EAST WILLISTON UNION FREE SCHOOL DISTRICT

North Side School Willets Road School The Wheatley School

CODE OF CONDUCT

page 1 of 39

TABLE OF CONTENTS

PAGE

5300.05 Introduction 2

5300.10 Definitions 2

5300.15 Student Rights and Responsibilities 5

5300.20 Essential Partners 9

5300.25 Student Dress Code 12

5300.30 Prohibited Conduct 13

5300.35 Reporting Violations 16

5300.40 Student Discipline 16

5300.45 Alternative Instruction 25

5300.50 Discipline of Students with Disabilities 25

5300.55 Corporal Punishment 33

5300.60 Student Searches and Interrogations 33

5300.65 Visitors to Schools 36

5300.70 Public Conduct on School Property 37

5300.75 Publication and Review 39

page 2 of 39

CODE OF CONDUCT

Introduction 5300.05 The 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 consequences of unacceptable conduct, and to ensure that discipline, when necessary, is administered promptly and fairly.

Unless otherwise indicated, this code applies to all students, school personnel, parents and other visitors when on school property or attending a school function. Definitions 5300.10

For the purposes of this code, the following definitions apply: A. “Controlled Substance” means a drug or other substance identified

in certain provisions of the Federal Controlled Substance Act specified in both federal and state law and regulations applicable to this policy.

B. "Cyberbullying" shall mean harassment or bullying as defined in subdivision seven of this section, including paragraphs (a), (b), (c) and (d) of such subdivision, where such harassment or bullying occurs through any form of electronic communication. (Education Law § 11(8)).

C. “Days” means days when school is in session, unless noted as “calendar days”.

D. “Disability” means (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment the term must be limited to disabilities which, upon the provision of reason able accommodations, do not prevent the complainant from performing in a reasonable manner the activities

page 3 of 39

involved in the job or occupation sought or held (Education Law 11(4) and Executive Law 292 (21)).

E. “Disruptive Student” means an elementary or secondary student

under the age of 21 who is substantially disruptive to 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 teacher’s instructions or repeatedly violates the teacher’s classroom behavior rules.

F. “Emergency” means a situation under which the continued presence of the student in the school imposes a danger to persons or property, or such a disruption of the educational process that a student may be suspended immediately and a hearing scheduled as soon as possible thereafter.

G. “Employee” means any person receiving compensation from a school district or employee of a contracted service provider or worker placed within the school under a public assistance employment program, pursuant to title nine-B of article five of the Social Services Law, and consistent with the provisions of such title for the provision of services to such district, its students or employees, directly or through contract, whereby such services performed by such person involve direct student contact (Education Law 11(4) and 1125(3)).

H. “Gender” means actual or perceived sex and includes a person’s gender identity or expression (Education Law 11(6)).

I. "Harassment" and "bullying" shall mean the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying, that (a) has or would have the effect of unreasonably and substantially interfering with a student's educational performance, opportunities or benefits, or mental, emotional or physical well-being; or (b) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or (c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or (d) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. Acts of harassment and bullying shall include, but not be limited to, those acts based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex. For the purposes of this definition the term "threats, intimidation or abuse" shall include verbal and non-verbal actions. (Education Law § 11(7)).

page 4 of 39

J. “Illegal Drugs” means controlled substances 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 Substance Act or any other federal law.

K. “Long-term Suspension” means an exclusion of a student from school for disciplinary reasons by the Board of Education or the Superintendent of Schools for a period of more than five (5) consecutive school days but not extending beyond one hundred eighty (180) consecutive school days. The policy restricts “Long-term Suspension” to one hundred eighty-three (183) consecutive school days. The period of a long-term suspension may extend into the school year following the year in which the long-term suspension was imposed.

L. “Parent” means parent, guardian or person in parental relation to a student.

M. “School Bus” means every motor vehicle owned by a public or governmental agency or private school and operated for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity, to or from school or school activities, or, privately owned and operated for compensation for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities (Education Law 11(10) AND Vehicle and Traffic Law 142).

N. “School function” means any school-sponsored or school related extra-curricular event or activity, including but not limited to field trips.

