5300 Code of Conduct

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I. INTRODUCTION       

The goal of the Yorktown Central School District is to provide a safe and orderly environment without disruption or interference. The District is also committed to creating and maintaining high behavioral standards and expectations. These expectations are based on the principles of civility, mutual respect, citizenship, character, acceptance, honesty and integrity. An orderly educational environment requires that everyone in the school community play a role in contributing to an effective environment. It also requires the development and implementation of a Code of Conduct that clearly defines individual responsibilities, describes unacceptable behavior, provides positive behavioral supports as well as other appropriate consequences.

Order and discipline must be a shared responsibility between school, home and community.  To be effective, such a code must:

A. identify, recognize and encourage acceptable behavior;

B. identify, recognize and deter unacceptable behavior;

C. promote self-discipline and help students accept responsibility for their own actions, consistent with their readiness;

D. consider the welfare of the individual as well as that of the school community as a whole;

E. promote a close working relationship between parents/guardians and the school staff,

F. distinguish between minor and serious offenses, as well as between first time and repeated offenses;

G. provide consequences that are appropriate to the behavior being addressed;

H. outline procedures to ensure that it is administered in a way that is fair, reasonable, and consistent;

I. encourage a high regard for every person’s right to reasonable hearing procedures and due process when accused of misconduct;

J. comply with the provisions of federal, state and local laws, as well as the guidelines and directives of the New York State Department of Education and the Board of Regents.

A school’s primary concern in establishing a Code of Conduct is to enable our students to become responsible, respectful and caring citizens within the school and community settings. The Board is responsible for ensuring that essential regulations are established and adequate discipline is maintained in the operation of the schools to effectively promote safety, as well as the social and educational growth of the students. Administrative regulations are developed and enforced by the school administration and staff.

The parent/guardian is expected to assume primary responsibility for the conduct of their child. The parent/guardian may be called upon to actively cooperate with the school in providing the necessary structure to promote their child’s social and educational growth. To this end, a high degree of parent-school communication will be fostered by the school.

II.   DEFINITIONS

For the purposes of this Code of Conduct, the following definitions apply:

A. Behavior: the way in which one acts or conducts oneself, especially toward others.

B. Bias Incident: any act or behavior that is reasonably believed to be motivated by a consideration (real or perceived) of race (including traits historically associated with race), color, creed, religion, age, sex, gender (including expression, identity, and transgender status), national origin, marital or parental status, sexual orientation, citizenship status, disability, physical characteristics  or any basis prohibited by law.

C. Bullying: any overt acts by a student or a group of students, or an employee directed against a student with the intent to ridicule, humiliate or intimidate the student while on school grounds or at a school-sponsored activity which acts are repeated against the same student over time. 

D. Color: apparent pigmentation (coloring) of the skin, especially as an indication or possible indication of their race. (Oxford Dictionary).

E. Cyberbullying: a form of harassment, as defined below, through any form of electronic communication.

F.  Defamation:  any oral or written communication that includes, but is not limited to, making false representation or derogatory conclusions about a person or group, that causes harm to someone's reputation.

G. Disability: a physical, emotional, cognitive, or developmental condition that impairs, interferes with, or limits a person's ability to engage in certain tasks or actions or participate in typical daily activities and interactions.

H. Discrimination:  the intimidation or unfair treatment of any person on the basis of actual or perceived physical characteristics, race (including traits historically associated with race), creed, color, national origin, religion, gender (including expression, identity, and transgender status), age, marital status, sexual orientation or disability. This is not an all-inclusive list. It may be a single severe incident or multiple incidents that are pervasive in nature.

I. Disruptive Student:  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.

J. Ethnic Group:  some of the criteria by which ethnic groups are identified such as ethnic nationality (country or area of origin as distinct from citizenship or country of legal nationality), race, color, language, religion, customs of dress or eating, tribe or various combination of these characteristics (United Nations). A group of people who identify with each other through a common heritage including language, culture, and often a shared or common religion and/or ideology that stresses ancestry.

K. Gender: actual or perceived sex and includes a person’s gender identity, gender expression and transgender status.

L. Gender Expression: the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyle, activities, voice or mannerisms.

M. Gender Identity: an individual's personal sense of being a particular gender. 

N. Transgender: an adjective describing a person whose gender identity does not correspond to their assigned sex at birth.

O. Harassment: (under the Dignity for All Students Act) the creation of a hostile environment by conduct or by threats, intimidation or abuse, whether verbal or non-verbal, including cyberbullying, that: 

1. 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;  

2. reasonably  causes or would reasonably be expected to cause a student to fear for their physical safety; 

3. reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; 

4.  would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that such conduct, threats, intimidation, or abuse might reach school property.  The harassing or discriminatory behavior may be based on a person's actual or perceived  race (including traits historically associated with race)   color, weight,  national  origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity, gender expression and transgender status) or sex.  It may be a single severe incident or multiple incidents that are pervasive in nature.

P. Harassment: (for all other purposes) the creation of a hostile environment by conduct or by threats, intimidation or abuse, whether verbal or non-verbal.

Q. Hate Speech: a slur, statement, drawing or symbol through any means about any individual or identifiable group of individuals which demeans them because of their actual or perceived: race (includes traits historically associated with race), color, national origin, ancestry, sex, gender (including gender identity, gender expression, and transgender status), sexual orientation, disability, age, religion or other protected status, or a perception or belief about race (including traits historically associated with race), color, national origin, ancestry, sex, gender (including gender identity, gender expression, and transgender status), sexual orientation, disability, age, religion or other protected status and/or which has the foreseeable effect of exposing such person or group to threats, shame, humiliation, persecution or ostracism. Whether spoken, written, in notebooks, on walls, or on a computer or mobile device, etc., incidents of this type are unprotected speech and will not be tolerated. Hate speech may or may not rise to the level of a crime. 

R. Hate Crimes: statutorily delineated criminal offenses that are motivated by bias. 

S. Hazing: any intentional or reckless acts directed at an individual or group for the purpose of initiation, affiliation or maintaining membership in any school-sponsored club, team, organization or activity. 

T. National Origin: a person’s country of birth or their ancestors’ country of birth.

U. Parent: the parent, guardian or person in parental relation to a student.

V. Race: for the purpose of this Code of Conduct, it is noted that the New York State Education Department reports aggregate racial and ethnic data to the U.S. Department of Education in the following seven categories: Hispanic/Latino, American Indian or Alaskan Native, Asian, Black or African American, Native Hawaiian or Other Pacific Islander; White; and Two or More Races. However, this is not a complete list of races and ethnicities protected by the Dignity Act. In addition, this definition includes traits such as skin color, physical appearance, as well as those enumerated in the CROWN Act. 

Today, race refers to a group sharing some outward physical characteristics.

W. Religion: either religious or spiritual belief of preference, regardless of whether this belief is represented by an organization group or affiliation with an organized group having specific religious or spiritual tenets (United Nations).

X. Religious Practice: religious observances, practices, customs or traditions which may include attending worship services, praying, wearing religious attire or symbols, displaying religious objects, adhering to certain dietary rules, refraining from certain activities or other forms of religious expression. (Part of EEOC).

Y. Removal: the act of a teacher in discontinuing the presence of the student in their classroom for being disruptive or interfering with the teacher’s authority over the class.

Z. Respect: the act of treating everyone in the school community with dignity, including, but not limited to, treating others with kindness and care, being polite and well-mannered, expressing thoughts and opinions in a way that is polite and courteous, using a polite tone of voice and body language.

AA. Responsibility: an obligation to behave in accordance with this Code of Conduct  and being held accountable for one’s actions.

BB. Restorative Practices: a response to student actions that violate the dignity, safety, or well-being of others by connecting the person responsible for the harm with those who have been harmed, in order to reach a resolution. 

CC. School Property:  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 §142 of the New York State Vehicle and Traffic Law. This definition also includes any district-owned or leased vehicles.

DD. School Function:  any school-sponsored extra-curricular, co-curricular or other event or activity, whether on or off of school property.

EE. Sex:  the biological and physiological characteristics that define male and female.

FF. Sexual Orientation: a person's identity in relation to the gender or genders to which they are sexually attracted, if any. 

GG.   Socioeconomic: of, relating to, or involving a combination of social and economic factors.

HH. Suspension: the act of a Principal (or acting Building Principal), or Superintendent, in discontinuing the presence of a student from their regular classes.

II. Violent Student:  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. possesses, 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 District property.

