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
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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.
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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.
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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.
