JEFFERSON CENTRAL SCHOOL
CODE OF
CONDUCT
JEFFERSON CENTRAL SCHOOL BOARD OF
EDUCATION
1st Reading:
June 19,
2001
2nd Reading and
Adoption: July 10,
2001
TABLE OF CONTENTS -
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5300
Subsection 5300.01
CODE OF CONDUCT
5300.01
Introduction
Over the last year the New York
State Legislature passed legislation that outlined for all school districts
in New York State a very specific code of conduct for students, visitors,
and employees of school districts. Please take the time to review these new
rules and regulations with your children. If you have any questions
regarding this JEFFERSON CENTRAL SCHOOL Board of Education adopted code,
please call the Superintendent of Schools at 652-7821
The purpose of this code of
conduct is to comply with the S.A.V.E. Legislation (Ed Law 2801) and Section
100.2(1) of the commissioners regulations. It is also intended to
communicate the common good of our school community to assure a safe and
respectful environment for our students and staff.
The Jefferson Central School
Board of Education is committed to providing a safe and orderly school
environment where students may receive and district personnel may deliver
quality educational services without disruption or interference. Responsible
behavior by students, teachers, other district personnel, parents and other
visitors is essential to achieving this goal.
The 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 range of consequences of unacceptable
conduct, and to ensure that discipline, when necessary, is administered
promptly and fairly. To this end, the Board adopts this code of conduct
("code").
Unless otherwise indicated,
this code applies to all students, school personnel, parents and other
visitors when on school property or attending a school function.
Copies of the code are
available for review by all employees, students, parents, and other
community members on the school website, main office, library and staff
room. A hard copy is available upon request. The code will be reviewed by
the Superintendent with all 7-12 grade students the first day of school in a
general assembly to review and clarify any questions students may have
regarding the code.
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5300
Subsection 5300.05
CODE OF CONDUCT
5300.05
Definitions
For purposes of this code, the
following definitions apply.
"Disruptive student" means an
elementary or secondary student under the age of 21 who is substantially
disruptive of the educational process or substantially interferes with the
teacher's authority over the classroom.
(§3214(2-a)(b).
"Parent" means parent,
guardian or person in parental relation to a student.
"School property" [§2801(1)]
means in or within any building, structure, athletic playing field,
playground, parking lot or land contained within the real property boundary
line of a public elementary or secondary school, or in or on a school bus,
as defined in Vehicle and Traffic Law §142.
"School function" means any
school-sponsored extra-curricular event or activity. [§2801(1)]
"Violent student"
[§3214(2-a)(a)]
means a student under the age of 21 who:
1. Commits an act or
attempts to commit an act of violence upon a school employee.
2. Commits or attempts
to commit, 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.
3. Possess or attempts
to possess, while on school property or at a school function, a weapon.
4. Displays or
attempts to display, while on school property or at a school function, what
appears to be a weapon.
5. Threatens or
attempts to threaten, while on school property or at a school function, to
use a weapon.
6. Knowingly and
intentionally damages or destroys or attempts to damage or destroy 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 or attempts to damage or destroy 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, except...[for] a pocket knife
with a blade of less than 2 1/2 inches in length."
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5300
Subsection 5300.10
CODE OF CONDUCT
5300.10
Student Rights and Responsibilities
A. Student Rights
The district is committed to
safeguarding the rights given to all students under state and federal law.
In addition, to promote a safe, healthy, orderly and civil school
environment, all district students have the right to:
1. Take part in all
district activities on an equal basis regardless of race, color, creed,
national origin, religion, gender, sexual orientation or disability.
2. Present their
version of the relevant events to school personnel authorized to impose a
disciplinary penalty in connection with the imposition of the penalty.
3. Access school rules
and, when necessary, receive an explanation of those rules from school
personnel.
B. Student
Responsibilities
All
district students have the responsibility to:
1. Contribute to
maintaining a safe and orderly school environment that is conducive to
learning and to show respect to other persons and to property.
2. Be familiar with and
abide by all district policies, rules and regulations dealing with student
conduct.
3. Attend school every
day unless they are legally excused and be in class, on time, and prepared
to learn.
4. Work to the best of
their ability in all academic and extracurricular pursuits and strive toward
their highest level of achievement possible.
5. React to direction
given by teachers, administrators and other school personnel in a
respectful, positive manner.
6. Work to develop
mechanisms to control their anger.
7. Ask questions when
they do not understand.
8. Seek help in
solving problems before they lead to discipline.
9. Dress appropriately
for school and school functions.
10. Accept responsibility for their actions.
11. 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.
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5300
Subsection 5300.15
CODE OF CONDUCT
5300.15
Essential Partners
A. Parents
All parents are expected to:
1. Recognize that the education of their child(ren)
is a joint responsibility of the parents and the school community.
2. Send their children to school ready to participate and learn.
3. Ensure their
children attend school regularly and on time.
4. Ensure absences are
excused.
5. Insist their children be dressed and groomed in a manner consistent
with the student dress code.
6. Help their children understand that in a democratic society
appropriate rules are required to maintain a safe, orderly environment.
7. Know school rules
and help their children understand them.
8. Convey to their
children a supportive attitude toward education and the district.
9. Build good
relationships with teachers, other parents and their children's friends.
10. Help their children
deal effectively with peer pressure.
11. Inform school
officials of changes in the home situation that may affect student conduct
or performance.
12. Provide a place for
study and ensure homework assignments are completed.
B. Teachers and
Other Employed District Personnel
All district employees are
expected to:
1. Maintain a climate
of mutual respect and dignity, which will strengthen students' self-concept
and promote confidence to learn.
2. Be prepared to
teach.
3. Demonstrate
interest in teaching and concern for student achievement.
4. Know school
policies and rules, and enforce them in a fair and consistent manner.
5. Communicate to
students and parents:
a. Course objectives
and requirements
b. Marking/grading
procedures
c. Assignment
deadlines
d.
Expectations for students
e. Classroom
discipline plan.
6. Communicate
regularly with students, parents and other teachers concerning growth and
achievement.
C. Guidance Counselors
1.