JJ. Weapon: 

1. a firearm, as defined in the Gun-Free Schools Act (18 USC §921), including:

a. a starter gun which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive;

b. the frame or receiver of such firearm;

c. any firearm muffler or silencer;

d. any destructive device, including:

i. any explosive, incendiary, or poison gas bomb, grenade, rocket having a propellant charge of more than four ounces, missile having any explosive or incendiary charge of more than one-quarter ounce, mine, or similar device;

ii. any weapon which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter;

iii. any combination of parts either designed or intended for use in converting any device into any destructive device described in the two immediately preceding examples, and from which a destructive device may be readily assembled.

2. A weapon also includes, but is not limited to, any other gun (including imitation and look-alikes), BB or pellet gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, electronic stun gun, spring gun, cap gun; dagger, dirk, razor, stiletto, switchblade knife, utility knife, pocket knife, gravity knife, pilum ballistic knife, brass knuckles, slingshot, metal knuckle knife, box cutter, cane sword, electronic dart gun, martial arts instrument including, but not limited to, Kung Fu star, ninja star, nunchuck,  chukka or shirken; billy club, blackjack, bludgeon of any type, sandbag, sandclub; deadly or dangerous chemical including, but not limited to, a strong acid or base, Mace or 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.  “Weapon” shall also include any other instrumentality or device defined as a “weapon” under any provision of the New York State Penal Law, or under the U.S. Code.

3.   Objects not normally considered to be weapons (e.g., scissors, pens, pencils, padlocks, trays, utensils, books, etc.) may nonetheless be used as weapons, or used in a manner in which it is reasonably foreseeable that personal injury or property damage would result. Discipline for the use of an instrument used as a weapon may, in the discretion of the Superintendent or designee, coincide with, but not be limited to, the suspension periods governing weapons. 

KK. Weight:  a body’s relative mass or the quantity of matter contained by it.

III.  STUDENT RIGHTS AND RESPONSIBILITIES

Each child, between the ages of five (on or before December 1st) and 21 years or until the child receives a high school diploma, whichever comes first, has the right to receive a free and appropriate education in the school district within which they legally reside.  All students in this state between the ages of six (on or before December 1st) and the school year through which they  become 16 are required by law to regularly attend school, either in the public schools, non-public schools that are approved for equivalency of instruction by the appropriate school authorities, or in the home in accordance with the Regulations of the Commissioner of Education.

The right to a free public school education extends to all students, including those with disabilities. However, this right is not unconditional. As long as due process of law requirements are met, a student may be removed from the classroom, suspended temporarily or suspended permanently from school. Only students within the compulsory education ages (age six through the school year in which the student turns 16) are entitled by law to alternative, equivalent instruction following suspension.

IV.  RIGHTS OF STUDENTS

Students have a right:

A. to be provided with an education that builds knowledge, skills, values and attitude that they need to be competent, contributing and compassionate world citizens.

B. to learn in an environment free from harassment, discrimination, intimidation and fear;

C.   to participate in District activities on an equal basis regardless of actual or perceived race (including traits historically associated with race) , color, creed, weight, national origin, ethnic group, religion, religious practice, gender (including gender expression, gender identity, and transgender status), disability, sexual orientation, marital status or veteran status;

D. to be informed of school rules and expectations;

E. to be guided by a Code of Conduct which is fairly and consistently implemented.

In addition, students are afforded the following rights:

F. Student Expression:  Students shall be allowed the opportunity for the free expression of ideas consistent with rights established by the federal and state constitutions. However, a student’s freedom is subject to limitation in that the constitutional protections will not extend to libelous, slanderous, vulgar, discriminatory, harassing, lewd, indecent or obscene words or images or to words or images which by their very use incite others to damage property or physically injure persons. Any assembly or public expression on school grounds or at school activities that advocates the use of drugs or other substances that are illegal to minors or any other illegal activity is prohibited. Furthermore, speech/expression which materially and substantially disrupts the work and discipline of the school or that foreseeably is likely to cause a material and substantial disruption, may be subject to limitation.

G. Symbolic Expression:  Students, in light of constitutionally protected free speech rights, may wear political buttons, arm bands or badges of symbolic expression so long as the same conform to the limits set forth herein.

H. School Newspapers:  Any student newspapers and/or publications which are paid for by the District and/or produced under the direction of a staff member or as part of the school curriculum are not considered a public forum.

I. Student Activities:  All students shall have  equal access to the various extra-curricular and co-curricular activities sponsored by the District; however, with the understanding that some clubs/teams may require tryouts or have participation limits. The privilege of participating in such activities shall be conditioned upon appropriate conduct as established by the student Code of Conduct and any rules promulgated specifically for participation in extra- and/or co-curricular activities.

J. Student Government:  Elections for student government shall be conducted in accordance with the principles of our democracy and elected student representatives shall work with the faculty, administration and student body in identifying cooperatively those areas of appropriate student responsibility. All student governmental bodies shall have a faculty advisor and shall be organized pursuant to a specific written charter which the students shall participate in formulating. 

K. Student Clubs and Other Student Organizations:  To the extent that the District authorizes meetings of non-curriculum related clubs or organizations, the same shall be subject to the organization’s charter and shall be conducted in accordance with any applicable federal or state law, as well as Board policy and regulations.

L. Privacy Rights (Search and Seizure):  Students in attendance in our schools are protected against illegal or unreasonable personal searches or seizures of their property by both the federal and state constitutions. In light of these protections, no student’s person or property shall be searched for illegal substances or materials unless the school authorities conducting the search have reasonable suspicion to do so. Lockers and desks assigned to students may be subject to inspection at any time by school officials since such places are not the property of the student, but rather are owned by the District and shared with the student.

M. Privacy Rights (Video Surveillance):  Where there is no “reasonable expectation of privacy,” video surveillance cameras may be used in school buildings, on school grounds, and on school buses. The use of video surveillance may be used for purposes such as student discipline, safeguarding facilities, property, and resources of the District, and for the safety of students, staff and visitors while on District property.

N. Pregnant Students: The District will provide instruction to pregnant students in the same manner as instruction is provided to other students unless the student’s physician determines that the student is disabled and certifies that the student requires home instruction.

O. Student Grievances and Complaints:  If a student has a grievance or a complaint about a school-related matter, a school employee or other school official, they may submit it, in writing, to the Principal of the school who shall respond within ten (10) school days with a written answer or proposed resolution. Grievances or complaints may be appealed in writing to the Superintendent within ten (10) school days if the student disagrees with the Principal’s answer or proposed resolution. The Superintendent shall respond to all grievances and complaints within ten (10) school days following receipt of the written appeal document. 

     V.  RESPONSIBILITIES OF STUDENTS

Each student is expected to:

A. accept responsibility for their actions;

B. respect the rights of others to contribute toward establishing and maintaining an atmosphere that generates mutual respect and dignity for all;

C. attend school, classes and school meetings regularly and on time;

D. contribute to maintaining a safe and orderly school environment, complete class assignments and other school responsibilities by established deadlines; 

E. work to the best of their ability in all academic and extracurricular pursuits, respect school property, comply with school regulations and rules made by school authorities; 

F. comply with the District Responsible Use Policy;

G. comply with the Code of Conduct; 

H. dress in accordance with the dress code for school and school functions;

I. conduct themselves as responsible 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;

J. use their own ideas, works, creations and knowledge in completing examinations, projects, reports. Students who cheat and/or plagiarize (use the idea or words of another without full acknowledgment or attribution) and/or use artificial intelligence, may receive academic sanctions.

VI.  THE ROLE OF PARENTS/GUARDIANS (“PARENTS”)

Parents are asked to:

A. ensure their child’s prompt and regular attendance, and that absences from school are excused;

B. demonstrate respectful and collaborative relationships with the school community;

C. encourage their child to promptly bring home all communications from school;

D. cooperate with the school in jointly resolving any school related problem;

E. notify school officials about concerns in a respectful and timely manner;

F. inform school officials of changes in the home situation that may affect the student in school;

G. provide a place conducive for study and completion of homework assignments;

H. foster a feeling of pride in their child for their school;

I. read, support and help their child to understand the District Code of Conduct, the Student Attendance policy and school rules.

Parents should be aware that they are responsible for any financial obligations incurred by their child in school, including, but not limited to, lost books, damage to property, etc.

