SCS Code of Conduct

(6) Not include items that are vulgar, obscene, and libelous or denigrate others on account of race, color, religion, creed, national origin, gender, sexual orientation, or disability.

(7) Not promote and/or endorse the use of alcohol, tobacco, or illegal drugs and/or encourage other illegal or violent activities.

(C) Each building principal or his or her designee shall be responsible for informing all students and their parents of the student dress code at the beginning of the school year and any revisions to the dress code made during the school year.

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

Article 7. PROHIBITED STUDENT CONDUCT

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

(B) The best discipline is self-imposed, and students must learn to assume and accept responsibility for their won behavior, as well as the consequences of their misbehavior. District personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students' ability to grow in self-discipline.

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

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

(1) Engage in conduct that is disorderly. Examples of disorderly conduct include:

(2) Running in hallways.

(3) Making unreasonable noise.

(4) Using language or gestures that are profane, lewd, vulgar, or abusive.

(5) Obstructing vehicular or pedestrian traffic.

(6) Engaging in any willful act which disrupts the normal operation of the school community.

(7) Trespassing. Students are not permitted in any restricted area of the school building without permission from an administrator or person in charge. They are not permitted in the building after regular school hours unless participating in a legitimate activity.

(8) Computer/electronic communication misuse, including any unauthorized use of computer, software, or internet/intranet account: accessing inappropriate web sites: or any other violation of the district's acceptable use policy.

(E) Engage in conduct that is insubordinate. Examples of insubordinate conduct include:

(1) Failing to comply with the reasonable directions of teachers, school administrators, or other school employees in charge of students or otherwise demonstrating disrespect.

(2) Lateness for, missing or leaving school without permission.

(3) Skipping detention.

(F) Engage in conduct that is disruptive. Examples of disruptive conduct include:

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

(G) Engage in conduct that is violent. Examples of violent conduct include:

(1) Committing an act of violence (such as hitting, kicking, punching, and scratching) upon a student, teacher, administrator or other school employee or attempting to do so.

(2) Possessing a weapon. Authorized law enforcement officials are the only persons permitted to have a weapon in their possession while on school property or at a school function.

(3) Displaying what appears to be a weapon.

(4) Threatening to use any weapon.

(5) Intentionally damaging or destroying the personal property of a student, teacher, administrator, other district employee, or any person lawfully on school property, including graffiti or arson.

(6) Intentionally damaging or destroying school district property.

(H) Engage in any conduct that endangers the safety, morals, health, or welfare of others. Examples of such conduct include:

(1) Lying to school personnel.

(2) Stealing and tampering with the property of other students, school personnel or any other person lawfully on school property or attending a school function.

(3) Defamation, which includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them.

(4) Discrimination, which includes the use of race, color creed, national origin, religion, gender, sexual orientation, or disability as a basis for treating another in a negative manner.

(5) Harassment or bullying, which includes a sufficiently severe action or a persistent, pervasive pattern of actions or statements directed at an identifiable individual or group which are intended to be or which a reasonable person would perceive as ridiculing or demeaning.

(6) Intimidation, which includes engaging in actions or statements, (bullying) that puts an individual in fear of bodily harm.

(7) Hazing, which includes any intentional or reckless act directed against another for the purpose of initiation into, affiliating with or maintaining membership in any school sponsored activity, organization, club, or team.

(8) Selling, using or possessing obscene material.

(9) Using vulgar or abusive language, cursing or swearing.

(10) Smoking a cigarette, cigar, pipe or using chewing or smokeless tobacco.

(11) Possessing, consuming, selling, distributing or exchanging alcoholic beverages or illegal substances, or being under the influence of either. “Illegal substances” include, but are not limited to:

a) Inhalants

b) marijuana

c) cocaine

d) LSD

e) PCP

f) Amphetamines

g) heroin

h) steroids

i) look-alike drugs

j) and any substances commonly referred to as “designer drugs”

(12) Inappropriately using or sharing prescription and over-the-counter drugs.

(13) Gambling.

(14) Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner.

(15) Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.

(I) Engage in misconduct while on a school bus. It is crucial for students to behave appropriately while riding on district buses to ensure their safety and that of other passengers and to avoid distracting the bus driver. Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Excessive noise, pushing, shoving, and fighting will not be tolerated.

(J) Engage in any form of academic misconduct. Examples of academic misconduct include:

a) Plagiarism

b) Cheating

c) Copying

d) Altering Records

e) Assisting another student in any of the above actions.

Article 8. REPORTING VIOLATIONS

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

(B) All district staffs that are authorized to impose disciplinary sanctions are expected to do so in a prompt, fair, and lawful manner. District staffs that are not authorized to impose disciplinary sanctions are expected to promptly report violations of the code of conduct to their supervisor, who shall in turn impose an appropriate disciplinary sanction, if so authorized, or refer the matter to a staff member who is authorized to impose an appropriate sanction.