Assist students in coping with peer pressure and emerging personal,
social and emotional problems.
5300
Subsection 5300.15
2. Initiate
teacher/student/counselor conferences and parent/teacher/student/counselor
conferences, as necessary, as a way to resolve problems.
3. Regularly review
with students their educational progress and career plans.
4. Provide information
to assist students with career planning.
5. Encourage students
to benefit from the curriculum and extracurricular programs.
D. Principals
1. Promote a safe,
orderly and stimulating school environment, supporting active teaching and
learning.
2. Ensure that
students and staff have the opportunity to communicate regularly with the
Principal and approach the Principal for redress of grievances.
3. Evaluate on a regular basis all instructional programs.
4. Support the
development of and student participation in appropriate extracurricular
activities.
5. Be responsible for
enforcing the code of conduct and ensuring that all cases are resolved
promptly and fairly.
E. Superintendent
1. Promote a safe,
orderly and stimulating school environment, supporting active teaching and
learning.
2. Review with
district administrators the policies of the Board of education and state and
federal laws relating to school operations and management.
3. Inform the Board
about educational trends relating to student discipline.
4. Work to create
instructional programs that minimize problems of misconduct and are
sensitive to student and teacher needs.
5. Work with district
administrators in enforcing the code of conduct and ensuring that all cases
are resolved promptly and fairly.
F. Board of
Education
1. Collaborate with
student, teacher, administrator, and parent organizations, school safety
personnel and other school personnel to develop a code of conduct that
clearly defines expectations for the conduct of students, district personnel
and visitors on school property and at school functions.
2. Adopt and
review at least annually the district's code of conduct to evaluate the
code's effectiveness and the fairness and consistency of its implementation.
3.
Lead by example by conducting Board meetings in a professional,
respectful, courteous manner.
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5300
Subsection 5300.20
CODE OF CONDUCT
5300.20
Student Dress Code
All students are expected to
give proper attention to personal cleanliness and to dress appropriately for
school and school functions. Students and their parents have the primary
responsibility for acceptable student dress and appearance. Teachers and
all other district personnel should exemplify and reinforce acceptable
student dress and help students develop an understanding of appropriate
appearance in the school setting.
A student's dress, grooming
and appearance, including hair style/color, jewelry, make-up, and clothing,
shall:
1. Be safe,
appropriate and not disrupt or interfere with the educational process.
2. Recognize that
extremely brief garments (such as tube tops, net tops, halter tops,
spaghetti straps, plunging necklines [front and/or back] and see-through
garments, mini-skirts, and bare and midriff apparel) are not appropriate
school attire.
3. Ensure that
underwear is completely covered with outer clothing.
4. Include footwear at
all times. Footwear that is a safety hazard will not be allowed.
5. Not include the
wearing of hats in the school except for a documented medical or religious
purpose.
6. Not include items
that are vulgar, obscene, libelous, or denigrate others on account of race,
color, religion, creed, national origin, gender, sexual orientation or
disability.
7. Not promote and/or
endorse the use of alcohol, tobacco or illegal drugs and/or encourage other
illegal or violent activities.
Each Building Principal or
his/her designee shall be responsible for informing all students and their
parents of the student dress code at the beginning of the school year and
any revisions to the dress code made during the school year.
Students who violate the
student dress code shall be required to modify their appearance by covering
or removing the offending item, and if necessary or practical, replacing it
with an acceptable item. Any student who refuses to do so shall be subject
to discipline, up to and including in-school suspension for the day. Any
student who repeatedly fails to comply with the dress code shall be subject
to further discipline, up to and including out of school suspension.
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5300
Subsection 5300.25
CODE OF CONDUCT
5300.25
Prohibited Student Conduct
The Jefferson Central School
Board of Education expects all students to conduct themselves in an
appropriate and civil manner, with proper regard for the rights and welfare
of other students, district personnel and other members of the school
community, and for the care of school facilities and equipment.
The best discipline is
self-imposed, 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 the
students' ability to grow in self-discipline.
The Board recognizes the need
to make its expectations for student conduct while on school property or
engaged in a school function specific and clear. The rules of conduct listed
below are intended to do that and focus on safety and respect for the rights
and property of others. Students who will not accept responsibility for
their own behavior and who violate these school rules will be required to
accept the penalties for their conduct.
Students may be subject to
disciplinary action, up to and including suspension from school, when they:
A. Engage in conduct
that is disorderly. Examples of disorderly conduct include:
1. Running in
hallways.
2. Making unreasonable
noise.
3. Using language or
gestures that are profane, lewd, vulgar or abusive.
4. Obstructing
vehicular or pedestrian traffic.
5. Engaging in any
willful act which disrupts the normal operation of the school community.
6. 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.
7. 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:
1. Failing to comply
with the reasonable directions of teachers, school administrators or other
school employees in charge of students or otherwise demonstrating
disrespect.
2. Lateness for,
missing or leaving school without permission.
3. Skipping detention.
C. Engage in conduct that is disruptive. Examples of disruptive conduct
include:
5300
Subsection 5300.25
1. Failing to comply
with the reasonable directions of teachers, school administrators or other
school personnel in charge of students.
D. Engage in conduct
that is violent. Examples of violent conduct include:
1. Committing or attempting to commit an act of violence (such as
hitting, kicking, punching, and scratching) upon a teacher, administrator or
other school employee.
2. Committing or
attempting to commit an act of violence (such as hitting, kicking, punching,
and scratching) upon another student or any other person lawfully on school
property.
3.
Possessing or attempting to possess 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.
4. Displaying or
attempting to display what appears to be a weapon.
5. Threatening or
attempting to threaten to use any weapon.
6. Intentionally
damaging or destroying or attempting to damage or destroy the personal
property of a student, teacher, administrator, other district employee or
any person lawfully on school property, including graffiti or arson.
7. Intentionally
damaging or destroying or attempting to damage or destroy school district
property.
E. Engage in any
conduct that endangers the safety, morals, health or welfare of others.
Examples of such conduct include:
1. Lying to school
personnel.
2. Stealing the property of other students, school personnel or any
other person lawfully on school property or attending a school function.