VII.  THE ROLE OF SCHOOL PERSONNEL 

All school personnel must:

A. treat students in an ethical, respectful, and responsible manner;

B.   promote a climate of mutual respect and dignity for all students regardless of actual or perceived race (including traits historically associated with race) , color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity, gender expression and transgender status) or sex, which will strengthen each student’s positive self-image;

C. demonstrate desirable standards of behavior through personal example;

D. report violations of the Code of Conduct to the Principal or acting Building Principal;

E. immediately report and refer violent students to the Principal or Superintendent;

F. address issues of harassment (including bullying) or any situation that threatens the emotional or physical health or safety of any student, employee or other person lawfully on school property or at a school function in accordance with this Code of Conduct and the Dignity for All Students Act;

G. address personal biases that may prevent equal treatment of all students and staff;

H. comply with laws and regulations regarding corporal punishment and mandated reporting of suspected child abuse, and child abuse in an educational setting;

I. maintain confidentiality in accordance with federal and state law.

VIII.  THE ROLE OF TEACHERS

In addition, teachers must:

A. plan and conduct instruction that will make learning appropriately challenging and stimulating;

B. demonstrate interest in and concern for students and academic achievement;

C. consider each student as an individual when addressing academic or behavioral concerns; 

D. utilize effective and appropriate classroom management strategies;  

E. read, understand and comply with a student’s individualized education plan or §504 plan, and/or behavior improvement plan, as required by law;

F. seek to develop close cooperative relationships with parents for the educational benefit of the student;

G. distinguish between minor student misconduct best handled by the teacher and major problems requiring the assistance of the administrator;

H. communicate to students and parents about course objectives and requirements, grading procedures, assignment deadlines, expectations for students, and classroom behavior and consequences;

I. handle individual infractions privately and avoid punishing the group for individual misbehavior;

J. help students cope with negative peer pressure;

K. notify appropriate school personnel of changing student behavior patterns;

L. create a safe environment where students may share their concerns and notify appropriate school personnel when a student could benefit from assistance;

M. send communications home promptly;

N. report to a member of the School Administration any student who jeopardizes their own safety, the safety of others or of the teacher, or who seriously interferes with the instructional program of the classroom;

O. serve in loco parentis in matters of behavior and discipline in accordance with New York State Education Law;

P. read, understand, and enforce the Code of Conduct in all areas of the school;

Q. know the support services available to students and refer students who are in need of such services;

R. in the event of removal from class, inform the student and a School Administrator of the reason for the removal.

IX.  THE ROLE OF BUILDING ADMINISTRATORS

In addition, Building Administrators must:

A. develop a school climate of mutual respect;

B. evaluate the program of instruction in their school to achieve a meaningful educational program;

C. help their staff reflect on their practices in relation to the interaction within their classrooms;

D. develop procedures which reduce the likelihood of student misconduct;

E. provide the opportunity for students and staff to approach the Building Administration  directly for redress of grievances;

F. work with students and staff to promote positive school culture;

G. assist staff members to resolve problems which may occur;

H. work closely with parents to establish a collaborative relationship between home and school;

I. refer parents and students to appropriate school personnel and community agencies to identify problems and seek solutions;

J. maintain necessary building supervision and security;

K. assume responsibility for the dissemination and enforcement of the Code of Conduct, Student Attendance Policy and anti-discrimination policies;

L. consider the student’s individual circumstances when determining the consequences for a violation of the Code of Conduct. 

M. comply with applicable state laws governing hearings, suspensions, and student rights.

X.  THE ROLE OF THE DIGNITY ACT COORDINATORS

In their capacity as Dignity Act Coordinators, they must:

A. oversee and coordinate the work of the District-wide Dignity Act committee;

B. identify curricular resources that support infusing civility in classroom instruction and classroom management; and provide guidance to staff as to how to access and implement those resources;

C. coordinate training in support of the District’s Bullying Prevention and Intervention Policy;

D. be responsible for monitoring and reporting on the effectiveness of the District’s Bullying Prevention and Intervention Policy.

XI.  THE ROLE OF DISTRICT ADMINISTRATORS

The Superintendent and Central Administrators must:

A. be positive role models;

B. reinforce and extend the indicated responsibilities of the Principals; 

C. promote a safe, sound and healthy atmosphere of mutual respect supporting active teaching and learning for all students regardless of actual or perceived race (including traits historically associated with race), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity, gender expression and transgender status) or sex;

D. collaborate with the Board to develop policies and update them, as necessary, and develop regulations and procedures aligned with the policies;

E. implement all policies; 

F. demonstrate desirable standards of behavior through personal example;

G. provide staff and the community with access to to all policies, including the Code of Conduct;

H. address issues of harassment (including bullying) or any situation that threatens the emotional or physical health or safety of any student, employee or other person lawfully on school property, at a school function or from off-campus that affects or can reasonably cause disruption in school  in accordance with this Code of Conduct and the Dignity for All Students Act;

I. maintain confidentiality in accordance with federal and state law;

XII.  THE ROLE OF THE BOARD OF EDUCATION

As the elected officials in charge of our schools, the Board of Education:

A. develops and adopts the policies governing the District, including this Code of Conduct;

B. ensures that all Board policies, including this Code of Conduct, are implemented effectively, and delegates this responsibility to the Superintendent; 

C. complies with state education law and regulations regarding mandated reporting of suspected child abuse in an educational setting;

D. annually reviews the Code of Conduct and updates it as necessary;

E. maintains confidentiality in accordance with federal and state law.

XIII.  CONDUCT OF VISITORS

All visitors to the District must comply with the following procedures for visits. Anyone who is not a regular staff member, board member or student of the school will be considered a visitor. Visitors are expected to comport themselves in a manner that does not disrupt the order of the schools or the educational process and in accordance with the law and this Code of Conduct.

A. All visitors must enter through the designated single point of entry, will be required to present photo identification upon request and, after being screened by the security aide and signing in, 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 Main Office before leaving the building.

B. Visitors attending school functions that are open to the public after regular school hours, such as parent-teacher organization meetings or public gatherings, are not required to register.

C. Anyone who wishes to visit a school building for any purpose must have an appointment prior to their arrival. In an emergency situation, the visit will be permitted only with the permission of the Principal or designee.

D. Visitors may not ask teachers to take class time to discuss individual matters.

E. All visitors are expected to abide by the rules for Public Conduct on School Property contained in this Code of Conduct.

F. The Principal or designee may deny access to any person or group if, in their judgment, the stated purpose of the visit is unreasonable, disruptive, unsafe or not in the best interests of students and staff.

G. Any unauthorized person on school property will be reported to the Principal or designee. Unauthorized persons will be asked to leave immediately and may be subject to arrest and prosecution for trespass if they refuse to comply. The police will be called if the situation warrants.

H. The Principal or administrative designee is authorized to take any and all action necessary to ensure the safety and security of students and staff.

XIV.  REPORTING CODE OF CONDUCT VIOLATIONS

A. To School District Personnel

Students are expected to promptly report violations of the Code of Conduct to a teacher, guidance counselor, the Principal  or, in their absence, the Acting Principal.  Students are required to report any act or threat of violence, including, but not limited to, a student possessing a weapon, a bomb threat, threats to a person or property whether oral, written or by electronic or digital means, whether occurring on or off school premises, as well as a student possessing an illegal substance on school property or at a school function.  

All District staff who are authorized to impose disciplinary consequences are expected to do so in a prompt, fair and lawful manner. District staff who are not authorized to impose disciplinary consequences are expected to report any violation of the Code of Conduct to the Principal or, in their absence, the Acting Principal. District staff are required to report any threat of violence and violent students to the Principal or, in their absence, the Acting Principal or the Superintendent.

Any weapon, alcohol, illegal substance (including synthetic drug) or similar item found shall be confiscated immediately, if possible, maintained in a secure location, followed by notification to the student’s parent and law enforcement as appropriate.

B.   To Local Law Enforcement Agencies

The District will report any acts of violence against persons that constitute a crime,  threatened acts of violence, and other violations of the Code of Conduct which constitute a crime and affect the order and security of the school to the appropriate local law enforcement agency when the student is over the age of 16 or is 14 or 15 years old and qualifies for juvenile offender status. (e.g., theft, destruction of school property, assault, false fire reports, arson, bomb threats, use, possession, distribution or sale of drugs or alcohol, use, possession, distribution or sale of a dangerous or deadly object or a potentially dangerous or deadly object).  

The report shall be made as soon as possible but in no event later than the close of business on the day the Principal or designee learns of the violation. The notification may be made by telephone, followed by a letter mailed on the same day as the telephone call is made. The notification must identify the student or other individual and explain the conduct that violated the Code of Conduct and constituted a crime. When necessary, the District will file a complaint in criminal court against the student.

Any weapon, alcohol or illegal substance found shall be confiscated immediately, if possible, and secured, followed by notification to the parent of the student involved and referral for discipline.

