Code of Conduct - Liberty Central School District

A printer-friendly copy of the Code of Conduct (adopted Nov. 9, revised Dec. 14, 2021, and Jan. 11, 2024) is available here.

INTRODUCTION

Mission Statement

The mission of the Liberty Central School District is to inspire all students to pursue their dreams and to contribute and thrive in a diverse community.

The Board of Education (“Board”) is committed to providing a safe and orderly school environment where students may receive and District personnel may deliver quality educational services without disruption or interference. In furtherance of that goal, the Board has developed District-wide and building safety plans. Responsible behavior by students, teachers, other District personnel, parents and other visitors is essential to achieving the goal of providing a safe and orderly school environment.

The District is committed to:

Ensuring each student is health, safe, engaged, supported, and challenged;
Helping students develop self-discipline and social and emotional growth; and
Guiding students in improvement and corrections of inappropriate, unacceptable and unsafe behaviors.

Responsible behavior by students, teachers, other District personnel, parents and other visitors is expected, as it is essential to achieving this goal.

For this to happen, everyone in the school community must demonstrate and offer respect to others.

With the recognition that all children make mistakes and that this is part of growing up, schools must help all students learn to grow from their mistakes. School discipline policies should support students and teachers and ensure that everyone is treated with dignity and respect.

The District has a long-standing set of expectations for conduct on school property and at school functions. These expectations are based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty and integrity.

The Board recognizes the need to clearly define these expectations for acceptable conduct on school property; identify the possible developmentally appropriate, graduated consequences of unacceptable conduct; and to ensure that discipline, when necessary, is administered promptly and fairly, keeping in mind the goal is not to penalize, but to teach students there are consequences to actions and choices. To this end, the Board adopts this Code of Conduct (“Code”).

Unless otherwise indicated, this Code applies to all students, school personnel, parents and other visitors when on school property or attending a school function.

DEFINITIONS

For purposes of this Code, the following definitions apply.

“Behavior” is the way in which one acts or conducts oneself, especially towards others. It is expected that students, staff, and visitors will conduct themselves in a way that is in line with this Code of Conduct.
“Cyberbullying” means harassment/bullying, as defined below, through any form of electronic communication. Cyberbullying may include, among other things, the use both on and off school property, of electronic technology, including, but not limited to, e-mail, instant messaging, blogs, chatrooms, pagers, cell phones, gaming systems and social media websites, to deliberately harass or threaten others.
“Dignity Act Coordinator” means one or more staff members who are appointed by the Board of Education, and thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, and sex (Education Law §13[3]).
- For the 2023-2024 school year, the Dignity Act Coordinator is Amy Black
- For the 2023-2024 school year, the Building-Level Dignity Act Coordinator for the Elementary School is Jodie MacKrell, 845-292-5400 ext 2503
- For the 2023-2024 school year, the Building-Level Dignity Act Coordinator for the Middle School Grades 5-8 is Katlyn Rusin 845-292-5400 ext 2302
- For the 2023-2024 school year, the Building-Level Dignity Act Coordinator for the High School Grades 9-12 is Steven Matuszak 845-292-5400 ext 2002
“Disability” means (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this Code dealing with employment, the term must be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held (Education Law §11[4] and Executive Law §292[21]).
“Discrimination” means discrimination against any student by a student or students and/or employee or employees on school property or at a school function including, but not limited to, discrimination based on a person’s actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists),, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity and expression) or sex.
“Disruptive student” means an elementary or secondary student under the age of 21 who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom, or with the authority of other District employees.
“Emotional harm” that takes place in the context of “harassment or bullying” means harm to a student’s emotional well-being through creation of a hostile school environment that is so severe or pervasive as to unreasonably and substantially interfere with a student’s education.
“Employee” means any person receiving compensation from a school district or employee of a contracted service provider or worker placed within the school under a public assistance employment program, pursuant to title 9-B of article 5 of the Social Services Law, and consistent with the provisions of such title for the provision of services to such district, its students or employees, directly or through contract, whereby such services performed by such person involve direct student contact (Education Law §§11[4] and 1125[3]).
“Gender” means actual or perceived sex and shall include a person’s gender identity or expression. (Education Law §11[6]).
“Gender expression” is the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyle, activities, voice or mannerisms.
“Gender identity” is one’s self-conception as being male or female, as distinguished from actual biological sex or sex assigned at birth.
“Harassment/bullying” means the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying as defined in Education Law §11(8), 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; or
2. reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or
3. reasonably causes or would reasonably be expected to cause physical injury or
  emotional harm to a student; or
4. occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property.
For purposes of this definition, the term “threats, intimidation or abuse” shall include verbal and non-verbal actions. (Education Law §11[7]).

Acts of harassment and bullying that are prohibited include those acts based on a person’s actual or perceived membership in the following groups including, but not limited to: race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, and gender (which includes a person’s actual or perceived sex, as well as gender identity and expression). This is not an exhaustive list. (See policy, 0115, Student Harassment and Bullying Prevention and Intervention and regulation 0115-R for more complete definitions of harassment/bullying.)
“Parent” means parent, guardian or person in parental relation to a student.
“Protective hairstyles” includes, but is not limited to, such hairstyles as braids, locks, and twists.
“Race” includes traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.
“Relationships” are the way in which two or more people regard and behave toward each other.
“Respect” is an act of treating everyone in the school community with dignity. This is demonstrated by: treating others with kindness and care, being polite and using manners, expressing thoughts in opinions in ways that are polite and courteous, using a polite tone of voice and body language, listening to others who are speaking to you, keeping one’s hands to oneself and not violating others’ personal space.
“Responsibility” is an obligation to behave in accordance with social norms and being held accountable for one’s actions.
“Restorative Practices” are processes that proactively build healthy relationships and a sense of community to prevent and address conflict and wrongdoing.
“School Bus” means every motor vehicle owned by a public or governmental agency or private school and operated for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity, to or from school or school activities, or, privately owned and operated for compensation for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities (Education Law §11[1] and Vehicle and Traffic Law §142).
“School property” means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school, or in or on a school bus. (Education Law §11[1]).
“School function” means any school-sponsored extra-curricular event or activity. (Education §11[2])
“Sexual orientation” means actual or perceived heterosexuality, homosexuality or bisexuality. (Education Law §11[5]).
“Violent student” means a student under the age of 21 who:
1. Commits an act of violence upon a school employee, or attempts to do so.
2. Commits, while on school property or at a school function, an act of violence upon another student or any other person lawfully on school property or at the school function 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 school district property.
“Weapon” means a firearm as defined in 18 USC §921 for purposes of the Gun-Free Schools Act. It also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger, dirk, razor, stiletto, switchblade knife, gravity knife, brass knuckles, sling shot, metal knuckle knife, box cutters, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper spray or other noxious spray, explosive or incendiary bomb, or other device, instrument, material or substance that can cause physical injury or death when used to cause physical injury or death.