3. Defamation, which includes making false or unprivileged statements or
representations about an individual or identifiable group of individuals
that harm the reputation of the person or the identifiable group by
demeaning them.
4. Discrimination, which includes the use of race, color, creed,
national origin, religion, gender, sexual orientation or disability as a
basis for treating another in a negative manner.
5. Harassment, which includes a sufficiently severe action or persistent
pervasive pattern of actions or statements directed at an identifiable
individual or group which are intended to be, or which a reasonable person
would perceive as ridiculing or demeaning.
6. Intimidation or bullying, which includes engaging in actions or
statements that put an individual in fear of bodily harm.
7. Hazing, which includes any intentional or reckless act directed
against another for the purpose of initiation into, affiliating with or
maintaining membership in any school sponsored activity, organization, club
or team.
8. Selling, using or possessing obscene material.
9.
Using vulgar or abusive language, cursing or swearing.
10.
Smoking a cigarette, cigar, pipe or using chewing or smokeless
tobacco.
5300
Subsection 5300.25
11. Possessing, consuming, selling, distributing or exchanging alcoholic
beverages or illegal substances, or being under the influence of either.
"Illegal substances" include, but are not limited to, inhalants, marijuana,
cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, and any
substances commonly referred to as "designer drugs."
12. Inappropriately using or sharing prescription and over-the-counter
drugs.
13. Gambling.
14. Indecent exposure, that is, exposure to sight of the private parts of
the body in a lewd or indecent manner.
15. Initiating a report warning of fire or other catastrophe without
valid cause, misuse of 911, or discharging a fire extinguisher.
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:
1. Plagiarism.
2. Cheating.
3. Copying.
4. Altering records.
5. Assisting another student in any of the above actions.
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5300
Subsection 5300.30
CODE OF CONDUCT
5300.30
Reporting Violations
All students are
expected to promptly report violations of the code of conduct to a teacher,
guidance counselor, principal, superintendent or his or her designee. Any
student observing a student possessing a weapon, alcohol or illegal
substance on school property or at a school function shall report this
information immediately to a teacher, the Principal, the Guidance counselor,
or the Superintendent of Schools.
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, which may include permanent suspension
and referral for prosecution.
The Superintendent or
his/her designee must notify the appropriate local law enforcement agency of
those code violations that constitute a crime and substantially affect the
order or security of a school as soon as practical, but in no event later
than the close of business the day the Principal or his/her designee learns
of the violation. The notification may be made by telephone, followed by a
letter mailed on same day as the telephone call is made. The notification
must identify the student and explain the conduct that violated the code of
conduct and constituted a crime.
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5300
Subsection 5300.35
CODE OF CONDUCT
5300.35
Disciplinary Penalties, Procedures and
Referrals
Discipline is most effective when
it deals directly with the problem at the time and place it occurs, and in a
way that students view as fair and impartial. School personnel who interact
with students are expected to use disciplinary action only when necessary
and to place emphasis on the students' ability to grow in self-discipline.
Disciplinary action, when
necessary, will be firm, fair and consistent so as to be the most effective
in changing student behavior. In determining the appropriate disciplinary
action, school personnel authorized to impose disciplinary penalties will
consider the following:
1. The student's age.
2. The nature of the
offense and the circumstances which led to the offense.
3. The student's prior
disciplinary record.
4. The effectiveness
of other forms of discipline.
5. Information from
parents, teachers and/or others, as appropriate.
6. Other extenuating
circumstances.
As a general rule, discipline
will be progressive. This means that a student's first violation will
usually merit a lighter penalty than subsequent violations unless the
violation is substantial in nature.
If the conduct of a student is
related to a disability or suspected disability, the student shall be
referred to the Committee on Special Education and discipline, if warranted,
shall be administered consistent with the separate requirements of this code
of conduct for disciplining students with a disability or presumed to have a
disability. A student identified as having a disability shall not be
disciplined for behavior related to his/her disability as determined by a
review of the CSE.
A. Penalties
Students who are found to have
violated the district's code of conduct may be subject to the following
penalties, either alone or in combination. The school personnel identified
after each penalty are authorized to impose that penalty, consistent with
the student's right to due process.
1. Oral warning – any
member of the district staff
2. Written warning – bus drivers, hall and lunch monitors, coaches,
guidance counselors, teachers, Principal, Superintendent
3. Written
notification to parent – bus driver, hall and lunch monitors, coaches,
guidance counselors, teachers, Principal, Superintendent
4. Detention –
teachers, Principal, Superintendent
5. Suspension from
transportation – Director of Transportation, Principal, Superintendent
6. Suspension from
athletic participation – coaches, Athletic Director, Principal,
Superintendent
7. Suspension from
social or extracurricular activities – activity director, Principal,
Superintendent
8. Suspension of other
privileges – Principal, Superintendent
5300
Subsection 5300.35
9. In-school
suspension – Principal, Superintendent
10. Removal from
classroom by teacher – teachers, Principal, Superintendent
11. Short-term (five
days or less) suspension from school – Principal, Superintendent, Board
12. Long-term (more than
five days) suspension from school – Principal, Superintendent, Board
13. Permanent suspension
from school – Superintendent, Board.
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 penalty in connection with the imposition of the
penalty.
Students who are to be given
penalties other than an oral warning, written warning or written
notification to their parents are entitled to additional rights before the
penalty is imposed. These additional rights are explained below.
1. Detention
Teachers may
impose supervised lunch detention. Principals and the Superintendent may use
lunch detention or 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. Written form sent home with student.
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 Principal's attention. Students who become a serious
disciplinary problem may have their riding privileges suspended by the
Principal or the Superintendent or their designees. Bus drivers are
responsible for parental notification.
In such cases, the student's
parent will become responsible for seeing that his or her child gets to and
from school safely. Should the suspension from transportation amount to a
suspension from attendance, the district will make appropriate arrangements
to provide for the student's education.
A student subjected
to a suspension from transportation is not entitled to a full hearing
pursuant to Education Law §3214. However, the student and the student's
parent will be provided with a reasonable opportunity for an informal
conference with the Principal, Superintendent or the Superintendent’s
designee to discuss the conduct and the penalty involved.