C.   To Human Services Agencies

The District will report any violations of the Code of Conduct which constitute a crime when the student is under the age of 16 to the appropriate human services agencies. When necessary, the District will file; 

1. a juvenile delinquency petition in Family Court for a student under the age of 16 who is found to have brought a weapon to school or a student 14 or 15 years old who qualified for juvenile offender status.

2. a person in need of supervision (PINS) petition in Family Court for a student under the age of 18 who is habitually truant and not attending school as required by law, engages in an ongoing or continual course of misconduct, or knowingly and unlawfully possesses illegal substances as defined in this Code of Conduct. 

XV.  RED FLAG LAW

When a Principal believes that a student is likely to engage in conduct that may result in serious harm to themselves or others, after consultation with the Superintendent and the School Attorney, the Principal  may seek a Temporary and/or Final Extreme Risk Protection Order to prohibit a student’s access to firearms.

XVI.  GUN-FREE SCHOOLS ACT

Any student who comes onto school property (or a school event whether on or off school property) with a firearm, as defined under this act (see definition of “weapon” at paragraph 1 on page 6), will receive a minimum one-year suspension from school, subject to the discretion of the Superintendent to modify the penalty for a student if the Superintendent believes that the one year or longer suspension penalty is excessive. The Superintendent shall make the decision on a case by case basis, based upon criteria, including, but not limited to: 

A. The age of the student;

B. The student’s grades in school;

C.         The student’s prior disciplinary record;

D.         The Superintendent’s belief that other forms of discipline may be more effective;

E.         Other relevant information from the parent(s)/guardian(s), teacher(s) and/or others;

F.          Other extenuating circumstances.

XVII.  DIGNITY FOR ALL STUDENTS ACT (DASA)

The District condemns and prohibits all forms of discrimination and harassment of students based on actual or perceived race (including traits historically associated with race), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity, gender expression and transgender status) or sex by school employees or students on school property, school buses and at school-sponsored events and activities that take place on or off of school property.  In addition, any act of discrimination or harassment outside of school and school events which can reasonably be expected to materially and substantially disrupt the educational process may subject the offender to discipline. 

To that end, the administrators, faculty, staff and students will participate in activities designed to support a school climate of caring and respect, and to proactively prevent discrimination, harassment, and bullying, including cyberbullying. These developmentally appropriate activities are designed to foster an acceptance and understanding of differences, provide alternative behaviors and responses, and build the capacity to prevent and reduce bullying.

All students have the responsibility to treat each other with caring and respect. No student shall be treated differently or unfairly because of actual and/or perceived differences. This includes saying hurtful words and/or doing hurtful things either in person, on a computer or other electronic device, or in any other way. Students who feel uncomfortable and/or unsafe because of the words or actions of others should immediately speak with a teacher, administrator, coach, or other adult.

XVIII.  DISCIPLINE

Discipline is most effective when it deals directly with the problem at the time and place it occurs, and in a way that students view as fair and impartial. School personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students’ ability to grow in self-discipline.

Disciplinary action, when necessary, will be firm, fair and consistent, so as to be the most effective in modifying student behavior. In determining the appropriate disciplinary action, school personnel who are authorized to impose disciplinary consequences will consider the following:

A.         the student’s age

B.         the nature of the offense and the circumstances which led to the offense

C.         the student’s prior disciplinary record

D.         information from parents, teachers and/or others, as appropriate

E.         other extenuating circumstances

As a general rule, discipline will be progressive. This means that a student’s first violation will usually merit a less severe consequence than subsequent violations.

XIX.  DETENTION

A. In-School Detention: Teachers may assign detention during the school day; Principals, Acting Principals, Assistant Principals and the Superintendent may assign detention during the school day or after school as a consequence for student misconduct in situations where removal from the classroom or suspension would not be appropriate. 

B. After-School Detention: Detention will be imposed as a consequence only after the student’s parent has been notified to confirm the detention and the student has appropriate transportation home following after-school detention. 

XX.  REMOVAL OF STUDENT FROM THE CLASSROOM

The District has determined that certain acts of misconduct interfere with instruction and/or with the safety and welfare of students and staff. Although some incidents of misconduct may require removal from the classroom or suspension from school, efforts will be made to address misconduct without removal from the classroom or suspension from school. This is in keeping with the District goal of avoiding consequences that interrupt or interfere with learning. In most instances, the teacher can manage a student’s behavior and maintain or restore control over the classroom by using good classroom management techniques. These classroom management techniques do not constitute disciplinary actions for purposes of this Code of Conduct. However, no child will be allowed to continue disrupting the instruction of the class or interfering with the safety of the school, its staff, students and visitors.

Teachers shall have the authority to remove a student from their classrooms whenever the student substantially disrupts the educational process or substantially interferes with the teacher’s authority over the classroom.  “Substantially disruptive” means that the course of instruction has to be discontinued more than momentarily such that it breaks the continuity of the lesson, to address the disruptive conduct of the student. “Substantially interferes” with the teacher’s authority over the classroom means that the student has been insubordinate to the teacher in the presence of the class and has failed to obey the teacher’s directives to cease and desist (e.g., at least two directives).

A secondary teacher may remove a student for the remainder of the class period upon the first event and for up to two days of the class upon the second or third event.  

An elementary teacher may remove a student for up to one class period. Upon the occurrence of a fourth event within a trimester from the same teacher’s class, a Principal’s suspension shall occur, as per the regulations of the Commissioner of Education.

Notwithstanding the above, if the circumstances warrant suspension, a Principal’s suspension for substantially disruptive behavior may be implemented in lieu of removal of the student from the classroom by the teacher.

Once the teacher determines that the student has been substantially disruptive or substantially interferes with the teacher’s authority over the classroom:

A. the teacher must inform the student in class (or within 24 hours of removal where the student presents an ongoing threat of disruption or a continuing danger at the time of removal) of the reason for the removal and allow the student to informally present their version of the relevant events;

B. the Principal/designee must be notified by the teacher at the time of the student’s removal, followed up by submission of an incident form as soon as possible, but no later than the end of the school day; 

C. the Principal/designee must inform the student’s parent of the removal and the reasons therefor within 24 hours of the student’s removal;

D. upon request, the student and their parent must be given an opportunity for an informal conference with the Principal/designee to discuss the reasons for removal. If the student denies the incident, the Principal/designee must provide an explanation of the basis for the removal and allow the student and/or their parent an opportunity to present the student’s version of the relevant events within 48 hours of the student’s removal.

E. the Principal/designee may not set aside the removal unless they find that the  allegations against the student are (1) not supported by substantial evidence or (2) the student’s removal otherwise violates law, or (3) the conduct warrants suspension from school and a suspension will be imposed.

F. the Principal’s/designee’s determination on whether or not to support the teacher’s removal of the student shall be made by the close of business on the day succeeding the 48-hour period for the informal Principal’s removal conference. The teacher who makes the removal may be required to attend the Principal’s conference at the Principal’s discretion.

The District shall provide continued educational programming for students who are removed from their classrooms.

An appeal brought by the parent or student over the age of 18 of a Principal’s removal decision must be presented to the Superintendent/designee within 10 calendar days, prior to any further appeal.

XXI. STUDENT SUSPENSION PROCESS

A. Suspensions

The Superintendent, a Principal  or in their absence, an Acting Principal, may suspend a student from school where it is determined that the student:

1. is insubordinate, disorderly or violent, or exhibits conduct which endangers the safety, morals, health or welfare of others; or 

2.removed from a classroom for substantially disrupting the educational process or substantially interfering with the teacher’s authority in the classroom four or more times in one semester or a trimester, as applicable.

In addition to the statutory grounds for suspension from school, students may also be subject to suspension based upon a violation of the specific disciplinary infractions listed within the Disciplinary Measures section of this Code of Conduct.

B. In-School Suspension

The Principal, Acting Principal or Superintendent may place students who would otherwise be suspended from school as a result of a violation of this Code of Conduct in “In-School Suspension.”  The in-school suspension room will be supervised by a certified instructional employee.

A student who receives an in-school suspension is not entitled to a full hearing pursuant to §3214 of the Education Law. However, the student and the student’s parent will be notified of the in-school suspension and 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.

C. Pre-Suspension Process for Out-of-School Suspensions

Prior to being suspended from school, the student shall be interviewed  by a school official empowered to suspend, as referenced above, at which time the student will be notified of the reason for the suspension and given the opportunity to explain their version of the incident. The student shall also be afforded the right to present other persons to the suspending authority in support of their version of the incident. If the student’s presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, the interview will occur following suspension, as soon thereafter as is reasonably practicable. In all cases, there shall be no suspension until after the informal Principal’s conference, unless waived, as described in section “C” below.