(C) Any weapon, alcohol, or illegal substance found shall be confiscated immediately, if possible, followed by notification to the parent of the student involved and the appropriate disciplinary sanction if warranted, which may include permanent suspension and referral for prosecution.

(D) The Board of Education’s designated appointee must notify the appropriate local law enforcement agency of those code violations that constitute a crime and substantially affect the order or security of a school as soon as practical, but in no event later than the close of business the day the principal or his or her designee learns of the violation. The notification may be made by telephone, followed by a letter mailed on same day as the telephone call is made. The notification must identify the student and explain the conduct that violated the code of conduct and constituted a crime.

Article 9. DISCIPLINARY PENALTIES

Section 9.01 Procedures and Referrals

(A) 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.

(B) Disciplinary action, when necessary, will be firm, fair, and consistent so as to be the most effective in changing student behavior. In determining the appropriate disciplinary action, school personnel authorized to impose disciplinary penalties will consider the following:

(1) Level 1: Minor misbehaviors on the part of a student, infractions that impede the orderly running of a classroom, lunchroom, hallways, or bus. School personnel on the scene usually handle these. They include: failure to accept instruction and procedure, objectionable physical behavior, attention-gaining disturbances, and tardiness.

a) Disciplinary options include: verbal reprimands, parent contact, detention denial of privileges, three-hour supervised school maintenance. (6:00-9:00)

b) *The Code of Conduct at Salem Washington Academy applies to all students except minor variations which would apply if a student is classified by the committee on the Special Education with an Individual Educational Plan (IEP).

(2) Level 2: This type of misconduct more seriously disrupts the learning situation and more pointed disciplinary options are called for. These misbehaviors include: repeated level 1 behavior, insubordination (willful disregard of a reasonable directive by anyone in employ of the school district, repeated tardiness, disrupted or abusive talking, class-cutting, objectionable physical behavior (pushing, shoving), excessive show of affection that is inappropriate or offensive, failure to report to BOCES, harassment, forging.

a) Disciplinary options include level 1 and referral to appropriate school personnel (i.e. psychologist/guidance counselor, principal, school nurse, etc.), detention, supervised custodial service, in-school suspension, modification of schedule, parent notification and/ or conference, loss of extra curricular privileges, temporary removal from the situation (class, lunch, bus).

(3) Level 3: Acts directed against persons or property are included in this next level of misconduct and include: continuation of levels 1 and 2 misconduct, gross insubordination, vandalism, theft, threats, truancy, smoking or use or possession of tobacco substance, throwing of objects (food, snowballs and other projectiles), cheating. The most serious level of misconduct includes the continuation of level 3 misconduct: fighting, sexual harassment-verbal or physical, major vandalism, extortion, possession, or use of dangerous materials (weapon, firecracker, knife, etc.), assault, arson, false fire alarm.

a) Disciplinary options include: out-of-school suspension, referral to law enforcement agencies and other agencies, initiation of a court petition, action by superintendent of school or Board of Education for expulsion, restitution for damages, three-hour supervised school maintenance.

Section 9.02 Fighting:

(1) Assault of another student is not fighting; the student making the assault will be suspended from school.

(2) Both students who are physically involved in fighting will be suspended.

a) The penalty for fighting is an automatic 3-5 day external suspension along with a referral to the superintendent for a possible hearing under the provision of Statute 3214.

Section 9.03 Penalties

(A) Students who are found to have violated the district's code of conduct may be subject to the following penalties, either alone or in combination. The school personnel identified after each penalty are authorized to impose that penalty, consistent with the student's right to due process.

(1) Oral warning can be given by any member of the district staff

(2) Written warning - by drivers, hall and lunch monitors, coaches, guidance counselors, teachers, principal, superintendent

(3) Written notification to parent - bus drivers, hall and lunch monitors, coaches, guidance counselors, teachers, principal, superintendent

(4) Detention - teacher, principal, superintendent

(5) Suspension from transportation - director of transportation, principal, superintendent

(6) Suspension from athletic participation - coaches, principal, superintendent

(7) Suspension from social or extracurricular activities - activity advisor, principal, superintendent.

(8) Suspension of other privileges - principal, superintendent

(9) In-school suspension - principal, superintendent

(10) Removal from classroom by teacher - teachers, principal

(11) Short-term (5 days or less) suspension from school - principal, superintendent, Board of Education

(12) Long-term (more than 5 days) suspension from school - principal, superintendent, Board of Education.

(13) Permanent suspension from school - superintendent, Board of Education.

Section 9.04 Procedures

(A) The amount of due process the student is entitled to receive before a penalty is imposed depends on the penalty being imposed. In all cases, regardless of the penalty imposed, the school personnel authorized to impose the penalty must inform the student of the alleged misconduct and must investigate to any extent necessary the facts surrounding the alleged misconduct. All students will have an opportunity to present their version of the facts to the school personnel imposing the disciplinary penalty in connection with the imposition of the penalty.