3. Suspension from
athletic participation, extra-curricular activities and other privileges
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Subsection 5300.35
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 at their
request.
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 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 supervisor 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 at their request.
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) short-term "time out" in an
elementary classroom or in an administrator's office; (2) sending a student
into the hallway briefly; (3) sending a student to the Principal's office
for the remainder of the class time only; or (4) sending a student to a
guidance counselor or other district staff member for counseling.
Time-honored classroom management techniques such as these do not constitute
disciplinary removals for purposes of this code.
On occasion, a
student's behavior may become disruptive. For purposes of this code of
conduct, a disruptive student is a student who is substantially disruptive
of the educational process or substantially interferes with the teacher's
authority over the classroom. A substantial disruption of the educational
process or substantial interference with a teacher's authority occurs when a
student demonstrates a persistent unwillingness to comply with the teacher's
instructions or repeatedly violates the teacher's classroom behavior rules.
Prior to a teacher
removing a student, the Superintendent, Principal or Guidance Counselor
should be called to the room for consult purpose. A classroom teacher after
verbal warning to the student may remove a disruptive student from class for
one day. The removal from class applies to the class of the removing
teacher only.
If the disruptive
student does not pose a danger or ongoing threat of disruption to the
academic process, the teacher must provide the student with
5300
Subsection 5300.35
an explanation for why he or she
is being removed and an opportunity to explain his or her version of the
relevant events before the student is removed. Only after the informal
discussion may a teacher remove a student from class.
If the student poses
a danger or ongoing threat of disruption, the teacher may order the student
to be removed immediately. The teacher must, however, explain to the
student why he or she was removed from the classroom and give the student a
chance to present his or her version of the relevant events within 24-hours.
The teacher must
complete a district-established disciplinary removal form and meet with the
Principal or his or her designee as soon as possible, but no later than the
end of the school day, to explain the circumstances of the removal and to
present the removal form. If the Principal or designee is not available by
the end of the same school day, the teacher must leave the form with the
secretary and meet with the Principal or designee prior to the beginning of
classes on the next school day.
Within 24 hours after the
student's removal, the Principal or another district administrator
designated by the Principal must notify the student's parent, in writing,
that the student has been removed from class and why. The notice must also
inform the parent that he or she has the right, upon request, to meet
informally with the Principal or the Principal's designee to discuss the
reasons for the removal. The teacher will be requested to attend this
meeting.
The written notice
must be provided by personal delivery, express mail delivery, or some other
means that is reasonably calculated to assure receipt of the notice within
24 hours of the student's removal at the last known address for the parent.
Where possible, notice should also be provided by telephone if the school
has been provided with a telephone number(s) for the purpose of contacting
parents.
The Principal may
require the teacher who ordered the removal to attend the informal
conference.
If at the informal
meeting the student denies the charges, the Principal or the Principal's
designee must explain why the student was removed and give the student and
the student's parents 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 Superintendent or the
Superintendent's designee may overturn the removal of the student from class
if the Superintendent finds any one of the following:
1. The charges against the student are not supported by substantial
evidence.
2. The student's removal is otherwise in violation of law, including the
district’s code of conduct.
3. The conduct warrants suspension from school pursuant to Education Law
§3214 and a suspension will be imposed.
The Principal
or his/her designee may overturn a removal at any point between receiving
the referral form issued by the teacher and the close of business on the day
following the 48-hour period for the informal conference, if a conference is
requested. No student removed from the classroom by the
5300
Subsection 5300.35
classroom teacher will be
permitted to return to the classroom until the Principal makes a final
determination, or the period of removal expires, whichever is less.
Any disruptive student removed
from the classroom by the classroom
teacher shall be offered
continued educational programming and activities until he or she is
permitted to return to the classroom.
Each teacher must
keep a complete log (Discipline Referral form) for all cases of removal of
students from his/her class. The Superintendent must keep a log of all
removals of students from class.
Removal of a
student with a disability, under certain circumstances, may constitute a
change in the student's placement. Accordingly, no teacher may remove a
student with a disability from his or her class until he or she has verified
with the Superintendent, 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
Suspension from school is a
severe penalty, which may be imposed only upon students who are
insubordinate, disorderly, violent or disruptive, or whose conduct otherwise
endangers the safety, morals, health or welfare of others.
The Board retains its
authority to suspend students, but places primary responsibility for the
suspension of students with the Superintendent.
Any staff member may
recommend to the Superintendent that a student be suspended. All staff
members must immediately report and refer a violent student to the
Superintendent or Principal 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,
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.
a.
Short term (five days or less) Suspension from School
When the Superintendent
(referred to as the "suspending authority") proposes to suspend a student
charged with misconduct for five days or less pursuant to Education Law
§3214(3), the suspending authority must immediately notify the student
orally. If the student denies the misconduct, the suspending authority must
provide an explanation of the basis for the proposed suspension. The
suspending authority must also notify the student's parents in writing that
the student may be suspended from school. The written notice must be
provided by personal delivery, express mail delivery, or some other means
that is reasonably calculated to assure receipt of the notice within 24
hours of the decision to propose suspension at the last known address for
the parents. Where possible, notice should also be provided by telephone if
the school has been provided with a telephone number(s) for the purpose of
contacting the parents.
5300
Subsection 5300.35
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 Superintendent. 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 Superintendent 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
Superintendent shall promptly advise the parents in writing of his or her
decision. The Principal shall advise the parents that if they are not
satisfied with the decision and wish to pursue the matter, they must file a
written appeal to the Superintendent within five business days, unless they
can show extraordinary circumstances precluding them from doing so. The
Superintendent shall issue a written decision regarding the appeal within 10
business days of receiving the appeal. If the parents are not satisfied
with the Superintendent’s decision, they must file a written appeal to the
Board of education with the District Clerk within 10 business days of the
date of the Superintendent's decision, unless they can show extraordinary
circumstances precluding them from doing so. Only final decisions of the
Board may be appealed to the Commissioner of Education within 30 days of the
decision.
b. Long term (more than five days) Suspension from School
When the Superintendent
determines that a suspension for more than five days may be warranted, he or
she shall give reasonable notice to the student and the student's parents of
their right to a fair hearing. At the hearing the student shall have the
right to be represented by counsel, the right to question witnesses against
him or her and the right to present witnesses and other evidence on his or
her behalf.