D. Short-Term Suspension Process:  Suspension for Five or Fewer School Days

Prior to a proposed suspension from school for between one and five school days by a Principal or an Acting Principal in the absence of the Principal, the student and their parent shall be notified, in writing, by personal delivery, express mail or overnight service, and by telephone, if possible, within 24 hours of the decision to propose suspension. Such written notice shall include a description of the incident(s) resulting in the suspension and shall inform the parent of their right to request an immediate informal conference with the Principal at which the student and/or their parent may present the student’s version of the event and ask questions of complaining witnesses. Upon such request, an informal conference with the Principal and other parties involved shall be convened as soon as possible.  The right to an informal conference with the Principal shall also extend to a student if 18 years of age or older. The notice and informal conference shall be in the dominant language or mode of communication used by the parent. If the student’s presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, the suspension will be immediate, and the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practicable.

Any appeal brought by the parent or student over the age of 18 of a Principal’s suspension be presented to the Superintendent in writing within 10 business days of receipt of the notice of the suspension.  If the parents are not in agreement with the Superintendent’s decision, they may file a written appeal to the Board with the District Clerk within 10 business days of the date of the Superintendent’s decision. The decision of the Board may be appealed to the Commissioner of Education within 30 calendar days of the decision.

E. The Long-Term Suspension Process: Suspension for More than Five School Days

Any suspension from school in excess of five school days shall be considered a long-term suspension. Unless there is a written agreement between the person requesting the suspension (Principal, Acting Principal, Superintendent) and the parent, a long-term suspension may be imposed only after the Superintendent has conducted a hearing.

When a student is subject to a long-term suspension, a hearing shall be conducted by the Superintendent if the Principal or Acting Principal has made the original suspension. The Superintendent may designate a Hearing Officer to make findings of fact with respect to the charges of infractions under this Code of Conduct, as well as recommendations for consequences pursuant to the parameters described herein.

F. Hearing Procedures

1.   Notice of Hearing

In the event of the suspension of a student under the age of 18 years, the notice of suspension will be mailed or delivered to the parent, who shall have a minimum of 48 hours notice of the time and place of the hearing, as well as the nature of the charge(s) and the facts, sufficiently stated so that a proper defense may be placed upon the record on behalf of the student.

In the event of the suspension of a student over the age of 18, the notice, as described above, shall be delivered or mailed to the student, as well as to the student’s parent(s), if any. Emancipated minors shall be entitled to the same notice rights as a student beyond the age of 18 years.

All notices of long-term suspension hearings shall contain provisions indicating that the student has the right to be represented by an attorney or advocate, that a transcript of the hearing will be prepared (tape recording or stenographic record) and that the student has the right to subpoena witnesses or otherwise present witnesses in their defense. The time, date and location of the hearing shall also be prominently set forth in the notice.

2. The Long-Term Suspension Hearing

The hearing shall be conducted by the Superintendent or a designated Hearing Officer in the event of a suspension by a Principal or Acting Principal, and by a designated Hearing Officer if the Superintendent suspended the student.  

At the beginning of the hearing, the Hearing Officer shall inform the student and the student’s representative(s) that:

A. the District’s and the student’s representatives shall have the right to examine and cross-examine witnesses;

B. the student has the privilege against self-incrimination, but that if the student does testify, they shall be subject to cross-examination;

C. the District has the burden of proving the charges by a preponderance of the credible evidence;

D. a transcript of the proceedings shall be maintained and made available to the student’s representative upon request; and

E. the hearing shall be private or open to the public, as determined by the student’s representative. 

• The person conducting the hearing shall not have intimate knowledge of the details of the charges to assure an impartial, unbiased hearing of the case.

• The Hearing Officer shall inform the parties that:

• the case will proceed by having the District present its evidence through witnesses and other evidence first;

F. the District’s witnesses shall be subject to cross-examination by the student’s representative; and

G. the student will then have the opportunity to present witnesses on their behalf, subject to cross-examination by the District’s representative.

Following the conclusion of the testimony and the introduction of other evidence matters, the parties shall be afforded the opportunity to present oral arguments to the Hearing Officer indicating the reasons why the charges should be sustained or dismissed.

The Hearing Officer shall then reach findings of fact upon the charges. In the event that one or more of the charges is sustained, the Hearing Officer shall then receive statements from the parties regarding the appropriate consequence. In the event that the parent and/or the student, in an appropriate case, have been served with a copy of the student’s past disciplinary anecdotal record in a timely fashion (at least 48 hours before the hearing), for consideration at the hearing, such record may be considered by the Hearing Officer in determining an appropriate penalty. The incidents contained within the past anecdotal record shall be subject to proof to the extent that they are denied by the student, as expressed by the student’s representative.

The Hearing Officer, upon the conclusion of the portion of the proceedings dealing with penalty determinations, shall make findings of fact and penalty recommendations, if any, to the Superintendent  immediately upon the conclusion of the long term suspension hearing.

The Superintendent shall make their own findings of fact and penalty decision, by adopting those of the designated Hearing Officer, where applicable, in whole or in part, or by reaching independent findings of fact and penalty determinations. This process shall be concluded within the five school day period from the time of the initial suspension if the student is to be continuously suspended. The decision may be communicated to the student’s representative and/or student (over the age of 18) beyond the five school day period in cases where the student has been reinstated to attendance in school pending the final determination on the charges and penalty by the Superintendent. 

3. Appeals Process

The decision of the Superintendent with respect to the findings of fact sustaining charges in a long-term suspension hearing and/or penalty determination shall be subject to appeal to the Board in writing within 30 days of receipt of the Superintendent’s determination. The Board shall review the record of the student disciplinary proceedings, including the written or audio transcript of the proceedings, documentary evidence and written arguments of the representatives of the respective parties, if any. The Board does not provide the representatives of the respective parties with the opportunity either to present evidence not previously in the record or to make arguments in person before the Board.

The Board may review findings of fact, uphold the penalty, reduce the penalty or condition a suspended student’s early return to school or suspension revocation upon: 

A. a student’s voluntary participation in counseling or; 

B. voluntary participation in special classes, such as those addressing anger management or dispute resolution. If the student and parent agree to this option, the terms and conditions will be specified in writing. If the student violates the agreed-upon terms and conditions within a certain defined period of time, the unserved portion of the suspension may be reimposed.

Where the Board has ruled on an appeal from a Superintendent’s long-term suspension hearing, the matter may be further appealed to the Commissioner of Education within 30 calendar days of receipt of the Board’s decision.

XXIII. ALTERNATIVE INSTRUCTION

Pursuant to the Education Law, no student shall be suspended from school in their regularly scheduled classes without being provided alternative equivalent instruction, either in the form of home instruction or instruction in an alternative setting. Such instruction shall be of a reasonably equivalent nature to that provided in the student’s regularly scheduled classes. A good faith effort shall be made to provide such alternative instruction immediately but in no event later than the third day of suspension.

In the event that a student within the compulsory education age of six and the school year in which they become 16 is suspended from school, alternative equivalent instruction shall be provided for the duration of the period of suspension as required by law.

XXIV. OFF-CAMPUS MISCONDUCT

A student may be subject to discipline for conduct constituting a crime (felony or misdemeanor) which is committed off of school premises or at non-school sponsored activities to the extent that the Principal, Acting Principal and/or Superintendent  reasonably believes that the continued attendance in school of the student would adversely affect the educative process (e.g., disrupts the operation of the school) or constitutes an endangerment to the health, safety, welfare or morals of the student and/or others in our schools.

A student may be subject to discipline for off-campus conduct, including through social media, that does not involve criminality that the Principal, Acting Principal and/or Superintendent reasonably believes has a nexus to the educative process (i.e., student-student, student-personnel, interactions that foreseeably would have a detrimental or disruptive effect upon school programs or activities).

A student may also be subject to discipline for threats or implied threats, cyberbullying, and cyberthreats, including threats of mass harm, that occur off school property and create 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.

XXV. DRESS AND APPEARANCE

All students are expected to dress in a manner appropriate for school as outlined below. 

For the purpose of this Code of Conduct, appropriate dress and appearance for students includes:

A. Dress and accessories that are safe and that do not disrupt or interfere with the educational process.

B.Undergarments, including, but not limited to, underwear, boxer shorts, briefs, thongs, bras, bralettes, sports bras, must be completely covered with outer clothing. 

