existing policy and procedures related to this topic.