The Superintendent shall
personally hear and determine the proceeding or may, in his or her
discretion, designate a hearing officer to conduct the hearing. The hearing
officer shall be authorized to administer oaths and to issue subpoenas in
conjunction with the proceeding before him or her. A record of the hearing
shall be maintained, but no stenographic transcript shall be required. A
tape recording shall be deemed a satisfactory record. The hearing officer
shall make findings of fact and recommendations as to the appropriate
measure of discipline to the
Superintendent. The report of the hearing officer shall be advisory only,
and the Superintendent may accept all or any part thereof.
An appeal of the decision of
the Superintendent may be made to the Board that will make its decision
based solely upon the record before it. All appeals to the Board must be in
writing and submitted to the district clerk within 10 business days of the
date of the Superintendent's decision, unless the parents can show that
extraordinary circumstances precluded them from doing so. The Board may
adopt in whole or in part the decision of the Superintendent. Final
decisions of the Board may be appealed to the Commissioner of Education
within 30 days of the decision.
5300
Subsection 5300.35
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.
C. Minimum Periods
of Suspension
1. Students who bring
a weapon to school
Any student, other than a
student with a disability, found guilty of bringing a weapon onto school
property will be subject to suspension from school for at least one calendar
year. Before being suspended, the student will have an opportunity for a
hearing pursuant to Education Law §3214. The Superintendent has the
authority to modify the one-year suspension on a case-by-case basis. In
deciding whether to modify the penalty, the Superintendent may consider the
following:
1. The student's age.
2. The student's grade
in school.
3. The student's prior
disciplinary record.
4. The
Superintendent's belief that other forms of discipline may be more
effective.
5. Input from parents,
teachers and/or others.
6. Other extenuating
circumstances.
A student with a disability
may be suspended only in accordance with the requirements of state and
federal law.
2. Students who commit
violent acts other than bringing a weapon to school
Any student, other
than a student with a disability, who is found to have committed a violent
act, other than bringing a weapon onto school property, shall be subject to
suspension from school for at least five days. If the proposed penalty is
the minimum five-day suspension, the student and the student's parent will
be given the same notice and opportunity for an informal conference
given to all students subject to
a short-term suspension. If the proposed penalty exceeds the minimum
five-day suspension, the student and the student's parent will be given the
same notice and opportunity for a hearing given to all students subject to a
long-term suspension. The Superintendent has the authority to modify the
minimum five-day suspension on a case-by-case basis. In deciding
whether to modify the penalty,
the Superintendent may consider the same factors considered in modifying a
one-year suspension for possessing a weapon.
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, other
than a student with a disability, who repeatedly is substantially disruptive
of the educational process or substantially interferes with the teacher’s
authority over the classroom will be suspended from school for at least five
days. For purposes of this code of conduct, “repeatedly is substantially
disruptive” means engaging in conduct that results in the student
5300
Subsection 5300.35
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:
a. Being habitually truant and not attending school as required by part
one of Article 65 of the Education Law.
b.
Engaging in an ongoing or continual course of conduct which makes the
student ungovernable or habitually disobedient and beyond the lawful control
of the school.
c. Knowingly and unlawfully possesses illegal drugs in violation of
Penal Law §221.05. A single violation of §221.05 will be a sufficient basis
for filing a PINS petition.
3.
Juvenile Delinquents and Juvenile Offenders
The Superintendent is required
to refer the following students to the County Attorney for a juvenile
delinquency proceeding before the Family Court:
a. Any student under the age of 16 who is found to have brought a weapon
to school, or
b. Any student 14 or
15 years old who qualifies for juvenile offender status under the Criminal
Procedure Law §1.20 (42).
The Superintendent is required
to refer students age 16 and older or any student 14 or 15 years old who
qualifies for juvenile offender status to the appropriate law enforcement
authorities.
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5300
Subsection 5300.40
CODE OF CONDUCT
5300.40
Alternative Instruction
When a student of any age is
removed from class by a teacher or a student of compulsory attendance age is
suspended from school pursuant to Education Law §3214, the district will
take immediate steps to provide alternative means of instruction for the
student.
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5300
Subsection 5300.45
CODE OF CONDUCT
5300.45
Discipline
of Students with Disabilities
The Jefferson
Central School Board recognizes that it may be necessary to suspend, remove
or otherwise discipline students with disabilities to address disruptive or
problem behavior. The Board also recognizes that students with disabilities
enjoy certain procedural protections whenever school authorities intend to
impose discipline upon them. The Board is committed to ensuring that the
procedures followed for suspending, removing or otherwise disciplining
students with disabilities are consistent with the procedural safeguards
required by applicable laws and regulations.
This code of conduct affords
students with disabilities subject to disciplinary action no greater or
lesser rights than those expressly afforded by applicable federal and state
law and regulations.
A. Authorized
Suspensions or Removals of Students with Disabilities
1. For purposes of
this section of the code of conduct, the following definitions apply.
A "suspension" means
a suspension pursuant to Education Law § 3214.
A "removal" means a
removal for disciplinary reasons from the student's current educational
placement other than a suspension and change in placement to an interim
alternative educational setting (IAES) ordered by an impartial hearing
officer because the student poses a risk of harm to himself/herself or
others.
An "IAES" means a
temporary educational placement for a period of up to 45 days, other than
the student's current placement at the time the behavior precipitating the
IAES placement occurred, that enables the student to continue to progress in
the general curriculum, although in another setting, to continue to receive
those services and modifications, including those described on the student's
current individualized education program (IEP), that will enable the student
to meet the goals set out in such IEP, and include services and
modifications to address the behavior which precipitated the IAES placement
that are designed to prevent the behavior from recurring.