C. Tops must completely cover the stomach, back and chest area. 

D. Bottoms must cover from the hips to below the buttock at a minimum. 

E. See-through garments exposing the chest area, buttocks, or undergarment are not permitted. 

F. For safety reasons, not to include the wearing of clothing that can mask or obscure a student’s identity, including, but not limited to, hats, head coverings, hoodies, face paint, with the exception of headgear for religious or medical purposes. 

G. Not to include items that are vulgar, obscene, libelous or denigrate others or that are likely to cause material or substantial disruption in the school. 

H. Not to include items that promote or endorse the use of alcohol, tobacco or drugs, or any type of illegal or violent activity. 

I. Not to include items that depict realistic weaponry.

Students must also be dressed in appropriate clothing and protective equipment as required for physical education classes, participation in athletics, science laboratories and home and careers skills classes. 

Nothing in this provision will be construed to limit the ability of students to wear clothing that allows them to express their gender identity as long as such clothing complies with this Dress Code. 

A dress code for employees is a mandatory subject of collective bargaining and, as such, may not be imposed upon employees who are members of unions without negotiations. Nevertheless, employees are responsible to ensure that their dress is safe and appropriate, and does not disrupt or interfere with the educational process.

XXVI. TECHNOLOGY USE

The following prohibited use of technology (including, but not limited to, computers, other electronic devices, network facilities, the internet and internet links), may give rise to disciplinary action against users of such equipment and/or facilities:

A. Any electronic communications, including social media, created or shared by a student or another individual at a student’s request, which originates from the school premises or which is received by a student at the school premises or school event or activity or which affects the operation of the school or a school event or activity which:

1. is lewd, vulgar, obscene, indecent or inappropriate for student recipients of certain ages;

2. conveys a threat of violence, including sexual violence, to a specific individual or individuals or to the school district;

3. constitutes a state and/or federal crime;

4. is the cause of or a substantial contributing factor to a substantial interference with the orderly functioning of the school(s);

5. attributes the text of e-mail or digital communications to a school official(s) or that the text is school endorsed, unless there is such official endorsement or consent from school officials.

B. Technology use that circumvents access restrictions placed upon the  District’s technology by the Board or its administrative designee(s).

C. Technology use that is not school-related or is unauthorized.

D. Permitting the use of a student’s computer log-in by any other person and     such student shall assume responsibility for occurrences in violation of this Code of Conduct that occurs under the student’s log-in code.

E. Any electronic communications, including through social media, created or other off-campus sites which conveys threats of violence to a specific individual or individuals or to the District or that is lewd, vulgar, obscene, or indecent may give rise to disciplinary action against such student.        

XXVII. SUSPENSION FROM TRANSPORTATION SERVICE

Students may be suspended from transportation services for an infraction or infractions listed herein upon the conducting of an informal hearing by the Principal or Acting Principal, at which time the student’s parent or other representative shall be allowed to question the witness relied upon by the District in determining the appropriateness of such suspension of service. In the event that the parent cannot provide transportation for the student, the District will provide alternative instruction for the student. 

XXVIII. SUSPENSION FROM CO-CURRICULAR ACTIVITIES, ATHLETICS, AND SCHOOL FUNCTIONS

Co-curricular activities, athletics as well as school functions (including dances, prom, and graduation) are privileges, not rights. A student may be suspended from participating in  these activities for an infraction of any of the provisions herein, or for violating a specific Code of Conduct issued to participants in the activity. Upon the request of the student’s parent/guardian, the Principal shall allow the parent or other representative of the student the right to appear before them informally, to discuss the conduct which led to suspension from the activity.

If a student is suspended from school pursuant to §3214 of the Education Law, they shall not be permitted to participate in any co-curricular activities, athletics, as well as any other school events or activities (including, but not limited to, dances, prom, graduation, commencement) which take place on the days of suspension (including intervening weekends). At the Middle School, the student will not be able to attend such events and activities for a minimum of one month following the suspension.  

A student’s disciplinary records may have an impact on the student’s participation in graduation/commencement ceremonies and other school/PTA-sponsored activities such as year-end trips and activities, and the prom.

XXIX. DISCIPLINE OF STUDENTS WITH DISABILITIES

A Principal may suspend a student with an educational disability for a short term (5 school days or less) in the same manner as any other student may be suspended. A Principal's designation of an Interim Alternative Educational Setting (“IAES” must be made in consultation with the student's special education teacher.

In the event that a student has a known disability or when school officials can be deemed to know, in accordance with law, that a student has a disability or meets the “suspected of having a disability” standard, the District will first proceed to conduct a §3214 long-term disciplinary proceeding for any suspension of more than five days. The §3214 disciplinary proceeding will be held in two parts, first to determine the student's guilt or innocence on the charges, and the second to determine the penalty.

If guilt is determined on a violation of a provision of the District's Code of Conduct, before a penalty may be imposed, the following rules shall apply:

A.  Section 504/Title II ADA Disability 

Before discipline may be meted out for a student with a disability or suspected disability based solely under §504 of the Rehabilitation Act of 1973 ( “§504)/Title II of the Americans with Disabilities Act (“ADA”), the §504 multi-disciplinary committee (“the §504 Committee”) must make a determination of whether the conduct underlying the charge(s) was a manifestation of the disability.

1. If a nexus is found between the disability and the conduct, no additional discipline shall be imposed and the record of discipline imposed to date for the infraction shall be expunged. The 504 Committee shall consider any appropriate evaluations and/or modifications to the student's accommodation plan.

2. If no nexus is found, yet nonetheless a disability is indicated or has been identified, discipline may be imposed in the same manner as it would be for nondisabled students, upon remand to the §3214 hearing officer. Any penalty imposed may not be based on past behavior for which a nexus determination was not made. A change in placement; i.e. a suspension, removal or transfer in excess of 10 school days, must be preceded by notice and an evaluation conducted by the §504 team.

3. Students with a recognized §504/ADA disability who are currently using or in possession of alcohol or drugs may be disciplined, regardless of their disability status, in the same manner and to the same extent as non-disabled students, provided that such students are currently engaged in the illegal use of drugs or use of alcohol.

4. The District must continue to provide a free appropriate public education to students who have been suspended from school as required by the regulations implementing §504 (34 CFR §104 et. seq.) until the end of the school year in which the student ages out.

B.  IDEA Disability

For students classified or presumed to have disabilities under the Individuals with Disabilities Education Act ("IDEA" - a student with an educational disability), a Manifestation Team must make a Manifestation Determination prior to a student's suspension for 10 or more consecutive school days or prior to a suspension of 10 days or less, if it has been determined that a suspension for less than 10 consecutive school days would constitute a disciplinary change in placement.

A series of suspensions that are each 10 or fewer days in duration may create a pattern of exclusions that constitutes a disciplinary change in placement. That determination will be made on a case-by-case basis in accordance with applicable law and regulation. Among the factors considered in making this determination are the length of each suspension, the proximity of the suspensions to one another, and the total amount of time the student is excluded from school.

A student shall be presumed to have a disability if prior to the time the behavior occurred:

The student’s parent has expressed in writing to supervisory or administrative personnel of the appropriate educational agency or to a teacher of the student that the student is in need of special education, provided that such notification may be oral if the parent does not know how to write or has a disability that prevents a written statement; or

1. The parent of the student has requested an evaluation of the student; or

2. A teacher of the student or other personnel of the District has expressed specific concern about a pattern of behavior demonstrated by the student to supervisory personnel in the District in accordance with the District's child-find procedures.

3. A student shall not be presumed to have a disability for discipline purposes, despite satisfaction of one or more of the above criteria, if:

a.The parent of the student has not allowed a relevant evaluation of the student by the Committee on Special Education ("CSE");

b.The parent of the student has refused special education services; or

c. It was determined by the CSE or Committee on Preschool Special Education ("CPSE") that the Student is not a student with a disability; or

d. It was determined that an evaluation was not necessary and the District provided appropriate notice to the parents of such determination.

C.   Manifestation Determinations

The Manifestation Team shall include a representative of the District knowledgeable about the student and interpretation of information about the child’s behavior, the parent and relevant members or the committee on special education as determined by the parent and the District. The parent must receive written notification prior to any Manifestation Team meeting to ensure that the parent has an opportunity to attend and inform the parent(s) of their right to have relevant members of the CSE participate at the parent's request.

1. When making a manifestation determination, the Manifestation Team shall review all substantial relevant information in the student's file including the student's IEP, any teacher observations, and any relevant information provided by the parents to determine if:

a. The conduct in question was caused by or had a direct and substantial relationship to the student's disability; or

b. The conduct in question was a direct result of the District's failure to implement the IEP,

2. If either of the aforementioned criteria listed as "a." and "b." above are answered affirmatively, the conduct in question shall be deemed to be a manifestation of the student's disability.