(B) Students who are to be given penalties other than an oral warning, written warning or written notification to their parents are entitled to additional rights before the penalty is imposed. These additional rights are explained below.

(1) Detention: Teachers, principal and the superintendent may use after school detention as a penalty for student misconduct in situations where removal from the classroom or suspension would be appropriate.

(2) Suspension from transportation: If a student does not conduct himself/herself properly on a bus, the bus driver is expected to bring such misconduct to the building principal's attention. Students who become a serious disciplinary problem may have their riding privileges suspended by the building principal or the superintendents or their designees. In such cases the student’s parent will become responsible for seeing that his or her child gets to and from school safely. Should the suspension from transportation amount to a suspension from attendance, the district will make appropriate arrangements to provide for the student’s education. A student subjected to suspension from transportation is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the building principal or the principal’s designee to discuss the conduct and the penalty involved.

(3) Suspension from participation extra curricular activities, athletics, and other privileges. A student subjected to a suspension from athletic participation, extra-curricular activities or other privileges is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the district official imposing the suspension to discuss the conduct and penalty involved.

(4) In-school suspension: The board recognizes the school must balance the need of students to attend school and the need for order in the classroom to establish an environment conducive to learning. As such, the board authorizes building principals and the superintendent to place students who would otherwise be suspended from school as the result of a code of conduct violation in “in-school suspension.” A student subjected to an in-school suspension is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the district official imposing the in-school suspension to discuss the conduct and the penalty involved.

(5) Teacher disciplinary removal of disruptive students: A student’s behavior can affect a teacher’s ability to teach and can make it difficult for other students in the classroom to learn. In most instances the classroom teacher can control a student’s behavior and maintain or restore control over the classroom by using good classroom management techniques. These techniques may include practices that involve the teacher directing the student to briefly leave the classroom to give the student an opportunity to regain his or her composure and self-control in an alternative setting. Such practices may include, but are not limited to:

a) sending a student into the hallway briefly

b) sending a student to the principal’s office for the remainder of the class time only

c) Sending a student to a guidance counselor or other district staff member for counseling. Time-honored classroom management techniques such as these do not constitute disciplinary removals for the purposes of this code

(C) On occasion, a student's behavior may become disruptive. For purposes of this code of conduct, a disruptive student is defined as a student who is substantially disruptive of the educational process or who substantially interferes with the teacher's authority. This occurs when a student demonstrates a persistent unwillingness to comply with the teacher's instructions or repeatedly violates the teacher's classroom behavior rules. A classroom teacher may remove a disruptive student from class.

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

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

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

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

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

(I) The principal may require the teacher who ordered the removal to attend the informal conference. If at the informal meeting the student denies the charges, the principal or the principal’s designee must explain why the student was removed and give the student and the student’s parents a chance to present the student’s version of the relevant events. The informal meeting must be held within 48 hours of the student’s removal. The timing of the informal meeting may be extended by mutual agreement of the parent and principal.

(J) The principal or the principal’s designee may overturn the removal of the student from class if the principal finds any one of the following:

(1) The charges against the student are not supported by substantial evidence.

(2) The student’s removal is otherwise in violation of the law, including the district’s code of conduct.

(3) The conduct warrants suspension from school pursuant to Education Law 3214 and a suspension will be imposed.

(K) The principal or his or her designee may overturn a removal at any point between receiving the referral form issued by the teacher and the close of business on the day following the 48-hour period for the informal conference, if a conference is requested. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the principal makes the final determination, or the period of removal expires, whichever is less.

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

(M) Each teacher must keep a complete log (on a district-provided form) for all cases of removal of students from his or her class. The principal must keep a log of all removals of students from class.

(N) Removal of a student with a disability, under certain circumstances, may constitute a change in the student’s placement. Accordingly, no teacher may remove a student with a disability from his or her class until he or she has verified with the principal or the chairperson of the Committee in the Special Education that the removal will not violate the student’s rights under state or federal law or regulation.

Section 9.05 Suspension

(A) Continuous and willful refusal to accomplish school tasks though able to do so, insubordination, disorderly, vicious, illegal, or immoral conduct, and persistent violation school regulations are causes for suspension from school. This includes violation of narcotics laws, use, or possession of alcoholic beverages, hazardous or unauthorized use of unauthorized use of automobiles, use, or possession of weapons or fireworks, or violation of any local, state, or federal laws. Length of suspension will be determined by school authorities and will reflect the offense committed. Parents or guardians will be notified in writing of action taken and will have complete custody and jurisdiction of their child during the suspension. A suspended student may not loiter or appear on school property or at any school-sponsored activity at or away from school. It is his/her responsibility to discuss missed work with each teacher. A student will be readmitted to school after the parents and administration agree upon a satisfactory solution to his conduct. Homework and tests will be made up within a time set up but the classroom teacher.