2. School personnel
may order the suspension or removal of a student with a disability from his
or her current educational placement as follows:
a. The Board, the district (BOCES) Superintendent of Schools or a
Principal may order the placement of a student with a disability into an
IAES, another setting or suspension for a period not to exceed five
consecutive school days and not to exceed the amount of time a non-disabled
student would be subject to suspension for the same behavior.
b. The Superintendent may order the placement of a student with a
disability into an IAES, another setting or suspension for up to 10
consecutive school days, inclusive
of any period in which the
student has been suspended or
5300
Subsection 5300.45
removed under subparagraph (a)
above for the same behavior, if the Superintendent determines that the
student has engaged in behavior that warrants a suspension and the
suspension or removal does not exceed the amount of time non-disabled
students would be subject to suspension for the same behavior.
c. The Superintendent
may order additional suspensions of not more than 10 consecutive school days
in the same school year for separate incidents of misconduct, as long as
those removals do not constitute a change of placement.
d. The Superintendent
may order the placement of a student with a disability in an IAES to be
determined by the committee on special education (CSE), for the same amount
of time that a student without a disability would be subject to discipline,
but not more than 45 days, if the student carries or possesses a weapon to
school or to a school function, or the student knowingly possesses or uses
illegal drugs or sells or solicits the sale of a controlled substance while
at school or a school function.
(1) "Weapon" means the
same as "dangerous weapon" under 18 U.S.C. § 930(g)(w) which includes "a
weapon, device, instrument, material or substance, animate or inanimate,
that is used for, or is readily capable of causing death or serious bodily
injury, except...[for] a pocket knife with a blade of less than 2 1/2 inches
in length."
(2) "Controlled
substance" means a drug or other substance identified in certain provisions
of the federal Controlled Substances Act specified in both federal and state
law and regulations applicable to this policy.
(3) "Illegal drugs"
means a controlled substance except for those legally possessed or used
under the supervision of a licensed health-care professional or that is
legally possessed or used under any other authority under the Controlled
Substances Act or any other federal law.
3. Subject to
specified conditions required by both federal and state law and regulations,
an impartial hearing officer may order the placement of a student with a
disability in an IAES setting for up to 45 days at a time, if maintaining
the student in his or her current educational placement poses a risk of harm
to the student or others.
B. Change of
Placement Rule
1. A
disciplinary change in placement means a suspension or removal from a
student's current educational placement that is either:
a. For more than 10
consecutive school days; or
b.
For a period of 10 consecutive school days or less if the student is
subjected to a series of suspensions or removals that constitute a pattern
because they cumulate to more than 10 school days in a school year and
because of such factors as the length of each suspension or removal, the
5300
Subsection 5300.45
total amount of time the
student is removed and the proximity of the suspensions or removals to one
another.
2. School personnel may not suspend or remove a student with
disabilities if imposition of the suspension or removal would result in a
disciplinary change in placement based on a pattern of suspension or
removal.
However, the district
may impose a suspension or removal, which would otherwise result in a
disciplinary change in placement, based on a pattern of suspensions or
removals if the CSE has determined that the behavior was not a manifestation
of the student's disability, or the student is placed in an IAES for
behavior involving weapons, illegal drugs or controlled substances.
C. Special Rules
Regarding the Suspension or Removal of Students with Disabilities
1. The
district's Committee on Special Education shall:
a. Conduct functional
behavioral assessments to determine why a student engages in a particular
behavior, and develop or review behavioral intervention plans whenever the
district is first suspending or removing a student with a disability for
more than 10 school days in a school year or imposing a suspension or
removal that constitutes a disciplinary change in placement, including a
change in placement to an IAES for misconduct involving weapons, illegal
drugs or controlled substances.
If subsequently, a
student with a disability who has a behavioral intervention plan and who has
been suspended or removed from his or her current educational placement for
more than 10 school days in a school year is subjected to a suspension or
removal that does not constitute a disciplinary change in placement, the
members of the CSE shall review the behavioral intervention plan and its
implementation to determine if modifications are necessary.
If one or more
members of the CSE believe that modifications are needed, the school
district shall convene a meeting of the CSE to modify such plan and its
implementation, to the extent the committee determines necessary.
b. Conduct a
manifestation determination review of the relationship between the student's
disability and the behavior subject to disciplinary action whenever a
decision is made to place a student in an IAES either for misconduct
involving weapons, illegal drugs or controlled substances or because
maintaining the student in his current educational setting poses a risk of
harm to the
c. student or others; or a decision is made to impose a suspension that
constitutes a disciplinary change in placement.
3.
The parents of a student who is facing disciplinary action, but who
has not been determined to be eligible for services under IDEA and Article
89 at the time of misconduct, shall have the right to invoke
5300
Subsection 5300.45
applicable procedural
safeguards set forth in federal and state law and regulations if, in
accordance with federal and state statutory and regulatory criteria, the
school district is deemed to have had knowledge that their child was a
student with a disability before the behavior precipitating disciplinary
action occurred. If the district is deemed to have had such knowledge, the
student will be considered a student presumed to have a disability for
discipline purposes.
a. The Superintendent,
Principal or other school official imposing a suspension or removal shall be
responsible for determining whether the student is a student presumed to
have a disability.
b. A student will not
be considered a student presumed to have a disability for discipline
purposes if, upon receipt of information supporting a claim that the
district had knowledge the student was a student with a disability, the
district either:
(1) conducted an
individual evaluation and determined that the student is not a student with
a disability, or
(2) determined that an
evaluation was not necessary and provided notice to the parents of such
determination, in the manner required by applicable law and regulations.
If there is no
basis for knowledge that the student is a student with a disability prior to
taking disciplinary measures against the student, the student may be
subjected to the same disciplinary measures as any other non-disabled
student who engaged in comparable behaviors.
However, if a
request for an individual evaluation is made while such non-disabled student
is subjected to a disciplinary removal, an expedited evaluation shall be
conducted and completed in the manner prescribed by applicable federal and
state law and regulations. Until the expedited evaluation is completed, the
non-disabled student who is not a student presumed to have a disability for
discipline purposes shall remain in the educational placement determined by
the district, which can include suspension.