STUDENT RIGHTS AND RESPONSIBILITIES

Student Rights

The District is committed to safeguarding the rights given to all students under federal and state law and District policy. In addition, to promote a safe, healthy, orderly and supportive school environment, all District students have the right to:

Take part in all District activities on an equal basis regardless of race (including traits historically associated with race, such as hair and texture and protective hairstyles like braids, locks, and twists), weight, color, creed, national origin, ethnic group, religion, religious practice, gender (including gender identity and expression) or sexual orientation or disability.
To be respected as an individual and treated fairly with dignity by other students and school staff.
To express one’s opinions, either verbally or in writing, as long as it is done so in a respectful manner.
Present their version of the relevant events to school personnel authorized to impose a disciplinary consequence in connection with the imposition of the consequence.
Access school policies, regulations and rules and, when necessary, receive an explanation of those rules from school personnel.
In disciplinary matters, students will be afforded a due process hearing where they will have the right to present their version of relevant events to school personnel and to question and review any witnesses or evidence brought against them by the school administration before imposition of consequence.
Under the Family Educational Rights and Privacy Act (FERPA), parents and students who are over eighteen years of age have the right to inspect and review the student’s educational records and have the right to request amendment to the student’s education records believed to be inaccurate or misleading. They also
have the right to consent to disclosure of personally identifiable information in a student’s education record, except that FERPA authorizes disclosure without consent.
As a rule, information received by teachers and other school officials is not privileged (except for provisions of FERPA) and may be revealed by the recipient of such knowledge whenever they feel that it is appropriate to do so. However, some communications made in connection with drug or alcohol abuse prevention programs may be kept confidential. A student who is concerned about the confidentiality of communications made to staff members should ask the staff member in advance whether the information could be kept confidential.
To be provided with clear expectations regarding:
a. Course objectives, requirements and state standards;
b. Grading criteria and procedures;
c. Assignment requirements and deadlines; and
d. School and classroom rules and expectations regarding behavior

Student Responsibilities

All District students have the responsibility to:

Contribute to maintaining a safe, supportive and orderly school environment that is conducive to learning and to show respect to other persons and to property.
Be familiar with and abide by all District policies, rules and regulations dealing with student conduct.
Help make school a community free of violence, intimidation, bullying, harassment, and discrimination.
Refrain from interfering with or threatening the education or rights of others.
Attend school every day unless they are legally excused and be in class, on time, and prepared to learn.
Work to the best of their ability in all academic and extracurricular pursuits and strive toward their highest level of achievement possible.
Use a polite tone of voice and appropriate body language, listening when others are speaking to you.
To be truthful when speaking with school officials.
Respect personal space.
React to direction given by teachers, administrators and other school personnel in a respectful, positive manner.
Work to develop skills to manage their emotions and reactions and resolve conflict with others.
Ask questions when they do not understand.
Seek help in solving problems.
Dress appropriately for school and school functions.
Accept responsibility for their actions.
Conduct themselves as representatives of the District when participating in or attending school-sponsored extracurricular events and to hold themselves to the highest standards of conduct, demeanor, and sportsmanship.

ESSENTIAL PARTNERS

All members of our learning community – including students, staff, parents and engaged service providers – have a responsibility to promote behavior that enhances academic and social success. Courteous, respectful, and responsible behavior fosters a positive climate in the learning community.

Those responsibilities include but are not limited to the following:

A. Parents

All parents are expected to:

Recognize that the education of their child(ren) is a joint responsibility of the parents and the school community and collaborate with the District to optimize their child’s educational opportunities.
Send their children to school ready to participate and learn.
Ensure their children attend school regularly and on time.
Ensure absences are excused.
Ensure their children are dressed and groomed in a manner consistent with the student dress code.
Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly environment.
Know school rules and help their children understand them so that their children can help create a safe, supportive school environment.
Convey to their children a supportive attitude toward education and the District.
Build positive, constructive relationships with teachers, other parents and their children’s friends.
Tell school officials about any concerns or complaints in a respectful and timely manner.
Help their children deal effectively with peer pressure.
Inform school officials of changes in the home situation that may affect student conduct or performance.
Provide a place for study and ensure homework assignments are completed.
Be open to active participation in resolving conflicts through a restorative process.

B. Teachers

All District teachers are expected to:

Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists),, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity and expression) or sex, which will strengthen students’ self-concept and promote confidence to learn.
Be prepared to teach and/or work with students.
Demonstrate interest in teaching and concern for student achievement.
Know school policies and rules, and enforce them in a fair and consistent manner.
Maintain confidentiality in conformity with federal and state law.
Communicate to students and parents:
1. Course objectives and requirements
2. Marking/grading procedures
3. Assignment deadlines
4. Expectations for students
5. Classroom discipline plan.
Communicate regularly with students, parents and other teachers concerning growth and achievement.
Participate in school-wide efforts to provide adequate supervision in all school spaces, in conformity with the Taylor Law.
Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function.
Address personal biases that may prevent equal treatment of all students in the school or classroom setting.
Be open to active participation in resolving conflicts through a restorative process.

C. Guidance Counselors

Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists),, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity and expression) or sex.
Assist students in coping with peer pressure and emerging personal, social and emotional problems.
Initiate teacher/student/counselor conferences and parent/teacher/student/ counselor conferences, as necessary, as a way to resolve problems.
Regularly review with students their educational progress and career plans.
Maintain confidentiality in accordance with federal and state law.
Provide information to assist students with career planning.
Encourage students to benefit from the curriculum and extracurricular programs.
Make known to students and families the resources in the community that are available to meet their needs.
Participate in school-wide efforts to provide adequate supervision in all school spaces.
Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.
Address personal biases that may prevent equal treatment of all students.
Be open to active participation in resolving conflicts through a restorative process.

D. Other School Personnel

Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists),, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity and expression) or sex.
Maintain confidentiality in accordance with federal and state law.
Be familiar with the Code of Conduct.
Know school policies and rules and enforce them in a fair and consistent manner.
Help children understand the District’s expectations for maintaining a safe, orderly environment.
Participate in school-wide efforts to provide adequate supervision in all school spaces.
Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.
Address personal biases that may prevent equal treatment of all students.
Be open to active participation in resolving conflicts through a restorative process.

E. Principals/Administrators

Promote a safe, orderly and stimulating school environment, supporting active teaching and learning for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity and expression) or sex.
Ensure that students and staff have the opportunity to communicate regularly with the principal/administrators and have access to the principal/administrators for redress of grievances.
Know school policies and rules and enforce them in a fair and consistent manner.
Be familiar with the Code of Conduct.
Maintain confidentiality in accordance with federal and state law.
Evaluate on a regular basis all instructional programs to ensure inclusion of civility education in the curriculum.
Support the development of and student participation in appropriate extracurricular activities.
Provide support in the development of the Code of Conduct, when called upon.
Disseminate the Code of Conduct and anti-harassment policies.
Be responsible for enforcing the Code of Conduct and ensuring that all cases are resolved promptly and fairly.
Participate in school-wide efforts to provide adequate supervision in all school spaces.
Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.
Address personal biases that may prevent equal treatment of all students and staff.
Be open to active participation in resolving conflicts through a restorative process.

F. The Dignity Act Coordinator

Promote a safe, orderly and stimulating school environment, supporting active teaching and learning for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity and expression) or sex.
Know school policies and rules and enforce them in a fair and consistent manner.
Oversee and coordinate the work of the District-wide and building-level bullying prevention committees.
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.
Be responsible for monitoring and reporting on the effectiveness of the District’s
bullying prevention policy.
Be responsible for monitoring and reporting on the effectiveness of the District’s bullying prevention policy.
Notify the appropriate building principal and the District’s Title IX Coordinator of any reports of sexual harassment made to the Dignity Act Coordinator(s) by individuals other than the building principal or Title IX Coordinator.
Address personal biases that may prevent equal treatment of all students and staff.
Receive training (a) which addresses the social patterns of harassment, bullying and discrimination, including but not limited to those acts based on a person’s actual perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual
orientation, gender (including gender identity and expression) and sex; (b) in the identification and mitigation of harassment, bullying and discrimination; (c) in strategies for effectively addressing problems of exclusion, bias, and aggression in educational settings.