Section 9.06 In-School Suspension:

(A) In-school suspension is an alternative to out-of-school suspension for less serious level 3 infractions. The student is confined to a small area with a certified teacher who will provide tutoring and constant monitoring. The student is escorted to the restroom and the cafeteria. Lunch is eaten in the in-school suspension area, and the classroom teachers provide class work for the monitor.

Section 9.07 Weapons Policy:

(A) Weapons (knowing possession, handling, transmission, or use) Grades 7-12. Students are forbidden to knowingly and voluntarily possess, handle, and transmit or to use any instrument in school or on school grounds that is ordinarily or generally considered a weapon. Any object that could be used to injure another person, including pocket and wallet chains, and which has no school-related purpose will be considered a weapon for purpose of this code. This includes unauthorized tools, fireworks, explosives or other chemicals, and other weapons as defined under New York Penal Code 265.00-265.40

(1) First offense: Suspension of five days, possible expulsion.

(2) Weapons (knife and gun or the use of or attempt to use any weapon.)

(3) Police will be contacted when there is a suspected violation of criminal laws concerning weapons.

Article 10. ALTERNATIVE INSTRUCTION

(A) When a student of any age is removed from class by a teacher or a student of compulsory attendance age is suspended from school pursuant to Education Law 3214, the district will take immediate steps to provide alternative means of instruction for the student.

Article 11. DISCIPLINE OF STUDENTS WITH DISABILITIES

(A) The board recognizes that it may be necessary to suspend, remove, or otherwise discipline students with disabilities to address disruptive or problem behavior. The board also recognizes that students with disabilities enjoy certain procedural protections whenever school authorities intend to impose discipline upon them. The board is committed to ensuring that the procedures followed for suspending, removing, or otherwise disciplining students with disabilities are consistent with the procedural safeguards required by applicable laws and regulations.

(B) This code of conduct affords students with disabilities subject to disciplinary action no greater or lesser rights than those expressly afforded by applicable federal and state law and regulations.

(C) Removal of a student with a disability, under certain circumstances, may constitute a change in the student’s placement. Accordingly, no teacher may remove a student with a disability from his or her class until he or she has verified with the principal or the chairperson of the Committee on Special Education that the removal will not violate the student’s rights under state of federal regulation.

Section 11.02 Authorized Suspensions or Removals of Students with Disabilities

(A) For purposes of this section of the code of conduct, the following definitions apply:

(1) A “suspension” means a suspension pursuant to Education Law 3214

(2) A “removal” means a removal for disciplinary reasons from the student’s current educational placement other than a suspension and change in placement to an interim alternative educational setting (IAES) ordered by an impartial hearing officer because the student poses a risk of harm to himself or herself or others.

(3) An “IAES” means a temporary educational placement for a period of up to 45 days, other than the student’s current placement at the time the behavior precipitating the IAES placement occurred, that enables the student to continue to progress in the general curriculum, although in another setting, to continue to receive those services and modifications, including those described on the student’s current individualized education program (IEP), that will enable the student to meet the goals set out in such IEP, and include services and modifications to address the behavior which precipitated the IAES placement that are designed to prevent the behavior from recurring.

(B) School personnel may order the suspension or removal of a student with a disability from his or her current educational placement as follows:

(1) The board, the district (BOCES) superintendent of schools or a building principal may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed five consecutive school days and not to exceed the amount of time a non-disabled student would be subject to suspension for the same behavior.

(2) The superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for up to 10 consecutive school days, inclusive of any period in which the student has been suspended or removed under subparagraph (A) above for the same behavior, if the superintendent determines that the student has engaged in behavior that warrants a suspension and the suspension or removal does not exceed the amount of time non-disabled students would be subject to suspension for the same behavior.

(3) The superintendent may order additional suspensions of not more than 10 consecutive school days in the same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.

(4) The superintendent may order the placement of a student with a disability in an IAES to be determined by the committee on special education (CSE), for the same amount of time that a student without a disability would be subject to discipline, but not more than 45 days, if the student carries or possesses a weapon to school or to a school function, or the student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function.

a) “Weapon” means the same as “dangerous weapon” under 18 U.S.C 930 (g) (w) which includes “a weapon, device, instrument, material or substance, animate or inanimate, that is used for or is readily capable of causing death or serious bodily injury, except…[for] a pocket knife with a blade of less than 2 ½ inches in length.”

b) “Controlled substance” means a drug or other substance identified in certain provisions of the federal Controlled Substances Act specified in both federal and state law and regulations applicable to this policy.

c) “Illegal drugs” means a controlled substance except for those legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or any other federal law.

(C) Subject to specified conditions required by both federal and state law and regulations, an impartial hearing officer may order the placement of a student with a disability in an IAES setting for up to 45 days at a time, if maintaining the student in his or her current educational placement poses a risk of harm to the student or others.