3. The district shall
provide parents with notice of disciplinary removal no later than the date
on which a decision is made to change the placement of a student with a
disability to an IAES for either misconduct involving weapons, illegal drugs
or controlled substances or because maintaining the student in his/her
current educational setting poses a risk of harm to the student or others;
or a decision is made to impose a suspension or removal that constitutes a
disciplinary change in placement.
The procedural safeguards
notice prescribed by the Commissioner shall accompany the notice of
disciplinary removal.
4. The parents of a student with disabilities subject to a suspension of
five consecutive school days or less shall be provided with the same
opportunity for an informal conference available to parents of non-disabled
students under the Education Law.
5. Superintendent hearings on disciplinary charges against students with
disabilities subject to a suspension of more than five school
5300
Subsection 5300.45
days shall be bifurcated into
a guilt phase and a penalty phase in accordance with the procedures set
forth in the Commissioner's regulations incorporated into this code.
6. The removal of a student with disabilities other than a suspension or
placement in an IAES shall be conducted in accordance with the due process
procedures applicable to such removals of non-disabled students, except that
school personnel may not impose
such removal for more than 10
consecutive days or for a period that would result in a disciplinary change
in placement, unless the CSE has determined that the behavior is not a
manifestation
of the student's
disability.
7. During any period
of suspension or removal, including placement in an IAES, students with
disabilities shall be provided services as required by the Commissioner's
regulations incorporated into this code.
D. Expedited Due
Process Hearings
1. An expedited due process hearing shall be conducted in the manner
specified by the Commissioner's regulations incorporated into this code, if:
a.
The district requests such a hearing to obtain an order of an
impartial hearing officer placing a student with a disability in an IAES
where school personnel maintain that it is dangerous for the student to be
in his or her current educational placement, or during the
pendency of due process hearings where school
personnel maintain that it is dangerous for the student to be in his or her
current educational placement during such proceedings.
b. The parent requests
such a hearing from a determination that the student's behavior was not a
manifestation of the student's disability, or relating to any decision
regarding placement, including but not limited to any decision to place the
student in an IAES.
(1) During the pendency of an expedited due
process hearing or appeal regarding the placement of a student in an IAES
for behavior involving weapons, illegal drugs or controlled substances, or
on grounds of dangerousness, or regarding a determination that the behavior
is not a manifestation of the student's disability for a student who has
been placed in an IAES, the student shall remain in the IAES pending the
decision of the impartial hearing officer or until expiration of the IAES
placement, whichever occurs first, unless the parents and the district
agree otherwise.
(2) If school personnel propose to change the student's placement after
expiration of an IAES placement, during the pendency
of any proceeding to challenge the proposed change in placement, the
student shall remain in the
placement prior to removal to the IAES, except where the student is again
placed in an IAES.
2. An expedited due
process hearing shall be completed within 15 business days of receipt of the
request for a hearing. Although
5300
Subsection 5300.45
the impartial
hearing officer may grant specific extensions of such time period, he or she
must mail a written decision to the district and the parents within five
business days after the last hearing date, and in no event later than 45
calendar days after receipt of the request for a hearing, without exceptions
or extensions.
E.
Referral to law enforcement and judicial authorities
In accordance with the
provisions of IDEA and its implementing regulations:
1. The district may
report a crime committed by a child with a disability to appropriate
authorities, and such action will not constitute a change of the student's
placement.
2. The Superintendent
shall ensure that copies of the special education and disciplinary records
of a student with disabilities are transmitted for consideration to the
appropriate authorities to whom a crime is reported.
Table of Contents
5300
Subsection 5300.50
CODE OF CONDUCT
5300.50
Corporal Punishment
Corporal punishment is any act
of physical force upon a student for the purpose of punishing that student.
Corporal punishment of any student by any district employee is strictly
forbidden.
However, in situations where
alternative procedures and methods that do not involve the use of physical
force cannot reasonably be used, reasonable physical force may be used to:
1. Protect oneself,
another student, teacher or any person from
physical injury.
2. Protect the property
of the school or others.
3. Restrain or remove
a student whose behavior interferes with the orderly exercise and
performance of school district functions, powers and duties, if that student
has refused to refrain from further disruptive acts.
The district will file all
complaints about the use of corporal punishment with the Commissioner of
Education in accordance with Commissioner's regulations.
Table of Contents
5300
Subsection 5300.55
CODE OF CONDUCT
5300.55
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 of Schools, Building Principals, the school nurse and
district security officials to conduct searches of students and their
belongings if the authorized school official has reasonable suspicion to
believe that the search will result in evidence that the student violated
the law or the district code of conduct.
An authorized school official may
conduct a search of a student's belongings that is minimally intrusive, such
as touching the outside of a book bag, without reasonable suspicion, so long
as the school official has a legitimate reason for the very limited search.
An authorized school
official may search a student or the student's belongings based upon
information received from a reliable informant. Individuals, other than the
district employees, will be considered reliable informants if they have
previously supplied information that was accurate and verified, or they make
an admission against their own interest, or they provide
the same information that is
received independently from other sources, or they appear to be credible and
the information they are communicating relates to an
immediate threat to safety.
District employees will be considered reliable informants unless they are
known to have previously supplied information that they knew was not
accurate.
Before searching a
student or the student's belongings, the authorized school official should
attempt to get the student to admit that he or she possesses physical
evidence that they violated the law or the district code, or get the student
to voluntarily consent to the search. Searches will be limited to the
extent necessary to locate the evidence sought.
Whenever practicable,
searches will be conducted in the privacy of administrative offices and
students will be present when their possessions are being searched.
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.
5300
Subsection 5300.55
B. Strip searches
A strip search is a
search that requires a student to remove any or all of his or her clothing,
other than an outer coat or jacket. If an authorized school official
believes it is necessary to conduct a strip search of a student, the school
official may do so only if the search is authorized in advance by the
Superintendent or the school attorney. The only exception to this rule
requiring advanced authorization is when the school official believes there
is an emergency situation that could threaten the safety of the student or
others.
Strip searches may
only be conducted by an authorized school official of the same sex as the
student being searched and in the presence of another district professional
employee who is also of the same sex as the student.