G. The Title IX Coordinator is as follows:

Coordinate the District’s compliance with Title IX.
Coordinate responses to all formal complaints of sexual harassment in accordance with District Policy No.0110 R Title IX Formal Complaint Procedures.
Review and respond to all reports regarding alleged sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute Title IX Sexual Harassment under Policy No. 0110, 0110 R and 0110 E).
Receive annual training on:

a. The definition of sexual harassment;
b. The scope of the District’s education program or activity;
c. How to investigate and grievance process including appeals and informal resolution processes;
d. How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias;
e. Technology to be used at a live hearing;
f. Issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual behavior are not relevant; and
g. Issues of relevance to create an investigative report that fairly summarizes relevant evidence.

H. Superintendent

Promote a safe, orderly and stimulating school environment, supporting active teaching and learning for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity and expression) or sex.
Inform the Board about educational trends relating to student discipline.
Review with District administrators the policies of the Board of education and state and federal laws relating to school operations and management.
Be familiar with the Code of Conduct.
Know school policies and rules and enforce them in a fair and consistent manner.
Maintain confidentiality in accordance with federal and state law.
Work to create instructional programs that minimize incidence of misconduct and are sensitive to student and teacher needs.
Work with District administrators in enforcing the Code of Conduct and ensuring that all cases are resolved promptly and fairly.
Participate in school-wide efforts to provide adequate supervision in all school spaces.
Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.
Address personal biases that may prevent equal treatment of all students and staff.

I. Board of Education

Promote a safe, orderly and stimulating school environment, supporting active teaching and learning for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity and expression) or sex.
Maintain confidentiality in accordance with federal and state law.
Develop and recommend a budget that provides programs and activities that support achievement of the goals of the Code of Conduct.
Collaborate with student, teacher, administrator, and parent organizations, school safety personnel and other school personnel to develop a Code of Conduct that clearly defines expectations for the conduct of students, District personnel and visitors on school property and at school functions.
Adopt and review at least annually the District’s Code of Conduct to evaluate the Code’s effectiveness and the fairness and consistency of its implementation.
Lead by example by conducting Board meetings in a professional, respectful, courteous manner.
Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.
Address personal biases that may prevent equal treatment of all students and staff.
Be open to active participation in resolving conflicts through a restorative process.

STUDENT DRESS CODE

Liberty CSD administration and teachers expect students to present themselves in a manner that is respectful and appropriate. Students’ clothing should not offend others, cause embarrassment to them, present a health hazard, or create a disruption in classes.

All students are expected to give proper attention to personal cleanliness and to dress appropriately for school and school functions. Students and their parents have the primary responsibility for acceptable student dress and appearance.

Teachers and all other District personnel should exemplify and reinforce acceptable student dress and help students develop an understanding of appropriate appearance in the school setting. School staff shall enforce the dress code consistently and in a manner that does not reinforce marginalization or oppression of any group based on race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), sex, gender identity, gender expression, sexual orientation, ethnicity, religion, cultural observance, household income, or body type/size.

All students should be able to dress comfortable for school and engage in the educational environment without fear of or actual unnecessary discipline or body shaming. All students and staff should understand that they are responsible for managing their own personal “distractions” without regulating individual students’ clothing/self-expression.

Student attire shall not interfere with health or safety, contribute to a hostile or intimidating atmosphere for any student, or disrupt or interfere with the educational process.

A student’s dress, grooming and appearance, including hair style/color, jewelry, make-up and nails, shall be safe, appropriate and not disrupt or interfere with the educational process. The wearing of hats in the classroom is not permitted except for a medical or religious purpose.

A student’s attire shall:

Fully cover genitals, buttocks, breasts, and nipples with opaque fabric.
Ensure that underwear is covered by outer clothing (visible waistbands and straps are not violations).
Include a shirt (with fabric in the front, back, and on the sides under the arms) and pants/jeans or the equivalent (e.g., skirt, sweatpants, leggings, shorts, dress).
Include footwear at all times. Footwear that is a safety hazard will not be allowed.

A student’s attire shall not:

Cover the student’s face to the extent the student is not identifiable, except for a medical or religious purpose.
Include items that are vulgar, obscene, libelous, or denigrate, harass, or discriminate against others on account of race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, religion, religious practice, disability, creed, national origin, ethnic group, gender (including gender identity and expression), sex, sexual orientation, or disability.
Promote and/or endorse the use of alcohol, tobacco or controlled substances or illegal drugs and/or encourage other illegal or violent activities.
Include swimsuits (except as required in class or athletic practice).
Include accessories that could be considered dangerous or could be used as a weapon.
Include items that denote or represent gang affiliation such as bandanas, beads, jewelry, or other indicators and/or symbols intended expressly so.

Nothing in this policy will be construed to limit the ability of students to express their gender identity through clothing, jewelry, makeup, or nail color or styles, or to discipline students for doing so. Likewise, nothing in this policy will be construed to restrict students from wearing hairstyles as a trait historically associated with race (such as hair texture and protective hairstyles like braids, locks, and twists) or discipline them for doing so.

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

Enforcement of this dress code must be approached with careful consideration and sensitivity, with the goal of supporting students in reaching their full potential, not shaming or criminalizing them, and to minimize loss of instructional time. Staff, preferably those who have a positive relationship with the student, are expected to address dress code violations with students privately, determine if there are factors impacting the student’s ability to meet the dress code, and help address any issues.

Students whose appearance violate the student dress code shall be required to modify their appearance by covering or removing the offending item and, if necessary or practical, replacing it with an acceptable item. Any student who refuses to do so shall be subject to discipline, up to and including in-school suspension for the day. Any student who repeatedly fails to comply with the dress code shall be subject to further discipline, up to and including out-of-school suspension if after restorative justice principles have been implemented the student continues to refuse to cooperate. Building administrators will make the final decision on dress code violations. If necessary, parents will be notified and asked to come to school to either pick up their student or bring proper attire.

Prohibited Student Conduct

The Board of Education expects all students to conduct themselves in an appropriate and civil manner, with proper regard for the rights and welfare of other students, District personnel and other members of the school community, and for the care of school facilities and equipment, with the goal of making school a community free of violence, intimidation, bullying, harassment, and discrimination. Exclusion from the school environment and suspension will only be used when necessary to protect the safety of students and staff or when all other measures have been exhausted.

The best discipline is self-imposed, and students must learn to assume and accept responsibility for their own behavior, as well as the consequences of their misbehavior. District personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on educating students so that they may grow in self-discipline.

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

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

A. Engage in conduct that is disorderly.

Examples of disorderly conduct include, but are not limited to:

Running in hallways.
Making unreasonable noise.
Using language or gestures that are profane, lewd, vulgar or abusive.
Obstructing vehicular or pedestrian traffic.
Engaging in any willful act which disrupts the normal operation of the school community.
Trespassing. Students are not permitted in any school building, other than the one they regularly attend, without permission from the administrator in charge of the building.
Computer/electronic communications misuse, including any unauthorized use of computers, software, or internet/intranet account; accessing inappropriate websites; or any other violation of the District’s acceptable use policy.