Article 12. CHANGE OF PLACEMENT RULE

(A) A disciplinary change in placement means a suspension or removal from a student’s current educational placement that is either:

(1) for more than 10 consecutive school days; or

(2) for a period of 10 consecutive school days or less if the student is subjected to a series of suspensions or removals that constitute a pattern because they cumulate to more than 10 school days in a school year and because of such factors as the length of each suspension or removal, the total amount of time the student is removed and the proximity of the suspensions or removals to one another.

(B) School personnel may not suspend or remove a student with disabilities if imposition of the suspension or removal would result in a disciplinary change in placement based on a pattern of suspension or removal.

(C) However, the district may impose a suspension or removal, which would otherwise result in a disciplinary change in placement, based on a pattern of suspensions or removals if the CSE has determined that the behavior was not a manifestation of the student’s disability, or the student is placed in an IAES for behavior involving weapons, illegal drugs, or controlled substances.

Article 13. SUSPENSION OR REMOVAL OF STUDENTS WITH DISABILITIES

Section 13.01 The district’s Committee on Special Education shall:

(A) Conduct functional behavioral assessments to determine why a student engages in a particular behavior, and develop or review behavioral intervention plans whenever the district is first suspending or removing a student with a disability for more than 10 school days in a school year or imposing a suspension or removal that constitutes a disciplinary change in placement, including a change in placement to an IAES for misconduct involving weapons, illegal drugs or controlled substances. If, subsequently, a student with a disability who has a behavioral intervention plan and who has been suspended or removed from his or her current educational placement for more than 10 school days in a school year is subjected to a suspension or removal that does not constitute a disciplinary change in placement, the members of the CSE shall review the behavioral intervention plan and its implementation to determine if modifications are necessary. If one or more members of the CSE believe that modifications are needed, the school district shall convene a meeting of the CSE to modify such plan and its implementation, to the extent the committee determines necessary.

(B) Conduct a manifestation determination review of the relationship between the student’s disability and the behavior subject to disciplinary action whenever a decision is made to place a student in an IAES either for misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension that constitutes a disciplinary change in placement.

(C) The parents of a student who is facing disciplinary action, but who has not been determined to be eligible for services under IDEA and Article 89 at the time of misconduct, shall have the right to invoke applicable procedural safeguards set forth in federal and state law and regulations if, in accordance with federal and state statutory and regulatory criteria, the school district is deemed to have had knowledge that their child was a student with a disability before the behavior precipitating disciplinary action occurred. If the district is deemed to have had such knowledge, the student will be considered a student presumed to have a disability for discipline purposes.

(D) The superintendent, building principal or other school official imposing a suspension or removal shall be responsible for determining whether the student is a student presumed to have a disability.

(E) A student will not be considered a student presumed to have a disability for discipline purposes if, upon receipt of information supporting a claim that the district had knowledge the student was a student with a disability, the district either: conducted an individual evaluation and determined that the student is not a student with a disability, or determined that an evaluation was not necessary and provided notice to the parents of such determination, in the manner required by applicable law and regulations.

(F) If there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other nondisabled student who engaged in comparable behaviors.

(G) However, if a request for an individual evaluation is made while such nondisabled student is subjected to a disciplinary removal and expedited evaluation shall be conducted and completed in the manner prescribed by applicable federal and state law and regulations. Until the expedited evaluation is completed, the nondisabled student who is not a student presumed to have a disability for discipline purposes shall remain in the educational placement determined by the district, which can include suspension.

(H) The district shall provide parents with notice of disciplinary removal no later than the date on which a decision is made to change the placement of a student with a disability to an IAES for either misconduct involving weapons, illegal drugs or controlled substances, or because maintaining the student in his/her current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension or removal that constitutes a disciplinary change in placement. The procedural safeguards notice prescribed by the Commissioner shall accompany the notice of disciplinary removal.

(I) The parents of a student with disabilities subject to a suspension of 5 consecutive school days or less shall be provided with the same opportunity for an informal conference available to parents of nondisabled students under the Education Law.

(J) Superintendent hearings on disciplinary charges against students with disabilities subject to a suspension of more than 5 school days shall be bifurcated into a guilt phase and a penalty phase in accordance with the procedures set forth in the Commissioner’s regulations incorporated into this code.

(K) The removal of a student with disabilities other than a suspension or placement in an IAES shall be conducted in accordance with the due process procedures applicable to such removals of nondisabled students, except that school personnel may not impose such removal for more than 10 consecutive days or for a period that would result in a disciplinary change in placement, unless the CSE has determined that the behavior is not a manifestation of the student’s disability.

(L) During any period of suspension or removal, including placement in an IAES, students with disabilities shall be provided services as required by the Commissioner’s regulations incorporated into this code.

Article 14. EXPEDITED DUE PROCESS HEARINGS

(A) An expedited due process hearing shall be conducted in the manner specified y the Commissioner’s regulations incorporated into this code, if:

(1) The district requests such a hearing to obtain an order of an impartial hearing officer placing a student with a disability in an IAES where school personnel maintain that it is dangerous for the student to be in his or her current educational placement, or during the pendency of due process hearings where school personnel maintain that it is dangerous for the student to be in his or her current educational placement during such proceedings.