0. “School property” means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school, or in or on a school bus, as defined in Vehicle and Traffic Law §142 P. “Sexual Orientation” means actual or perceived heterosexuality,

homosexuality, or bisexuality (Education Law 11(5)). Q. “Smoking” means the burning of a lighted cigar, cigarette, pipe, or

any other matter or substance, intended for inhalation. R. “Suspension” means an exclusion of a student, whether in-school

or out-of-school, from school privileges for disciplinary reasons by a principal for not more than five (5) consecutive school days.

S. “Tobacco” includes chewing tobacco, snuff, and/or any similar substance.

T. “Violent student” means a student under the age of 21 who: 1. Commits an act of violence upon a school employee, or

attempts to do so, or threatens violence; 2. Commits, while on school property or at a school function,

an act of violence upon another student or any other person lawfully on school property or at the school function, or attempts to do so, or threatens violence;

page 5 of 39

3. Possesses, while on school property or at a school function, a weapon.

4. Displays, while on school property or at a school function, what appears to be a weapon;

5. Threatens, while on school property or at a school function, to use a weapon;

6. Knowingly and intentionally damages or destroys school or personal property of any school employee or any person lawfully on school property or at a school function;

7. Knowingly and intentionally damages or destroys school district property; or

8. Threatens to use violence against a person or upon school property

U. “Weapon” means a firearm as defined in 18 USC§921 for purposes of the Gun Free Schools Act. It also means any other 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 as a weapon.

Student Rights and Responsibilities 5300.15 1. Student Rights

1.1 The right to a free public education within a safe and orderly environment free from threats to person or property.

This includes the right to attend school until the age of 21, unless a student graduates first. Attendance is required until the last school year in which a student turns 16 years of age. If a student is excluded from school during or before such school year, an alternative educational program must be provided. 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. Have an equal opportunity to take part in

all district activities regardless of actual or perceived race, color, creed, weight, national origin, ethnic group, religion, religious practice, gender or sexual orientation, sex, or disability.

2. Present their version of the relevant events to school personnel authorized to impose a

page 6 of 39

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.

1.2 The right to respectful treatment, free from bullying, harassment, hazing, intimidation, or other physical, verbal, or psychological abuse, as indicated in the Board of Education policy.

1.3. The full rights of citizenship as defined by the Constitution of the United States and that of New York State, as well as applicable federal and state laws, including due process of law.

1.4. The right to information regarding school rules and procedures. 1.5. The right to seek changes in school policies and regulations in an

orderly manner through channels provided for this purpose. 1.6. The right to express opinions, take positions, and support causes

publicly or privately without unlawful interference as long as these activities do not result in disruption of the educational process or impinge on the Constitutional rights of others.

1.7. The right to participate in school programs and activities without any discrimination because of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, sex, or economic status.

1.8. The right to privacy and confidentiality guaranteed by the United States Constitution as interpreted by federal courts.

1.8.1. Students are protected from unreasonable search and

seizure of their person(s). If school officials have “reasonable suspicion” for believing that a search of a student will yield evidence of a violation of the law or school rules, then such a search is permissible.

1.8.2. Students are protected against corporal punishment within the framework of school district Policies and Regulations. Complaints about corporal punishment should be made by following the procedures in school district Regulations.

1.8.3. Student lockers are the property of the school district and are loaned to students. Student lockers are subject to search in accordance with paragraph “A” of the section entitled “Student Searches and Interrogations” as set forth herein.

1.8.4. Although a student car is the property of an individual, if it is parked on school grounds, it may be searched by school authorities based upon reasonable suspicion that a search of the car may yield evidence of a violation of the law or school rules.

1.8.5. Administrators and teachers may question a student with regard to an alleged violation of school rules and regulations, and statements made by students may be used against them. However, students have rights in accordance

page 7 of 39

with paragraph “A” of the section entitled “Student Searches and Interrogations” as set forth herein.