3. When a Manifestation Team determines that the conduct in question was a manifestation of a student's disability, the CSE shall meet to recommend and conduct a functional behavioral assessment and implement a behavior intervention plan in accordance with 8 NYCRR § 201.3 and 201.4(d)(2)(a).

4. A meeting for the sole purpose of making a manifestation determination does not require five calendar days’ notice to the student's parent or guardian at the meeting. However, if the CSE meets to consider a change in placement in conjunction with the manifestation determination, the five-day notice requirement of §200.5(a)(3) of the Commissioner's Regulations is applicable and parental participation in all CSE meetings is expected and strongly encouraged.

D.  Discipline of Students with Disabilities when the Manifestation Team has made an Affirmative "Manifestation Finding"

When an educationally disabled student's conduct is a manifestation of the child's disabling condition, a student classified under IDEA may only be suspended from school for more than 10 consecutive school days, if one of the following applies:

1. The CSE recommends a change in placement on the student's Individualized Education Plan (IEP) and/or Behavior Intervention Plan and the parent or 18 or older student consents to such change in writing following receipt of their Procedural Safeguards Notice.

2. A court order or order from an impartial hearing officer of suspension/removal of a dangerous student pursuant to 8 NYCRR 201.8 is obtained.

3. The violation involves weapons, drugs or serious bodily injury.

E. Suspensions for Misconduct Involving Weapons and/or Drugs and/or Serious Bodily Injury

A student classified or deemed to be known as having an educational disability under IDEA may be suspended and placed in an Interim Alternative Educational Setting ("IAES") for up to 45 school days (less if the discipline for a non-disabled student would be less), if the student is found guilty of: 

1. carrying or possessing a weapon while at school, on school property or while at a school function; 

2. knowingly possessing or using illegal drugs, or selling or soliciting the sale of a controlled substance while at school, on school premises or while at a school function; or 

3. inflicting a serious bodily injury to another person while at school or a school function.

In accordance with law, the term "weapon" means "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 that such term does not include a pocket knife with a blade of less than 2-1/2 inches in length." While a pocket knife with a blade of less than 2-1/2 inches in length is not a weapon for purposes of Commissioner’s Regulation §201.7, the student will, however, be subject to discipline under the Code of Conduct, including suspension from school.

In accordance with law, the term "illegal drugs" means controlled substances but not those legally possessed or used under the supervision of a licensed healthcare professional or other permitted authority under the Federal Controlled Substances Act or under any other provision of Federal law. Controlled substances are drugs and other substances identified under schedules set forth in applicable Federal law provisions.

In accordance with law, the term "serious bodily injury" means bodily injury which involves a substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ or mental faculty.

Before a student is suspended and placed in an IAES for up to 45 school days for behavior involving weapons and/or drugs and/or serious bodily injury, the Manifestation Team must conduct a manifestation determination. Placement in an IAES as a result of conduct involving weapons and/or drugs and/or serious bodily injury is not contingent upon a Manifestation Team determination that the misconduct is not related to the student's disability.

4. If the student is or may be placed in an IAES, the CSE shall, as appropriate, recommend a functional behavioral assessment and behavior intervention plan, or review any such pre-existing plan for modification; and

5. A CSE shall determine and recommend an IAES reasonably calculated to enable the child to continue to receive educational services, participate in the general curriculum and progress toward meeting IEP goals and objectives during the period of suspension from instruction. 

F.  Dangerous Students

To continue the suspension of a student classified or deemed to be known as having an educational disability under IDEA for more than 10 consecutive school days, the District may commence an expedited hearing before a special education impartial hearing officer to demonstrate that a student is "dangerous" and is substantially likely to cause injury to themselves or others if returned to their last agreed upon placement. An impartial hearing officer may order the placement of the student in an IAES for up to 45 school days in accordance with 8 NYCRR §201.8 and 201.11.

1. The Manifestation Team must still conduct a manifestation determination within 10 consecutive school days of the initial disciplinary action.

2. If the student is or may be placed in an IAES, the CSE shall, as appropriate, recommend a functional behavioral assessment and behavior intervention plan, or review any such pre-existing plan for modification; and

3. An impartial hearing officer's determination allowing a student's placement in an IAES as a result of dangerous behavior is not contingent upon a Manifestation Team determination that the misconduct is not related to the student's disability.

G.  Discipline of Students with Disabilities when the Manifestation Team has made a "No Manifestation Finding"

Where a student with a disability's conduct is found not to be a manifestation of their disability, the student may be disciplined in the same manner and to the same extent as nondisabled students. In such instances, the CSE shall meet upon proper notice to determine any appropriate evaluations which must be performed, changes to a student's IEP, and to recommend an appropriate IAES where the child can continue to receive educational services, although in another setting, that enables the child to participate in the general curriculum and progress toward meeting IEP goals and objectives during the period of suspension from instruction.

H.  Pendency Placement

An IAES shall be deemed the student's "stay put" placement for up to 45 school days, during the pendency of any expedited due process proceedings commenced by parents to contest 1) a finding that a student is not "presumed to have a disability," and/or 2) a finding that the student's misconduct was not a manifestation of the student's disability, and/or 3) a decision to place a student in a CSE recommended IAES for misconduct involving weapons and/or drugs and/or serious bodily injury, and/or 4) the decision of an impartial hearing officer in a dangerousness hearing, and/or 5) the appropriateness of an IAES program recommended by the CSE in the context of one of the four categories of action listed above.

I.  Declassified Students

In accordance with law, the CSE must conduct a manifestation determination in the case of a student with an educational disability who has been declassified if the disciplinary matter involves behavioral problems.

XXX. DISCIPLINARY MEASURES

The following shall constitute appropriate disciplinary measures authorized by this Student Code of Conduct:

A. Warnings (oral or written) 

B. Restorative practices

C. Confiscation (e.g., electronic equipment, tobacco products)

D. Detention

E. Removal from class

F. In-school suspension

G. Suspension from transportation

H. Suspension from school for up to five (5) school days

I. Suspension from school in excess of five (5) days

J. Suspension from school for at least one (1) year for possession of a weapon (firearm) pursuant to the Gun-Free Schools Act of 1994 (subject to the right of the Superintendent to modify such penalty) or, in the case of a student with a disability whose possession of a weapon is determined not to be related to their disability, placement in an interim alternative educational setting for a period of up to 45 school days

K. Placement in an interim alternative educational setting for a period of up to 45 school days, in the case of a student with a disability whose knowing possession or use of illegal drugs, or sale or solicitation of the sale of a controlled substance or inflicting a serious bodily injury to another person at a school or a school function is determined not to be related to their disability

L. Suspension and notification of police

M. Restitution (e.g., for acts of vandalism)

N. Permanent suspension (Expulsion)

XXXI.  INFRACTIONS WITH PENALTY REFERENCES 

May include any or all of the disciplinary measures set forth above, whether the infraction occurs on campus, school transportation or at school-sponsored activities taking place on or off campus, and may include police contact:

A. Disturbances which disrupt school operations 

B. Substantially disruptive and/or substantially interferes with the teacher's authority in class

C. Repeatedly disruptive and/or substantially interferes with the teacher’s authority in class, giving rise to removal on four or more occasions per semester 

D. Abusive language and/or gestures directed at staff, students or visitors

E. Failing to follow school rules and staff directions 

F. Dress or grooming which is inappropriate as described in this Code of Conduct. 

G. Possession and/or dissemination and/or sale of obscene materials.

H. Smoking/Vaping of any kind, on campus and within 100 feet of the entrances, exits or outdoor areas of any elementary or secondary school, or at school functions or other tobacco/nicotine/THC/CBD/CBG use on campus or at school functions 

I. Possession and/or dissemination of any form of tobacco, nicotine, CBD, THC, or vaping products

J. Cheating in any academic or extra-curricular or co-curricular activity 

K. Willful failure to obey the reasonable directives of school staff (insubordination), including directives not to engage in conduct otherwise referenced as an infraction herein

L. Fighting between students 

M. A fight involving the use or threatened use of a dangerous or deadly weapon

N. Any violent act or threat of violence (either direct or implied) against a teacher or other staff member, another student, or any person in the schools or at a school function, as described in this Code of Conduct 

O. Any threat of violence (either direct or implied), whether against another student, staff member or other person connected with the schools, the District or school property, communicated verbally, in writing or by electronic means, whether from an on-campus or off-campus location

P. An unprovoked assault against another student or person in the schools

Q.   Possession, and/or use, and/or portrayal, and/or sale, and/or distribution of dangerous or deadly weapons or other potentially dangerous objects on school property or at school functions