(2) The parent requests such a hearing from a determination that the student’s behavior was not a manifestation of the student’s disability, or relating to any decision regarding placement, including but not limited to any decision to place the student in an IAES.

(3) During the pendency of an expedited due process hearing or appeal regarding the placement of a student in an IAES for behavior involving weapons, illegal drugs or controlled substances, or on grounds of dangerousness, or regarding a determination that the behavior is not a manifestation of the student’s disability for a student who has been placed in an IAES, the student shall remain in the IAES pending the decision of the impartial hearing officer or until expiration of the IAES placement, whichever occurs first, unless the parents and the district agree otherwise.

(4) If school personnel propose to change the student’s placement a after expiration of an IAES placement, during the pendency of proceeding to challenge the proposed change in placement, the student shall remain in the placement prior to removal to the IAES, except where the student is again placed in an IAES.

(5) An expedited due process hearing shall be completed within 15 business days of receipt of the request for a hearing. Although the impartial hearing officer may grant specific extensions of such time period, he or she must mail a written decision to the district and the parents within five business days after the last hearing date, and in no event later than 45 calendar days after receipt of the request for a hearing, without exceptions or extensions.

Article 15. CORPORAL PUNISHMENT

(A) Corporal punishment is an act of physical force upon a student for the purpose of punishing that student. Corporal punishment of any student by any district employee is strictly forbidden. However, in situations where alternative procedures and methods that do not involve the use of physical force cannot be reasonably used, reasonable physical force may be used to:

(1) Protect oneself, another student, teacher, or any person from physical injury.

(2) Protect the property of the school or others.

(3) Restrain or remove a student whose behavior interferes with the orderly exercise and performance of school district functions, powers, and duties, if that student has refused to refrain from further disruptive acts. The district will file all complaints about the use of corporal punishment with the Commissioner of Education in Accordance with the Commissioner’s regulations.

Article 16. STUDENT SEARCHES AND INTERROGATIONS

(A) The Board of Education is committed to ensuring an atmosphere on school property and at school functions that is safe and orderly. To achieve this kind of environment, any school official authorized to impose a disciplinary penalty on a student may question a student about an alleged violation of law or the district code of conduct. Students are not entitled to any sort of “Miranda”-type warning before being questioned by school officials, nor are school officials required to contact a student’s parent before questioning the student. However, school officials will tell all students why they are being questioned.

(B) In addition, the board authorizes the superintendent, building principal, the school nurse, and district security officials to conduct searches of students and their belongings if the authorized school official has reasonable suspicion to believe the search will result in evidence that the student violated the law or the district code of conduct.

(C) An authorized school official may conduct a search of a student’s belongings that is minimally intrusive, such as touching the outside of a book bag, without reasonable suspicion, so long as the school official has a legitimate reason for the very limited search.

(D) An authorized school official may search a student or the student’s belongings based on information received from a reliable informant. Individuals, other than the district employees, will be considered reliable informants if they have previously supplied information that was accurate and verified, or they make an admission against their own interest, or they provide the same information that was received independently from other sources, or they appear to be credible and the information they are communicating relates to an immediate threat to safely. District employees will be considered reliable informants unless they are known to have previously supplied information that they knew was not accurate.

(E) Before searching a student or the student’s belongings, the authorized school official should attempt to get the student to admit that he or she possesses physical evidence that they violated the law or the district code, or get the student to voluntarily consent to the search. Searches will be limited to the extent necessary to locate the evidence sought.

(F) Whenever practicable, searches will be conducted in the privacy of the administrative offices, and students will be present when their possessions are being searched.

Section 16.02 Student Lockers, Desks, and Other School Storage Places

(A) The rules in this code of conduct regarding searches of students and their belongings do not apply to student lockers, desks, and other school storage places. Students have no reasonable expectation of privacy with respect to these places and school officials retain complete control over them. This means that student lockers, desks, and other school storage places may be subject to search at any time by school officials, without prior notice to students and without their consent.

Section 16.03 Strip Searches

(A) A strip search is a search that requires a student to remove any or all of his or her clothing, other than an outer coat or jacket. If an authorized school official believes it is necessary to conduct a strip search of a student, the school official may do so only if the search is authorized in advance by the superintendent or the school attorney. The only exception to this rule requiring advanced authorization is when the school official believes there is an emergency situation that could threaten the safety of the student or others.

(B) Strip searches may only be conducted by an authorized school official of the same sex as the student being searched and in the presence of another district professional employee who is also of the same sex as the student.

(C) In every case, the school official conducting a strip search must have probable cause – not simply reasonable cause – to believe the student is concealing evidence of a violation of law or the district code. In addition, before conducting a strip search, the school official must consider the nature of the alleged violation, the student’s age, the student’s record, and the need for such a search.