B. Engage in conduct that is insubordinate.

Examples of insubordinate conduct include, but are not limited to:

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

C. Engage in conduct that is disruptive.

Examples of disruptive conduct include, but are not limited to:

Failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of students.
Inappropriate public sexual contact.
Display or use of personal electronic devices, such as, but not limited to, cell phones, I-pods, digital cameras, in a manner that is in violation of District policy.

D. Engage in conduct that is violent.

Examples of violent conduct include, but are not limited to:

Committing an act of violence (such as hitting, kicking, punching, and scratching) upon a teacher, administrator or other school employee or attempting to do so.
Committing an act of violence (such as hitting, kicking, punching, and scratching) upon another student or any other person lawfully on school property or at a school function or attempting to do so.
Possessing a weapon. Authorized law enforcement officials are the only persons permitted to have a weapon in their possession while on school property or at a school function.
Displaying what appears to be a weapon.
Threatening to use any weapon.
Intentionally damaging or destroying the personal property of a student, teacher, administrator, other District employee or any person lawfully on school property or at a school function, including graffiti or arson.
Intentionally damaging or destroying school District property.

E. Engage in any conduct that endangers the safety, physical or mental health or welfare of others.

Examples of such conduct include, but are not limited to:

Lying to District personnel.
Recklessly engaging in conduct that creates a substantial risk of physical injury or endangering other students, school personnel, or any other person lawfully on school property or attending a school function.
Subjecting other students, school personnel or any other person lawfully on school property or attending a school function to danger by recklessly engaging in conduct which creates a substantial risk of physical injury.
Stealing or attempting to steal the property of other students, school personnel or any other person lawfully on school property or attending a school function.
Defamation, which includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them.
Discrimination, which includes using race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, creed, national origin, ethnic group, religion, religious practice, economic status, sex, gender (identity and expression), sexual orientation, weight or disability to deny rights, equitable treatment or access to facilities available to others.
Harassment/bullying, including cyberbullying, as those terms are defined in Board Policy No 5300.10 (above).
Sexual Harassment, as defined in Policy No. 0110 (for sexual harassment of employees) and Policy No. 0110 (for sexual harassment of students).
Title IX Sexual Harassment, as defined under Policy No. 0110 NOTE, however, that no disciplinary penalties can be imposed on a student for alleged Title IX Harassment until a full investigation under Policy No. 0110-R is completed, and a decision-maker has determined, by a preponderance of the evidence, that the student committed the Title IX Sexual Harassment.
Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm.
Cyberthreat, which is online material that threatens or raises concerns about violence to others, or to oneself, through direct threats or distressing material. Direct threats are actual threats to hurt another person. Distressing material is online material that provides clues indicating that the person is emotionally upset, and that the person is contemplating hurting another person, oneself or committing suicide.
Other inappropriate acts using technology.
Physically detaining or restraining any other person.
Hazing, which includes an induction, initiation or membership process involving harassment (see Board Policy No. 0115 and Board Regulation No. 0115-R for more complete definitions).
Sexting is a form of harassment and bullying that is unacceptable and inappropriate on school grounds or at school-sponsored events or functions, using either school or personal technology. Sexting includes the sending, receiving or forwarding of sexually suggestive nude or nearly nude photos and/or sexually suggestive messages through text messages, emails, mobile applications, social media, or any other electronic means.
Selling, using, distributing or possessing obscene material.
Using vulgar or abusive language, cursing or swearing.
Smoking a cigarette, cigar, electronic cigarette (i.e., vape), pipe or using chewing or smokeless tobacco, or smoking/vaping/ingesting cannabis or concentrated cannabis (includes cannabis products) or smoking cannabinoid hemp (except for lawful medical cannabis use in compliance with state law and regulation).
Possessing, consuming, selling, offering, manufacturing, distributing or exchanging alcoholic beverages or illegal substances, or being under the influence of either. “Illegal substances” include, but are not limited to, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, and any synthetic version thereof, whether specifically illegal or not, commonly referred to as “designer drugs” which are substances designed and synthesized to mimic the intended effects and usages of, which are chemically substantially similar to, illegal drugs, which may or may not be labeled for human consumption.
Inappropriately using or sharing prescription and over-the-counter drugs.
Gambling.
Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner.
Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.
Knowingly making false statements or knowingly submitting false information to school staff during a disciplinary process.

F. 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.

G. Engage in any form of academic misconduct.

Examples of academic misconduct include, but are not limited to:

Plagiarism
Cheating
Copying
Altering records
Assisting another student in any of the above actions

H. Engage in off-campus misconduct that interferes with, or can reasonably be expected to substantially disrupt the educational process in the school or at a school function.

Examples of such misconduct include, but are not limited to:

Cyberbullying (as defined in Board Policy No 5300.10 (above), Board Policy No. 0115, and Board Regulation 0115-R)
Threatening or harassing students or school personnel over the phone or other electronic medium.
Cyberthreats
Sexting (as defined above)

REPORTING VIOLATIONS

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

Students and staff who witness harassment, bullying, and/or discrimination, or receive an oral or written report of such acts, shall promptly report such conduct, pursuant to the procedures set forth in Board Policy 0115, Student Harassment and Bullying Prevention and Intervention and 0115-R, Student Harassment and Bullying Prevention and Intervention Regulation.

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

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

The building principal or their designee must notify the appropriate local law enforcement agency of those Code violations that constitute a crime and substantially affect the order or security of a school as soon as practical, but in no event later than the close of business the day the principal or their 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 and explain the conduct that violated the Code of Conduct and constituted a crime.

DISCIPLINARY PROCEDURES, PENALTIES AND REFERRALS FOR STUDENTS WITHOUT DISABILITIES

Historically, the discipline of students in schools has focused mainly on handing out punishments based on specific actions. These punishments include reprimands, loss of privileges, office referrals, detentions and suspensions.

However, understanding discipline as a “teachable moment” is fundamental to a positive approach to discipline with the ultimate goal of teaching pro-social behavior. Therefore, the board authorizes restorative justice practices to be employed where appropriate, use conflict resolution, restitution to those harmed, and group, classroom, community and re-entry circles to address misbehaviors with the ultimate goal of teaching pro-social behavior. This approach seeks
concurrent accountability and behavioral change.

The main principles of restorative justice are valuing and restoring relationships, repairing the harm done to affected parties, respecting others’ opinions, and reintegrating into the school community. Under this model, we ask:

Who has been hurt?
What are their needs?
Whose obligations are these?

Essential to the implementation of restorative justice practices is helping students who have engaged in unacceptable behavior to:

Understand why the behavior is unacceptable and the harm it caused;
Understand what could have been done differently in the same situation;
Take responsibility for their actions;
Make reparations and or restitution to repair the harm done;
Be given the opportunity to learn pro-social strategies/skills to use in the future; and
Understand the progression of more increasingly punitive consequences may be
imposed if the behavior reoccurs.

While there may be more traditional punishments in conjunction with teaching behavior expectations and treating disciplinary matters as teachable moments, this is a more effective approach than merely reacting to specific events unless student behaviors pose an immediate or ongoing threat to the safety of other students and staff.

The Board directs staff and administration to utilize restorative justice practices where appropriate in addressing student disciplinary issues.

In the application of restorative principles, the process is always voluntary for the students. Any parent (or student over the age of 18) can request to go to the traditional disciplinary route and not participate in the restorative process. This may happen at any time during the process, or if a student is unwilling to accept responsibility for their actions and is not demonstrating willingness to make amends.