In every case, the
school official conducting a strip search must have probable cause – not
simply reasonable cause – to believe the student is concealing evidence of a
violation of law or the district code. In addition, before
conducting a strip search, the
school official must consider the nature of the alleged violation, the
student's age, the student's record and the need for such a search.
School officials will
attempt to notify the student's parent by telephone before conducting a
strip search, or in writing after the fact if the parent could not be
reached by telephone.
C. Documentation of
Searches
The authorized school
official conducting the search shall be responsible for promptly
recording the following information about each search:
1. Name, age and grade
of student searched.
2. Reasons for the
search.
3. Name of any
informant(s).
4. Purpose of search
(that is, what item(s) were being sought).
5. Type and scope of
search.
6. Person conducting
search and his or her title and position.
7. Witnesses, if any,
to the search.
8. Time and location
of search.
9. Results of search
(that is, what items(s) were found).
10. Disposition of items
found.
11. Time, manner and
results of parental notification.
The Superintendent or
the Superintendent’s designee shall be responsible for the custody, control
and disposition of any illegal or dangerous item taken from a student. The
Principal or his or her designee shall clearly label each item taken from
the student and retain control of the item(s), until the item is turned over
to the police. The Principal or his or her designee shall be responsible
for personally delivering dangerous or illegal items to police authorities.
D. 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
5300
Subsection 5300.55
work. Police officials may enter
school property or a school function to question
or search a student or to conduct
a formal investigation involving students only if they have:
1. A search or an
arrest warrant; or
2. Probable cause to
believe a crime has been committed on school property or at a school
function; or
3. Been invited by
school officials.
Before police
officials are permitted to question or search any student, the 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. 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.
E. Child Protective
Services Investigations
Consistent with the district's
commitment to keep students safe from harm and the obligation of school
officials to report to child protective services when they have reasonable
cause to suspect that a student has been abused or maltreated, the district
will cooperate with local child protective services workers who wish to
conduct interviews of students on school property relating to allegations of
suspected child abuse, and/or neglect, or custody investigations.
All requests by child
protective services to interview a student on school property shall be made
directly to Principal or his or her designee. The Principal or designee
shall set the time and place of the interview. The Principal or designee
shall decide if it is necessary and appropriate for a school official to be
present during the interview, depending on the age of the student being
interviewed and the nature of the allegations. If the nature of the
allegations is such that it may be necessary for the student to remove any
of his or her clothing in order for the child protective services worker to
verify the allegations, the school nurse or other district medical personnel
must be present during that portion of the interview. No student may be
required to remove his or her clothing in front of a child protective
services worker or school district official of the opposite sex.
A child protective services
worker may not remove a student from school property without a court order,
unless the worker reasonably believes that the student would be subject to
danger of abuse if not he or she were not removed from school before a court
order can reasonably be obtained. If the worker believes the student would
be subject to danger of abuse, the worker may remove the student without a
court order and without the parent's consent.
Table of Contents
5300
Subsection 5300.60
CODE OF CONDUCT
5300.60 Visitors to the Schools
The Board encourages
parents and other district citizens to visit the district's schools and
classrooms to observe the work of students, teachers and other staff. Since
schools are a place of work and learning, however, certain limits must be
set for such visits. The Superintendent or his or her designee is
responsible for all persons in the building and on the grounds. For these
reasons, the following rules apply to visitors to the schools:
1. Anyone who is not a
regular staff member or student of the school will be considered a visitor.
2. All visitors to the
school must report to the district office upon arrival at the school. There
they will be required to sign the visitor's register and will be issued a
visitor's identification badge, which must be worn at all times while in the
school or on school grounds. The visitor must return the identification
badge to the district office before leaving the building.
3. Visitors attending
school functions that are open to the public, such as parent-teacher
organization meetings or public gatherings, are not required to register.
7.
Parents or citizens who wish to observe a classroom while school is
in session are required to arrange such visits in advance with the classroom
teacher(s), so that class disruption is kept to a minimum.
5. Teachers are
expected not to take class time to discuss individual matters with visitors.
6. Any unauthorized
person on school property will be reported to the Superintendent or his or
her designee. Unauthorized persons will be asked to leave. The police may
be called if the situation warrants.
7. All visitors are
expected to abide by the rules for public conduct on school property
contained in this code of conduct.
8. Students from other
schools who are not on school recognized business that wish to visit a
student may do so with the Superintendent’s approval for one lunch period.
District transportation will not be provided to the student and the student
must leave school property at the conclusion of the designated lunch period.
Table of Contents
5300
Subsection 5300.65
CODE OF CONDUCT
5300.65
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:
1. Intentionally
injure any person or threaten to do so.
2. Intentionally
damage or destroy school district property or the personal property of a
teacher, administrator, other district employee or any person lawfully on
school property, including graffiti or arson.
3. Disrupt the orderly
conduct of classes, school programs or other school activities.
4. Distribute or wear
materials on school grounds or at school functions that are obscene,
advocate illegal action, appear libelous, obstruct the rights of others, or
are disruptive to the school program.
5. Intimidate, harass
or discriminate against any person on the basis of race, color, creed,
national origin, religion, age, gender, sexual orientation or disability.
6. Enter any portion
of the school premises without authorization or remain in any building or
facility after it is normally closed.
7. Obstruct the free
movement of any person in any place to which this code applies.
8. Violate the traffic laws, parking regulations or other restrictions
on vehicles.
9. Possess, consume,
use, sell, distribute or exchange tobacco products, alcoholic beverages,
controlled substances, or be under the influence of either on school
property or at a school function.
10. Possess or use
weapons in or on school property or at a school function, except in the case
of law enforcement officers or except as specifically authorized by the
school district.
11. Loiter on or about
school property.
12. Gamble on school
property or at school functions.
13. Refuse to comply
with any reasonable order of identifiable school district officials
performing their duties.
14.
Willfully incite others to commit any of the acts prohibited by this
code.
5300
Subsection 5300.65
15. Violate any federal
or state statute, local ordinance or Board policy while on school property
or while at a school function.
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 or police
intervention.
2. Students. They
shall be subject to disciplinary action as the facts may warrant, in
accordance with the due process requirements.