(D) School officials will attempt to notify the student’s parent by telephone before conducting a strip search or in writing after the fact if the parent could not be reached by telephone.

Section 16.04 Documentation of Searches

(A) The authorized school official conducting the search shall be responsible for promptly recording the following information about each search:

(1) Name, age and grade of student searched

(2) Reasons for the search

(3) Name of any informant(s)

(4) Purpose of search (i.e. item(s) being sought)

(5) Type and scope of search

(6) Person conducting search and his/her title and position

(7) Witnesses, if any, to the search

(8) Time and location of search

(9) Results of search (i.e. what item(s) were found)

(10) Disposition of items found

(11) Time, manner and results of parental notification

(B) The building principal or the principal’s designee shall be responsible for the custody, control, and disposition of any illegal or dangerous item(s) taken from a student. The principal or his/her designee shall clearly label each item taken from the student and retain control of the item(s) until the items are turned over to the police. The principal or his/her designee shall be responsible for personally delivering dangerous or illegal items to police authorities.

Section 16.05 Police Involvement in Searches and Interrogations of Students

(A) District officials are committed to cooperating with police officials and other law enforcement authorities to maintain a safe school environment. Police officials, however, have limited authority to interview or search students in schools or at school functions, or to use school facilities in connection with police work. Police officials may enter school property or a school function to question or search a student or to conduct a formal investigation involving students only if they have:

(1) A search or an arrest warrant; or

(2) Probable cause to believe a crime has been committed on school property or at a school function; or

(3) Been invited by school officials.

(B) Before police officials are permitted to question or search any student, the building principal or his/her designee shall first try to notify the student’s parent to give the parent the opportunity to be present during the police questioning or search. If the student’s parent cannot be contacted prior to the police questioning or search, the questioning or search shall not be conducted. The principal or designee will also be present during any police questioning or search of a student on school property or at a school function.

(C) Students who are questioned by police officials on school property or at a school function will be afforded the same rights they have outside the school. This means:

(1) They must be informed of their legal rights.

(2) They may remain silent if they so desire

(3) They may request the presence of an attorney.

Section 16.06 Child Protective Services Investigations

(A) Consistent with the district’s commitment to keep students safe from harm and the obligation of school officials to report to child protective services when they have reasonable cause to suspect that a student has been abused or maltreated, the district will cooperate with local child protective services workers who wish to conduct interviews of students on school property relating to allegations of suspected child abuse, and/or neglect, or custody investigations.

(B) All requests by child protective services to interview a student on school property shall be made directly to building principal or his/her designee. The principal or designee shall set the time and place of the interview. The principal or designee shall decide if it is necessary and appropriate for a school official to be present during the interview, depending on the age of the student being interviewed and the nature of the allegations. If the nature of the allegations is such that it may be necessary for the student to remove any of his or her clothing in order for the child protective services worker to verify the allegations, the school nurse or other district medical personnel must be present during that portion of the interview. No student may be required to remove his or her clothing in front of a child protective services worker or school district official of the opposite sex.

(C) A child protective services worker may not remove a student from school property without a court order, unless the worker reasonably believes that the student would be subject to danger of abuse if he or she were not removed from school before a court order could be reasonably obtained. If the worker believes the student would be subject to danger of abuse, the worker may remove the student without a court order and without the parent’s consent.

Article 17. VISITORS TO THE SCHOOL

(A) The board encourages parents and other district citizens to visit the district’s schools and classrooms to observe the work of students, teachers, and other staff. Since schools are a place of work and learning, however, certain limits must be set for such visits. The building principal or his/her designee is responsible for all persons in the building and on the grounds. For these reasons, the following rules apply to visitors to the school:

(1) Anyone who is not a regular staff member or student of the school will be considered a visitor.

(2) All visitors to the school must report to the main office upon arrival at the school. There, they will be required to sign the visitor’s register and will be issued a visitor’s identification badge, which must be worn at all times while in the school or on school grounds. The visitor must return the ID badge before leaving the building.

(3) Visitors attending school functions that are open to the public, such as parent-teacher organization meetings or public gatherings, are not required to register.

(4) Parents or citizens who wish to observe a classroom while school is in session are required to arrange such visits in advance with the classroom teacher(s) so that class disruption is kept to a minimum.

(B) Teachers are expected not to take class time to discuss individual matters with visitors.

(C) Any unauthorized person on school property will be reported to the principal or his/her designee. Unauthorized persons will be asked to leave. The police may be called if the situation warrants.

(D) All visitors are expected to abide by the rules for public conduct on school property contained in this code of conduct.

Article 18. PUBLIC CONDUCT ON SCHOOL PROPERTY

(A) The district is committed to providing an orderly, respectful environment that is conducive to learning. To create and maintain this kind of environment, it is necessary to regulate public conduct on school property and at school functions. For purposes of this section of the code, “public” shall mean all persons when on school property or attending a school function including students, teachers, and district personnel.