R. Sale or other distribution, possession and/or use and or portrayal of illegal drugs,  counterfeit drugs, synthetic drugs (such as synthetic cannabinoids), whether specifically illegal or not, unauthorized prescription medication or alcohol, or drug paraphernalia, or a substance which the individual believes or represents to be such drugs or alcohol, at school or while at school functions 

S. Possession and/or use and/or sale and/or distribution of dangerous or deadly substances (including, but not limited to, chemicals and inhalants) at school or while at school functions 

T. Possession and/or sale and/or distribution and/or use of fireworks or other incendiary devices on school property or at school events 

U. Instigating or inciting others to commit any of the acts prohibited by this Code of Conduct

V. Commission of conduct which constitutes a misdemeanor while on school property or at a school event 

W. Commission of conduct which constitutes a felony while on school property or at a school event 

X. Gambling 

Y. Hazing 

Z. Obscene, lewd, vulgar or indecent conduct or speech that in any form, such as oral,  written, digital, and expressed or distributed on school property or at a school event 

AA. Public displays of affection beyond a hug and hand holding

BB. Theft of property, school or personal 

CC. Extortion 

DD. Plagiarism    

EE. Lighting a fire in school or on school property or at a school function, whether       or not damage results (includes lighting a match if not authorized)

FF. Arson

GG. Intentional destruction of school property (vandalism)

HH. Use or possession of a light or laser pointer 

II. Unauthorized use or possession of a cell/digital phone/camera or                  communication device, video recording device or any audio playing device 

JJ. Violation of Responsible Use Policy

KK. Class, study hall, homeroom, teacher detention, administrative detention cuts

LL. Eating or drinking where prohibited

MM. Driving recklessly, speeding, failing to follow school staff directives on school grounds 

NN. Parking in unauthorized areas

OO. Activation of a false fire alarm or 911 call, bomb threat or other disaster alarms 

PP. Forgery or fraud 

QQ. Harassment and/or discrimination including conduct, threats, whether verbal or non-verbal, intimidation or abuse that reasonably causes a student to fear for their physical safety; such conduct, verbal 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 (including gender identity, gender expression and transgender status), or sex, veteran status, appearance or other physical attribute

RR. Bullying (including cyberbullying), intimidation or coercion (the act of threatening, verbally, in writing, by electronic, digital or mobile communication or by gesture, the well-being, health, safety, freedom or property of any person) 

SS. Leaving campus without authorization

TT. Tardiness to class/school 

UU. Unauthorized absence from school or class 

VV.Trespassing on campus or at any school-sponsored or school-related function or event while suspended from school 

 The administration reserves the right to implement disciplinary action for incidents not specifically identified above.

 The repeating of an infraction may lead to the imposition of the next measure of discipline.

 Chronic repeating of infractions may lead to long-term suspension or permanent suspension (expulsion).

 XXXII. PUBLIC CONDUCT ON SCHOOL PROPERTY

Any action by an individual or group(s) aimed at disrupting, interfering with or delaying the education process, or having such effect, is prohibited. It is the District’s responsibility to protect school property and declare its intent to take any and all legal action to prevent its damage or destruction. The District will also seek restitution from, and prosecution of, any person or persons who willfully damage school property.

These rules govern the conduct of students, parents, faculty and other staff, other visitors, licensees, invitees, and all other persons, whether or not their presence is authorized, upon District property, and also upon or with respect to any other premises or property (including school buses) under the control of the District and used in its instructional programs, administrative, cultural, recreational, athletic, and other programs and activities, whether or not conducted on school premises.

A. PROHIBITED CONDUCT

No person, either singly or in concert with others, shall:

1. violate any District policy or any portion of this Code of Conduct when on school property;

2. cause physical injury to any other person, or threaten to do so; 

3. bully, intimidate, harass or discriminate against any person;

4. physically restrain or detain any other person, or remove such person from any place where they are authorized to remain;

5. willfully damage or destroy property of the District or under its jurisdiction, or the personal property of a district employee or any person lawfully on school property (including graffiti or arson) or remove or use such property without authorization;

6. without permission, expressed or implied, enter into any private office of an administrative officer, member of the faculty or staff member;

7. enter upon and remain in any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others;

8. without authorization, remain in any building or facility after it is normally closed;

9.      refuse to leave any building or facility after being directed to do so by an authorized administrative officer, member of the faculty or staff, or member of the Board;

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

11. disrupt or prevent the orderly conduct of classes, school programs, school activities, including lectures and meetings, and any other programs held on school grounds; 

12. deliberately interfere with the freedom of any person to express their views, including invited speakers;

13. knowingly have in their possession upon any premises to which these rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon without written authorization of the Superintendent or designee, whether or not licensed to possess the same has been issued to such person;

14. drive recklessly, speed, pass a school bus illegally or fail to follow the instructions of school personnel directing traffic or traffic directions on school grounds, or park in unauthorized areas; 

15. use cigarettes or vapes (including electronic cigarettes) and other tobacco or tobacco-related products on school premises and within 100 feet of the entrances, exits or outdoor areas of any elementary or secondary school, or at school functions, whether on or off of school premises;

16. willfully incite others to commit any of the acts herein prohibited with specific intent to procure them to do so;

17. distribute or wear materials on school grounds or at school functions that are obscene, advocate illegal action, appear libelous or obstruct the rights of others;

18. possess, consume, sell, distribute or exchange alcoholic beverages, controlled substances or illegal substances (including synthetic drugs such as synthetic cannabinoids, whether specifically illegal or not) or be under the influence of any such items on school property or at a school function;

19. loiter on or about school property;

20. spit or engage in other unhygienic behavior on school property or at a school function;

21. refuse to comply with the reasonable order or directive of identifiable school district officials performing their duties; and/or

22. violate any federal or state statute, local ordinance or Board policy while on school property or while at a school function.

B. PENALTIES AND PROCEDURES

A person who violates any of the provisions of these rules may be subject to the following penalties and procedures:

1. If a licensee or invitee, their authorization to remain upon the grounds or other property may be withdrawn and they may be directed to leave the premises.  In the event of failure to do so, they may be subject to ejection.

2. If trespasser or visitor without specific license or invitation, they may be subject to ejection and/or arrest.

3. If they are a student, they may be subject to disciplinary action as the facts of the case may warrant, as prescribed by §3214 of the Education Law and the Code of Conduct.

4. If a faculty member, they may be subject to disciplinary action as prescribed by and in accordance with procedures of the Education Law and applicable collectively negotiated agreement.

5. If a staff member in the classified service of the civil service, described in §75 of the Civil Service Law, they may be guilty of misconduct and subject to the penalties and procedures prescribed in said section and be subject to ejection.

6. If a staff member other than one described above, they may be subject to discipline in accordance with law and any applicable collectively negotiated agreement.

C. ENFORCEMENT PROGRAM

The Superintendent shall be responsible for the enforcement of these rules, and shall designate other personnel who are authorized to take action in accordance with such rules when required or appropriate to carry them into effect.

1. In the case of any apparent violation of these rules by such persons, which, in the judgment of the Superintendent or designee, does not pose any immediate threat of injury to person or property, such officer may make reasonable effort to learn the cause of the conduct in question and to persuade those engaged therein to desist and to resort to permissible methods for resolution of any issues which may be presented. In doing so, such officers shall warn such persons of the consequences or persistence in the prohibited conduct, including their ejection from any District properties where their continued presence and conduct is in violation of these rules.

2. In any case where violation of these rules does not cease after such warning and in other cases of willful violation of such rules, the Superintendent or designee shall cause the ejection of the violator from any premises which they occupy in such violation and shall initiate disciplinary action hereinbefore provided.

3. The Superintendent or designee may apply to the public authorities for any aid which they deem necessary in causing the ejection of any violator of these rules and they may request the School Attorney to apply to any court of appropriate jurisdiction for any injunction to restrain the violation or threatened violation of such rules.

This Code of Conduct and the consequences set forth herein are not considered to be inclusive or to preclude in any way the prosecution and conviction of any person for the violation of any federal or state law or local ordinance and the imposition of a fine or penalty provided for therein.

Readopted date: November 4, 2013

Readopted date: July 8, 2015

Readopted date: July 12, 2016

Readopted date: July 10, 2017

Readopted date: July 9, 2018

Readopted date: July 8, 2019

Readopted date: July 6, 2020

Reviewed date: November 5, 2020

Readopted date: July 12, 2021

Readopted date: July 11, 2022

Amended date:  July 10, 2023