Consequences, and if needed discipline, are 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.

Consequences and 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 consequences will consider the following:

The student’s age.
The nature of the offense and the circumstances which led to the offense.
The student’s prior disciplinary record.
The effectiveness of other forms of discipline.
Information from parents, teachers and/or others, as appropriate.
Other extenuating circumstances.

As a general rule, discipline will be progressive. This means that a student’s first violation will usually merit a lighter penalty than subsequent violations. However, school personnel are empowered to utilize the consequence most reasonable calculated to ensure the student learns from their behavior and engages in more pro-social behavior in the future.

A. Consequences and Other Remedies

Practices which allow educators to address disciplinary matters as opportunities for learning instead of punishment are expected by the Board rather than a reliance on increasing punitive measures. When choosing interventions and consequences of student’s behavior, teacher, administrators, and staff must balance the district’s dual goals of eliminating school disruptions
and maximizing student instruction time.

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.

In conjunction with the list below, administration (with supports from counselors) can employ conflict resolution meetings, restitution to those harmed, and group, classroom, classroom, community, and/or re-entry circle. Except in limited circumstances, restorative justice practices will always be considered first in dealing with disciplinary issues.

Should a parent or student over the age of 18 opt out of participating in the restorative practices or if restorative practices have not been effective with the student in question, the list below will be utilized to determine consequences.

Oral warning: teacher/student conference, parent contact, in-class time out, brief time out of class, loss of classroom privileges – any member of the District staff
Written warning: bus drivers, hall and lunch monitors, coaches, guidance counselors, teachers, Principal, Assistant Principal, Dean of Students, Superintendent or designee
Written referral to parent: bus driver, hall and lunch monitors, coaches, guidance counselors, teachers, Dean of Students, Assistant Principal, Principal, Superintendent or designee
Detention: teachers, Principal, Assistant Principal, Dean of Students, Superintendent or designee
Suspension from transportation:Dean of Students, Assistant Principal, Principal, Superintendent or designee
Suspension from athletic participation: coaches, Athletic Director, Dean of Students, Assistant Principal, Principal, Superintendent or designee
Suspension from social or extracurricular activities: activity director, Dean of Students, Assistant Principal, Principal, Superintendent or designee
Suspension of other privileges: Dean of Students, Assistant Principal, Principal, Superintendent or designee
In-school suspension: Assistant Principal, Principal, Superintendent.
Removal from classroom by teacher: teachers, Dean of Students, Assistant Principal, Principal
Short-term (five days or less) suspension from school: Principal, Superintendent, Board
Long-term (more than five days) suspension from school: Superintendent, Board
Permanent suspension from school: Superintendent, Board

Students who are found to have violated the District’s Code of Conduct may also be subject to remedial responses, including, but not limited to:

peer support groups;
assignment of an adult mentor at school that the student checks in with at the beginning and end of each school day;
corrective instruction that reemphasizes behavioral expectations or other relevant learning or service experience;
engagement of student in a reflective activity, such as writing an essay about the misbehavior and its impact on others and how the student might handle the situation differently in the future and/or make amends to those who have been harmed;
supportive intervention and/or mediation where constructive conflict resolution is modeled;
behavioral assessment or evaluation;
behavioral management plans or behavior contracts, with benchmarks that are closely monitored;
student counseling and parent conferences that focus on involving persons in parental relation in discipline issues.

B. Procedures

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

Students who are to be given consequences 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

Before or After school: Teachers, principals and the Superintendent may use after school detention as a penalty for student misconduct in situations where removal from the classroom or suspension would be inappropriate. Detention will be imposed as a penalty only after the student’s parent has been notified to confirm that there is no parental objection to the penalty and the student has appropriate transportation home following detention.
Lunch: School personnel may use lunch detention as a penalty for student misconduct in situations where removal from the classroom or suspension would be inappropriate.
Saturday: Principals and Superintendents may use this day as a penalty when students have not served after school detention. Saturday detention will be imposed as a penalty only after the student’s parent has been notified to confirm that there is no parental objection to the penalty and the student has appropriate transportation home following detention.

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 Superintendent or their designees. In such cases, the student’s parent will become responsible for seeing that his or her child gets to and from school safely. Should the suspension from transportation amount to a suspension from attendance, the District will make appropriate arrangements to provide for the student’s education.
A student subjected to a suspension from transportation is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the building principal or the principal’s designee to discuss the conduct and the penalty involved.

3. Suspension from athletic participation, extracurricular activities and other privileges

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

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.” The in-school suspension teacher will be a certified teacher.
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 a student to briefly leave the classroom to give the student an opportunity to regain his or her composure and self-control in an alternative setting. Such practices may include, but are not limited to: (1) sending a student to the principal’s office for the remainder of the class time only; (2) sending a student to a guidance counselor or other District staff member for counseling; or (3) sending a student to Transitional Room 1 [T1]. Time-honored classroom management techniques such as these do not constitute disciplinary removals for purposes of this Code.

Teachers will first use interventions aimed at teaching appropriate and responsible behaviors so students can learn and demonstrate safe and respectful academic, social and emotional behavior. Examples of these include using affective statements, using affective questions, establishing relationship with students, giving positive directives that state expectations, and giving positive and specific feedback etc.
On occasion, a student’s behavior may become more disruptive than a teacher can manage. For purposes of this Code of Conduct, a disruptive student is a student who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom. A substantial disruption of the educational process or substantial interference with a teacher’s authority occurs when a student demonstrates a persistent unwillingness to comply with the teacher’s instructions or repeatedly violates the teacher’s classroom behavior rules.

A classroom teacher may remove a disruptive student from class for up to two days. The removal from class applies to the class of the removing teacher only.
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 they are being removed and an opportunity to explain their version of the relevant events before the student is removed. Only after the informal discussion may a teacher remove a student from class.

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

The teacher must meet with the building principal or designee as soon as possible, but no later than the end of the school day, to explain the circumstances of the removal. If the building principal or designee is not available by the end of the same school day, the teacher must meet with the building principal or designee prior to the beginning of classes on the next school day.

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

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

The building 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 building principal or the building 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.

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

The charges against the student are not supported by substantial evidence.
The student’s removal is otherwise in violation of law, including the district’s code of conduct.
The conduct warrants suspension from school pursuant to Education Law §3214 and a suspension will be imposed.

The building principal or 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. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the building principal makes a final determination, or the period of removal expires, whichever is less.

Any disruptive student removed from the classroom by the classroom teacher will be offered continued educational programming and activities until they are permitted to return to the classroom.
Each teacher must keep a complete log (on a district provided form) for all cases of removal of students from their class. The building principal must keep a log of all removals of students from class.
Removal of a student with a disability, under certain circumstances, may constitute a change in the student’s placement. Accordingly, no teacher may remove a student with a disability from class until they have verified with the building principal or the chairperson of the Committee on Special Education that the removal will not violate the student’s rights under state or federal law or regulation.

6. Suspension from school

Suspensions will be limited to students who pose an immediate or ongoing threat to oneself or others or are repeatedly substantially disruptive or for whom restorative practices have not been effective.
Suspension from school is a severe consequence, which may be imposed only upon students who are insubordinate, disorderly, violent or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others.

Suspensions will be used to the minimum degree necessary to promote improve student behavior and maximize student attendance.