(B) The restrictions on public conduct on school property and at school functions contained in this code are not intended to limit freedom of speech or peaceful assembly. The district recognizes that free inquiry and free expression are indispensable to the objectives of the district. The purpose of this code is to maintain public order and prevent abuse of the rights of others.

(C) All persons on school property or attending a school function shall conduct themselves in a respectful and orderly manner. In addition, all persons on school property or attending a school function are expected to be properly attired for the purpose they are on school property.

Section 18.02 Prohibited Conduct

(A) No person, either alone or with others, shall:

(1) Intentionally injure any person or threaten to do so.

(2) Intentionally damage or destroy school property or the personal property of a teacher, administrator, or other district employee or any person lawfully on school property. This includes graffiti or arson.

(3) Disrupt the orderly conduct of classes, school programs, or other school activities

(4) Distribute or wear materials on school grounds or at school functions that obscene, advocate illegal action, appear libelous, obstruct the rights of others, or are disruptive to the school program.

(5) Intimidate, harass, or discriminate against any person

(6) Enter any portion of the school premises without authorization or remain in any building or facility after it is normally closed.

(7) Obstruct the free movement of any person in any place to which this code applies.

(8) Violate the traffic laws, parking regulations or other restrictions on vehicles

(9) Possess, consume, sell, distribute or exchange alcoholic beverages, controlled substances, or be under the influence of either on school property or at a school function.

(10) Possess or use weapons in or on school property or at a school functions, except in the care of law enforcement officers or except as specifically authorized by the school district.

(11) Loiter on or about school property

(12) Gamble on school property or at school functions

(13) Refuse to comply with any reasonable order of identifiable school district officials performing their duties

(14) Willfully incite others to commit any of the acts prohibited by this code.

(15) Violate any federal or state statute, local ordinance, or board policy while on school property or while at a school function.

Section 18.03 Penalties

(A) Persons who violate this code shall be subject to the following penalties:

(1) Visitors. Their authorization, if any, to remain on school grounds or at the school function shall be withdrawn and they shall be directed to leave the premises. If they refuse to leave, they shall be subject to ejection.

(2) Students. They shall be subject to disciplinary action as the facts may warrant, in accordance with the due process requirements.

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

(4) Staff members in the classified service of the civil service entitled to the protection of Civil Service Law S75. They shall be subject to immediate ejection and to disciplinary action as the facts may warrant in accordance with Civil Service Law S75 or any other legal rights that they may have.

(5) Staff members other than those described in subdivisions 4 and 5. They shall be subject to warning, reprimand, suspension, or dismissal as the facts may warrant in accordance with any legal rights they may have.

Section 18.04 Enforcement

(A) The building principal or his/her designee shall be responsible for enforcing the conduct required by this code.

(B) When the building principal or his/her designee sees an individual engaged in prohibited conduct, which in his/her judgment does not pose any immediate threat of injury to persons or property, the principal or his/her designee shall tell the individual that the conduct is prohibited and attempt to persuade the individual to stop. The principal or his/her designee shall also warn the individual of consequences for failing to stop. If the person refuses to stop engaging in the prohibited conduct or if the person’s conduct poses an immediate threat of injury to persons or property, the principal or his/her designee shall have the individual removed immediately from school property or the school function. If necessary, the local law enforcement authorities will be contacted to assist in removing the person.

(C) The district shall initiate disciplinary action against any student or staff member, as appropriate, with the “Penalties” section above. In addition, the district reserves the right to pursue a civil or criminal legal action against any person violating this code.

Article 19. DISSEMINATION AND REVIEW

(A) Dissemination of Code of Conduct

(1) The board will work to ensure that the community is aware of this code of conduct by:

(2) Providing copies of a summary of the code to all students at a general assembly held at the beginning of each school year.

(3) Making copies of the code of conduct available to all parents at the beginning of the school year.

(4) Mailing a summary of the code of conduct written in plain language to all parents of district students before the beginning of the school year and making this summary available later upon request.

(5) Providing all current teachers and other staff members with a copy of the code and a copy of any amendments to the code as soon as practicable after adoption.

(6) Providing all new employees with a copy of the current code of conduct when they are first hired.

(7) Making copies of the code available for review by students, parents and other community members.

(B) In-service

(1) The board will sponsor an in-service education program for all district staff members to ensure the effective implementation of the code of conduct. The superintendent may solicit the recommendations of the district staff, particularly teachers and administrators, regarding in-service programs pertaining to the management and discipline of students.

(1) The board of education will review this code of conduct every year and update it as necessary. In conducting the review, the board will consider how effective the code’s provisions have been and whether the code has been applied fairly and consistently.

(2) The board may appoint an advisory committee to assist in reviewing the code and the district’s response to code of conduct violations. The committee will be made up of representatives of students, teachers, administrators, and parent organizations, school safety personnel and other school personnel

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

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