1.9. The right of free speech and assembly so long as their exercise does not disrupt or interfere with safety and the operation of regular school programs. These rights include: 1.9.1. The distribution of leaflets, newspapers, and other literature

adjacent to and on school property and in the school. School officials may require that students submit material for approval prior to distribution only when there is to be a substantial distribution and only if the school has regulations that clearly describe the procedures for prior submission of literature that provide for a definite and brief period in which school officials will make their decision. Denial of the right to distribute is permitted only if specific facts can be pointed to which justify the fear that distribution will be disruptive.

1.9.2. The wearing or display of buttons, armbands, flags, decals or other forms of symbolic expression, unless the manner of expression may materially or substantially interfere with the orderly process of the school and/or the rights of others.

1.9.3. The use of school facilities such as classrooms and auditoriums during school hours, after school, or in the evenings. Student groups will enjoy the same rights to use these facilities as extra curricular clubs and activities. Use of facilities will be subject to school district Policy and Regulations.

1.9.4. Participation in school sponsored organizations, subject to the guidelines in school and school district Policy and Regulations.

1.9.5. The right to select individual patterns of dress and grooming so long as they do not endanger health or safety or serve as an impediment to full participation in school activities or disruption of the educational process.

1.9.6. The right not to participate in the Pledge of Allegiance for personal and private reasons. Non-participation will be subject to school district Policy and Regulations.

1.9.7. The right to assembly is guaranteed except if it is determined by the school authorities to interfere with the school program.

1.9.8. The right to file a complaint or grievance alleging that there is an action affecting them which is prohibited by law, as indicated in the Board policy. The Director of Guidance will be the contact for any student with a potential complaint or grievance.

2. Student Responsibilities

2.1 The responsibility to abide by all prevailing local, state, and federal laws, particularly as they pertain to respecting the rights and

page 8 of 39

property of others. Each student must be accountable for his/her actions.

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 or other disruptive behavior.

7. Ask questions when they do not understand.

8. Seek help in solving problems that might lead to discipline.

9. Dress in a manner that does not substantially disrupt 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.

2.2. The responsibility to attend school regularly and abide by the rules

and regulations of the school and district, including, but not limited to:

2.2.1. Be on time to all classes. 2.2.2. Bring a note from a parent when arriving late to school,

when requesting permission to leave school early for a legitimate purpose, and on the day of return from each absence from school.

page 9 of 39

2.2.3. Abide by the prohibition against possession, sale or use of tobacco, alcohol, or drugs, as spelled out in school district Policies and Regulations.

2.2.4. Keep lockers in a neat, orderly condition, free of litter. 2.2.5. Promptly report to a teacher or administrator any accident

in school resulting in personal injury at the time of the accident.

2.2.6. Be responsible for losses and damages to school textbooks which are only on loan to students.

2.2.7. Use school equipment only under the direction of a teacher. 2.2.8. Take pride in the school and help keep buildings and

grounds attractive. Refrain from littering, creating graffiti, and marking furniture.

2.3. The responsibility to contribute to a school atmosphere conducive

to orderly learning and to refrain from boisterous and disruptive behavior.

2.4. The responsibility to each other to refuse to start, participate in, or in any way encourage or tolerate acts of bullying, harassment, intimidation, or other physical, verbal, or psychological abuse.

2.5 The responsibility to exercise the right of free expression, verbally or symbolically, without the use of obscenities, libelous statements, malicious or personal attacks.

2.6 The responsibility to cooperate with staff and other students to build mutual understanding and promote a safe and secure school environment.

2.7. The responsibility to follow regulations governing the use of vehicles on school property as explained in school district Policy and Regulations.

Essential Partners 5300.20

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.

page 10 of 39

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

All district teachers are expected to: 1. Maintain a climate of mutual respect and dignity for all students

regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex, 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.

7. Address issues of discrimination, harassment, and/or bullying, or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function, as per District policy.

8. Address personal biases that may prevent equal treatment of all students in the school or classroom setting.

9. Report incidents of discrimination, harassment, and/or bullying that are witnessed or otherwise brought to a teacher’s attention in a timely manner, as per District policy.

C. Guidance Counselors

1. Assist students in coping with peer pressure and emerging personal, social and emotional problems.

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.

page 11 of 39

6. Address issues of discrimination, harassment, and/or bullying, or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function, as per District policy.