The Board retains its authority to suspend students, but places primary responsibility for the suspension of students with the Superintendent and the building principals.

Any staff member may recommend to the Superintendent or the principal that a student be suspended. All staff members must immediately report and refer a violent student to the principal or the Superintendent for a violation of the Code of Conduct. All recommendations and referrals shall be made in writing unless the conditions underlying the recommendation or referral warrant immediate attention. In such cases a written report is to be prepared as soon as possible by the staff member recommending the suspension.

The Superintendent or building principal, upon receiving a recommendation or referral for suspension or when processing a case for suspension, shall gather the facts relevant to the matter and record them for subsequent presentation, if necessary.

Students who participate in restorative practices ending in restorative conference and written agreement may be permitted to return to school sooner than those who do not.
Early return is entirely at the discretion of the district.

a. Short-term (5 days or less) suspension from school

When the Superintendent or building principal (referred to as the “suspending authority”) proposes to suspend a student charged with misbehavior for five days or less pursuant to Education Law §3214(3), the suspending authority must immediately notify the student orally. If the student denies the misbehavior, the suspending authority must provide an explanation of the basis for the proposed suspension. The suspending authority must also notify the student’s parents in writing that the student may be suspended from school. The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the decision to propose suspension at the last known address for the parents. Where possible, notice should also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting the parents.

The notice shall provide a description of the charges against the student and the incident for which suspension is proposed and shall inform the parents of the right to request an immediate informal conference with the building principal. Both the notice and informal conference shall be in the dominant language or mode of communication used by the parents. At the conference, the parents shall be permitted to ask questions of complaining witnesses under such procedures as the building principal may establish.

The notice and opportunity for an informal conference shall take place before the student is suspended unless the student’s presence in school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process. If the student’s presence does pose such a danger or threat of disruption, the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practicable.

After the conference, the building principal shall promptly advise the parents in writing of their decision. The building principal shall advise the parents that if they are not satisfied with the decision and wish to pursue the matter, they must file a written appeal to the Superintendent within ten (10) business days, unless they can show extraordinary circumstances precluding them from doing so. The Superintendent shall issue a written decision regarding the appeal within ten (10) business days of receiving the appeal. If the parents are not satisfied with the Superintendent’s decision, they must file a written appeal to the Board of Education with the District clerk within ten (10) business days of the date of the Superintendents’ decision, unless they can show extraordinary circumstances precluding them from doing so. Only final decisions of the Board may be appealed to the Commissioner within 30 days of the decision.

b. Long-term (more than 5 days) suspension from school

When the Superintendent or building principal determines that a suspension for more than five days may be warranted, he or she shall give reasonable notice to the student and the student’s parents of their right to a fair hearing. The student will receive adequate notice of the charges and an explanation of the basis for the suspension. At the hearing the student shall have the right to be represented by counsel, the right to question witnesses against him or her and the right to present witnesses and other evidence on their behalf.

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

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

c. Permanent suspension

Permanent suspension is reserved for extraordinary circumstances such as where a student’s conduct poses a life-threatening danger to the safety and well-being of other students, school personnel or any other person lawfully on school property or attending a school function.

d. Procedure After Suspension

The Superintendent or Board may condition a student’s early return from a long-term suspension on the student’s voluntary participation in counseling or specialized classes, such as anger management or dispute resolution. The Superintendent or Board retains discretion in offering this opportunity. If and when the student and/or parent/guardian agrees to this option, the terms and conditions shall be specified in writing. However, if the student violates the agreed-upon terms and conditions within a certain time period, the unserved portion of the suspension may be re-imposed.

c. Minimum Periods of Suspension

1. Students who bring a weapon to school

Any student found guilty of bringing a weapon onto school property will be subject to suspension from school for at least one calendar year. Before being suspended, the student will have an opportunity for a hearing pursuant to Education Law §3214. The Superintendent has the authority to modify the one-year suspension on a case-by-case basis. In deciding whether to modify the penalty, the Superintendent may consider the following:

The student’s age.
The student’s grade in school.
The student’s prior disciplinary record.
The Superintendent’s belief that other forms of discipline may be more effective.
Input from parents, teachers and/or others.
Other extenuating circumstances.

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

2. Students who commit violent acts other than bringing or possessing certain weapons on school property

Any student who is found to have committed a violent act, other than bringing a knife, explosive or incendiary bomb, or other dangerous instrument capable of causing physical injury or death onto school property, will be subject to suspension from school for at least one day. The student and the student’s parents will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed consequence exceeds the minimum five-day suspension, the student and the student’s parents will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The Superintendent has
the authority to modify the minimum five -day suspension on a case-by-case basis. In deciding whether to modify the consequence, the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

3. Students who are repeatedly substantially disruptive of the educational process or repeatedly substantially interferes with the teacher’s authority over the classroom.

Any student who repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom, will be suspended from school for at least five days. For purposes of this Code of Conduct, “repeatedly is substantially disruptive” means engaging in conduct that results in the student being removed from the classroom by teacher(s) pursuant to Education Law §3214(3-a) and this Code on four or more occasions during a semester, or three or more occasions during a trimester. If the proposed penalty is the minimum five-day suspension, the student and the student’s parent will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed penalty exceeds the minimum five-day suspension, the student and the student’s parent will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The Superintendent has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

D. Referrals

1. Counseling

The Guidance Office shall handle all referrals of students to counseling.

2. PINS Petitions

The District may file a PINS (person in need of supervision) petition in Family Court on any student under the age of 18 who demonstrates that he or she requires supervision and treatment by:

Being habitually truant and not attending school as required by part one of Article 65 of the Education Law.
Being ungovernable, or habitually disobedient, and beyond the lawful control of the school.
Engaging in prostitution in violation of Penal Law § 230.00 (engaging or agreeing or offering to engage in sexual conduct with another person in return for a fee); or
Appearing to be a sexually exploited child under Social Services Law §447-a(1)(a), (c), or (d), but the student must consent to filing the PINS petition.

3. Juvenile Delinquents and Juvenile Offenders

For students found to have brought a weapon (defined in 18 USC §930(g)(2) or
firearm (defined in 18 USC §921), the Superintendent is required to make the following referrals:

To the County Attorney for a juvenile delinquency proceeding before the Family
Court: All students under age 16, except student age 14 or 15 who qualify for juvenile offender status under the Criminal Procedure Law 1.20(42).
To the appropriate law enforcement authorities: All students age 16 or older, and all student age 14 or 15 who qualify for juvenile offender status under Criminal Procedure Law 1.20(42).

4. Outside Service Agency

Depending upon the age of the student, the type of violation and the severity and/or chronic nature of the violation, the District may seek, or the District may suggest that the student seek, assistance from another outside community service agency.Such community service agencies may include, but are not limited to, mental health agencies and providers, probation, family court, and drug and alcohol treatment centers.

ALTERNATIVE INSTRUCTION

When 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. The Board of Education expects students, administrators, teachers and parents to make every effort to maintain student academic progress in the event of removal or suspension, and support student re-entry to the classroom at the conclusion of the disciplinary action.

DISCIPLINARY PROCEDURES, PENALTIES AND REFERRALS FOR STUDENTS WITH DISABILITIES

The Board of Education recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities who violate the District’s student Code of Conduct, and/or to temporarily remove a student with disabilities from their current placement because maintaining the student in that placement is substantially likely to result in injury to the student or to others. The Board expects that this will be a sparingly used option and staff will employ conflict resolution meetings, restitution to those harmed, and group, classroom, or community circles as appropriate for a particular student. Restorative justice practices will be considered first in dealing with disciplinary issues, as long as the student with disabilities is able to meaningfully participate in the process and such practice are allowable under their IEP.