7. Address personal biases that may prevent equal treatment of all students in the school or classroom setting.

8. Report incidents of discrimination, harassment, and/or bullying that are witnessed or otherwise brought to a guidance counselor’s attention in a timely manner, as per District policy.

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. 6. Address issues of discrimination, harassment, and/or bullying, or

any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function, as per District policy.

7. Address personal biases that may prevent equal treatment of all students in the school or classroom setting.

8. Report incidents of discrimination, harassment, and/or bullying that are witnessed or otherwise brought to a principal’s attention in a timely manner, as per District policy.

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.

6. Address issues of discrimination, harassment, and/or bullying, or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is

page 12 of 39

lawfully on school property or at a school function, as per District policy.

7. Address personal biases that may prevent equal treatment of all students in the school or classroom setting.

8. Report incidents of discrimination, harassment, and/or bullying that are witnessed or otherwise brought to a superintendent’s attention in a timely manner, as per District policy.

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.

4. Address issues of discrimination, harassment, and/or bullying, or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function, as per District policy.

Student Dress Code 5300.25 The responsibility for student dress and general appearance shall rest with individual students and parents. However, the Board of Education requires students to attend school in appropriate dress and jewelry that meet health and safety standards and do not substantially interfere or distract from the learning process. The Board also requires students to wear appropriate protective gear in certain classes and activities (i.e. family and consumer sciences, art, physical education, athletics, technology, science lab). Hats, clothing, jewelry and other attire which display an expression or insignia that is obscene or libelous, that advocates prejudice or violence, that promotes the use of or advertises drugs or alcohol, or that is gang related are forbidden. 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. 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, discipline, up to and including in-school suspension for the day. Any

page 13 of 39

student who repeatedly fails to comply with the dress code shall be subject to further discipline, up to and including out of school suspension. Prohibited Conduct 5300.30

A. Specific reasons given for student discipline, including but not limited to suspension or long-term suspension are as follows:

1. A student who is insubordinate or disorderly or otherwise

endangers the safety, morals, health or welfare of others or him/herself.

2. Depending on the particular circumstances, a student who exhibits seriously disruptive behavior including, but not limited to:

a. Conduct causing a threat of danger to the physical

well being of him/herself or others; b. Willfully striking, assaulting or causing bodily harm

to another person; c. Theft; d. Using obscene, profane, defamatory, or verbally

abusive language or gestures to or about other people;

e. Defying the legitimate authority of any teacher or other employee of the Board of Education;

f. Willfully causing or attempting to cause damage to school property or school buses, or the personal property of others while on school grounds;

g. Disrupting the educational process or orderly administration of the school district by participating in or inciting others to participate in a walkout, sit-in or other unauthorized demonstration on school property;

h. Blackmailing, hazing, bullying (verbal, physical, social, emotional and relational), threatening or otherwise intimidating others;

i. Possessing, transmitting or discharging any firework, weapon, explosive or other dangerous object of no reasonable educational use to the student;

j. Possessing, consuming, selling, distributing or exchanging alcoholic beverages, synthetic cannabinoids 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 substances commonly referred to as “designer drugs” and/or the possession of drug paraphernalia.

page 14 of 39

k. Inappropriately possessing, using or sharing prescription and over-the-counter drugs.

l. Disrupting the educational process or orderly administration of the school district by displaying or wearing of any insignia identifying secret societies or other organizations which restrict membership, such as fraternities and sororities, or by engaging in any activity relating to membership in such an organization;

m. Inciting other students to be absent from class or truant;

n. Failing to serve an assigned detention; o. Smoking; p. Tampering with school documents, including the

forging of parent notes; q. Knowingly making a false bomb, fire, or other

report that impacts the operation of the school; r. Initiating a report warning of fire or other

catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher;

s. Leaving school property without permission; t. Tampering with school computers; u. Using technology to bully, harass, intimidate or

threaten another person on school grounds, at school sponsored functions or off school grounds where there is a nexus between the conduct and the educational process. Such misconduct includes, but is not limited to, threatening or harassing students or school personnel through any means off-campus, including cyber bullying;

v. Using technology to promote or transmit pornography or sexually oriented material or to promote the sale of drugs or alcohol;

w. "Harassment" and "bullying" which is defined as the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying, that (a) has or would have the effect of unreasonably and substantially interfering with a student's educational performance, opportunities or benefits, or mental, emotional or physical well-being; or (b) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or (c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or (d) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation

page 15 of 39

or abuse might reach school property. Acts of harassment and bullying shall include, but not be limited to, those acts based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex. For the purposes of this definition the term "threats, intimidation or abuse" shall include verbal and non-verbal actions.