The Board also recognizes that students with disabilities deemed eligible for special education services under the IDEA and Article 89 of New York’s Education Law enjoy certain procedural protections that school authorities must observe when they decide to suspend or remove them. Under certain conditions those protections extend, as well, to students not currently deemed to be a student with a disability but determined to be a student presumed to have a disability for discipline purposes.

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

The disciplinary procedures, penalties, and referrals outlined in Policy 5300.40 also apply to students with disabilities and students presumed to have a disability for discipline purposes, except to the extent that they are inconsistent with the procedures outlined below.

Definitions

For purposes of this portion of the Code of Conduct, and consistent with applicable law and regulations, the following definitions will apply:

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

Authority of School Personnel to Suspend or Remove Students with Disabilities

The Board, District Superintendent, Superintendent of Schools or a Building Principal with authority to suspend students under the Education Law may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed five consecutive school days.

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

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

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

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

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

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

In cases involving the suspension or removal of a student with a disability for a period of five consecutive school days or less, the student’s parents or persons in parental relation to the student will be notified of the suspension and given an opportunity for an informal conference in accordance with the same procedures that apply to such short-term suspensions of non-disabled students.
The suspension of students with disabilities for a period in excess of five school days will be subject to the same due process procedures applicable to non-disabled students, except that the student disciplinary hearing conducted by the Superintendent or a designated hearing officer shall be bifurcated into a guilt phase and a penalty phase. Upon a finding of guilt, the Superintendent or the designated hearing officer will await notification of the determination by the manifestation team as to whether the student’s behavior was a manifestation of their disability. The penalty phase of the hearing may proceed after receipt of that notification. If the manifestation team determined that the behavior was not a manifestation of the student’s disability, the student may be disciplined in the same manner as a non-disabled student, except that they will continue to receive services as set forth below. However, if the behavior was deemed a manifestation of the student’s disability, the hearing will be dismissed, unless the behavior involved weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury, in which case the student may still be placed in an IAES for up to 45 school days.

Limitation on Authority of School Personnel to Suspend or Remove Students with Disabilities

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

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

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

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

Parental Notification of a Disciplinary Change of Placement

The District will provide the parents of a student with a disability notice of any decision to make a removal that constitutes a disciplinary change of placement because of a violation of the student Code of Conduct. Such notice will be accompanied by a copy of the procedural safeguards notice.

Authority of an Impartial Hearing Officer to Remove a Student with a Disability

An impartial hearing officer may order the placement of a student with a disability to an IAES for up to 45 school days at a time if they determine that maintaining the current placement of the student is substantially likely to result in injury to the student or to others. This authority applies whether or not the student’s behavior is a manifestation of the student’s disability.

Manifestation Review

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

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

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

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

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

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

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

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

Services for Students with Disabilities during Periods of Suspension or Removal

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

During suspensions or removals of up to 10 school days in a school year that do not constitute a disciplinary change in placement, the District will provide alternative instruction to students with disabilities of compulsory attendance age on the same basis as non-disabled students. Students with disabilities who are not of compulsory attendance age will receive services during such periods of suspension or removal only to the same extent as non-disabled students of the same age would if similarly suspended.
During subsequent suspensions or removals of up to 10 school days that in the aggregate total more than 10 school days in a school year but do not constitute a disciplinary change in placement, the District will provide students with disabilities services necessary to enable them to continue to participate in the
general education curriculum and to progress toward meeting the goals set out in their respective individualized education program. School personnel, in consultation with at least one of the student’s teachers, will determine the extent to which services are needed to comply with this requirement.
In addition, during such periods of suspension or removal the District will also provide students with disabilities services necessary for them to receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications designed to address the behavior violation so that it
does not recur.
During suspensions or removals in excess of 10 school days in a school year that constitute a disciplinary change in placement, including placement in an IAES for behavior involving weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury, the District will provide students with
disabilities services necessary to enable them to continue to participate in the general curriculum, to progress toward meeting the goals set out in their respective individualized education program, and to receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and
modifications designed to address the behavior violation so it does not recur.

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

Students Presumed to Have a Disability for Discipline Purposes

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

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

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

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

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

If there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other non-disabled student who engaged in comparable behaviors. However, if the District receives a request for an individual evaluation while the student is subjected to a disciplinary removal, the District will conduct an expedited evaluation of the student in accordance with applicable law and regulations. Until the expedited evaluation is completed, the student shall remain in the educational placement determined by the District which can include suspension.

Expedited Due Process Hearings

The District will arrange for an expedited due process hearing upon receipt of or filing of a due process complaint notice for such a hearing by:

The District to obtain an order of an impartial hearing officer placing a student with a disability in an IAES where school personnel maintain that it is dangerous for the student to be in their current educational placement;
The District during the pendency of due process hearings where school personnel maintain that it is dangerous for the student to be in their current educational placement during such proceedings;
The student’s parent regarding a determination that the student’s behavior was not a manifestation of the student’s disability; or
The student’s parent relating to any decision regarding placement, including but not limited to any decision to place the student in an IAES.

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

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

Referral to Law Enforcement and Judicial Authorities

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

CORPORAL PUNISHMENT

Corporal punishment does not include the use of physical restraint to protect the student, another student, teacher or any other person from physical injury, when alternative procedures and methods not involving the use of physical restraint cannot reasonably be employed to achieve these purposes.

Physical restraint will not be used to prevent property damage, except in situations where there is imminent danger of serious physical harm to the student or others, and the student has not responded to positive, proactive intervention strategies.

The authorized use of timeout and physical restraint is addressed in policy 4321.12

The District will file with the Commissioner of Education, in accordance with Commissioner’s regulations, written semiannual reports setting forth the substance of each complaint concerning the use of corporal punishment, the result of each investigation, and the action, if any, taken by school authorities in each case.

STUDENT SEARCHES AND INTERROGATIONS

The Board of Education is committed to ensuring an atmosphere on school property and at school functions that is safe and orderly. To achieve this kind of environment, any school official authorized to impose a disciplinary penalty on a student may question a student about an alleged violation of law or the District Code of Conduct. Students are not entitled to any sort of “Miranda”-type warning before being questioned by school officials, 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.

In addition, the Board authorizes the Superintendent, administrators, the school nurse and District security officials to conduct searches of students and their belongings if the authorized school official has reasonable suspicion to believe that the search will result in evidence that the student violated the law or the District Code of Conduct.

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

An authorized school official may search a student or the student’s belongings based upon information received from a reliable informant if failure to act on the information could result in the failure of the school’s duty to protect the school environment. Individuals, other than the District employees, will be considered reliable informants if they have previously supplied information that was accurate and verified, or they make an admission against their own interest, or they provide the same information that is received independently from other sources, or they appear to be credible and the information they are communicating relates to an immediate threat to safety. District employees will be considered reliable informants unless they are known to have previously supplied information that they knew was not accurate.

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

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

A. Student Lockers, Desks and other School Storage Places

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

B. Strip Searches

A strip search is a search that requires a student to remove any or all of their clothing other than an outer coat or jacket. In general, the Board prohibits District staff from conducting strip searches of students. If, under extraordinary or emergency circumstances that give rise to an immediate and significant threat to the safety of one or more students or employees, a school official believes it is necessary to conduct a strip search of a student, the District will make a determination in consultation with the school attorney. Any strip search must be conducted by an authorized school official of the same sex as the student, in the presence of another District professional employee also of the same sex as the student. No employee may conduct a strip search of a student without the express prior permission of the Superintendent of Schools. In the absence of the Superintendent of Schools, the school attorney must be consulted in advance. The
District 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.”

C. Treatment of Cell Phones

Teachers and administrators are authorized to confiscate student cell phones that are being used in violation of the Code of Conduct and/or policy 5695, Student Use of Electronic Devices. Teachers and administrators are permitted to look at the screen of the cell phone and can request the student’s cooperation to search the cell phone further. Without a student’s permission, teachers and administrators should not undertake a more extensive search until conferring wit the Superintendent or school attorney for guidance.

D. Documentation of Searches

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

Name, age and grade of student searched.
Reasons for the search.
Name of any informant(s).
Purpose of search (that is, what item(s) were being sought).
Type and scope of search.
Person conducting search and his or her title and position.
Witnesses, if any, to the search.
Time and location of search.
Results of search (that is, what items(s) were found).
Disposition of items found.
Time, manner and results of parental notification.

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

E. Police Involvement in Searches and Interrogations of Students

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 an investigation involving students only if they have:

A search or an arrest warrant; or
Probable cause to believe a crime has been committed on school property or at a school function

Before police officials are permitted to question or search any student, the building principal or his or 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, unless the police officials suspect that a crime has been committed on school property. 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.

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.

VISITORS TO SCHOOLS

The Board recognizes that the success of the school program depends, in part, on support by the larger community. The Board wishes to foster a positive climate where members of the community have the opportunity to observe the hard work and accomplishments of the student, teachers and other staff. Since schools are a place of work and learning, however, certain limits must be set for such visits. The Principal or his or her designee is responsible for all persons in the building and on the grounds. For these reasons, the following rules apply to visitors to the schools:

Anyone who is not a regular staff member or student of the school will be considered a visitor.
All visitors to the school must enter through the designated single point of entry and register immediately upon arrival at the school. Prior to entering the school, all visitors will press the admittance request button, state their name, state a valid reason for visiting the building, and will show an ID in the camera. After being admitted into the building, they will be required to present photo identification, sign the visitor’s register and will be issued a visitor’s identification badge, which must be worn at all times while in the school or on school grounds. The visitor must return the identification badge before leaving the building.
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.
Parents or citizens who wish to observe a classroom or school activity while school is in session are required to arrange such visits in advance with the classroom teacher(s) and Building Principal, so that class disruption is kept to a minimum.
Teachers are expected not to take class time to discuss individual matters with visitors.
Any unauthorized person on school property will be reported to the Principal or his or her designee. Unauthorized persons will be asked to leave. The police may be called if the situation warrants.
All visitors are expected to abide by the rules for public conduct on school property contained in this Code of Conduct.

PUBLIC CONDUCT ON SCHOOL PROPERTY

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

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

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

A. Prohibited Conduct

No person, either alone or with others, shall engage in the following while on or in school property or at a school function:

Intentionally injure any person or threaten to do so.
Intentionally damage or destroy school district property or the personal property of a teacher, administrator, other District employee or any person lawfully on school property, including graffiti or arson.
Disrupt the orderly conduct of classes, school programs or other school activities.
Distribute or wear materials on school grounds or at school functions that are obscene, advocate illegal action, appear libelous, obstruct the rights of others, or are disruptive to the school program.
Intimidate, harass or discriminate against any person on the basis of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), creed, color, weight, national origin, ethnic group, religion, religious practice, disability, sex,
sexual orientation, or gender (including gender identity and expression).
Enter any portion of the school premises without authorization or remain in any building or facility after it is normally closed.
Obstruct the free movement of any person in any place to which this Code applies.
Violate the traffic laws, parking regulations or other restrictions on vehicles.
Possess, consume, sell, offer, manufacture, distribute or exchange alcoholic beverages, controlled or illegal substances or any synthetic versions (whether or not specifically illegal or labeled for human consumption), or be under the influence of either on school property or at a school function.
Possess or use weapons, except in the case of law enforcement officers or except as specifically authorized by the school district.
Loiter on or about school property.
Gamble on school property or at school functions.
Refuse to comply with any reasonable order of identifiable school district officials performing their duties.
Willfully incite others to commit any of the acts prohibited by this Code.
Violate any federal or state statute, local ordinance or Board policy while on school property or while at a school function.
Smoke a cigarette, cigar, pipe, electronic cigarette (i.e., vape), or use chewing or smokeless tobacco, or smoke/vape/ingest cannabis or concentrated cannabis (includes cannabis products) or smoking cannabinoid help. In the event a visitor requires an accommodation for the use of medical marijuana, please contact the building administrator.
Harass District staff, students, or other visitors.

B. Penalties

Persons who violate this Code shall be subject to the following penalties:

1. Visitors

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

2. Students

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

3. Tenured faculty members

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

4. Staff members in the classified service of the civil service entitled to the protection of Civil Service Law § 75

They shall be subject to immediate ejection and to disciplinary action as the facts may warrant in accordance with Civil Service Law § 75 or any other legal rights that they may have.

5. Staff members other than those described in subdivisions 3 and 4.

They shall be subject to warning, reprimand, suspension or dismissal as the facts may warrant in accordance with any legal rights they may have.

C. Enforcement

The purpose of this Code of Conduct is to maintain public order and prevent abuse of the rights of others. The Principal or his/her designee shall be responsible for enforcing the conduct required by this Code.

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

The District shall initiate disciplinary action against any student or staff member, as appropriate, with the “Penalties” section above. In addition, the District reserves its right to pursue a civil or criminal legal action against any person violating the Code.

DISSEMINATION AND REVIEW

A. Dissemination of Code of Conduct

The Board will work to ensure that the community, faculty, students, staff, and parents are aware of this Code of Conduct by:

Providing copies (either in paper or electronic form) of an age-appropriate, written in plain language, summary of the Code to all students at an assembly to be held at the beginning of each school year.
Providing copies (either in paper or electronic form) a plain language summary to all parents before the beginning of each school year, and thereafter on request.
Posting the complete Code of Conduct on the District’s website.
Providing all current teachers and other staff members with a copy (either in paper or electronic form) of the Code and a copy of any amendments to the Code as soon as practicable after adoption.
Providing all new employees with a copy (either in paper or electronic form) of the current Code of Conduct when they are first hired.
Making copies of the complete Code available for review by students, parents and other community members.

The Board will sponsor an in-service education program for all District staff members to ensure the effective implementation of the Code of Conduct. The Superintendent may solicit the recommendations of the District staff, particularly teachers and administrators, regarding in-service programs pertaining to the management and discipline of students. On-going professional development will be included in the District’s professional development plan, as needed.

B. Review of Code of Conduct

The Board will review this Code of Conduct every year and update it as necessary. In conducting the review, the Board will consider how effective the Code’s provisions have been and whether the Code has been applied fairly and consistently.

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 student, teacher, administrator, and parent organizations, school safety personnel and other school personnel.

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. The Code of Conduct and any amendments to it will be filed with the Commissioner of Education, in a manner prescribed by the Commissioner, no later than 30 days after adoption.

Revised Dec. 14, 2021