Or sexual harassment which can originate from a person of either sex against another person and from students, peers, and supervisors. Behaviors that can constitute sexual harassment are letters, telephone calls, or materials of a sexual nature; deliberate physical behavior of a sexual nature such as touching, pinching, and leering; language of a sexual nature such as teasing, joking, sexual remarks or inquiries into sexual life style; and pressure for sexual favors and/or dates. Students and staff who believe they have been subjected to sexual harassment are encouraged to bring the matter to the immediate attention of the Title IX officer ;

x. Violation of the District’s Internet Acceptable Use Policy;

y. Disruption of the educational process or orderly administration of the school district by misusing technology;

z. Academic misconduct, including such behaviors as participation in forgery, plagiarism, copying and/or cheating;

aa. Discrimination against any student by a student or students and/or an employee or employees on school property or at a school function, including, but not limited to, discrimination based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex as a basis for treating others in a negative manner;

bb. gambling Any of the above-listed behavior occurring off school grounds where there exists a nexus between the conduct and the educational process or orderly administration of the school district, including misconduct on buses.

The above list is not to be considered inclusive.

page 16 of 39

Reporting Violations of the Code of Conduct 5300.35 Any student observing a student possessing a weapon, alcohol or illegal substance on school property or at a school function shall be encouraged to report this information immediately to faculty, staff or administrator. Any weapons, alcohol or illegal substances found shall be confiscated immediately, followed by notification of the parent of the student involved and the appropriate disciplinary action taken, up to and including permanent suspension and referral for prosecution. In order for the Board to effectively enforce the Code of Conduct and to take prompt corrective measures when the policy is violated, it is essential that all victims and persons with knowledge of bullying, harassment, or similar behavior report it immediately to school/district administrators or through Reportit.com, a confidential reporting system to which the East Williston School District subscribes. The Building Principal 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 learns of the violation. The notification may be made by telephone, followed by a letter mailed within twenty-four hours after the telephone call is made. The notification must identify the student(s) and explain the conduct that violated the code of conduct and constituted a crime. Student Discipline 5300.40 I. Introduction The East Williston school district’s policies and practices related to student discipline and behavior exist to help accomplish the objectives set out in the district’s mission statement. Those objectives include the nurturing of “the best in each child morally, intellectually, socially, artistically, emotionally and physically.” We attempt to inculcate “respect for individual human worth and tolerance of difference.” Above all, we expect our schools to be humane and supportive environments where the growth of learners is more important than judgments of them. Thus, the disciplining of our children must always be humane and directed towards effectively helping them grow, change, and cope with the causes of their behavior. The Board of Education also recognizes that any society, including our school district, must establish rules and regulations to insure the welfare, rights, and safety of its members and to accomplish the goals of that society. The Board of Education recognizes the need to clearly define expectations and rules for acceptable conduct on school property, identify the possible consequences of unacceptable conduct and to ensure that discipline, when necessary, is administered promptly and fairly.

page 17 of 39

To accomplish this end, the Board has established and approved this policy.

II. Teacher Disciplinary Removal of Disruptive Students

On occasion, a student’s behavior in a classroom 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, thus affecting the ability of a teacher to teach and other students in a classroom to learn. A substantial disruption of the educational process or substantial interference with a teacher’s authority occurs when a student demonstrates a blatant unwillingness to comply with the teacher’s instructions or seriously violates the teacher’s classroom behavior rules.

A. A classroom teacher may remove a disruptive student from class

for up to three days. The removal from class applies to the class of the removing teacher only.

B. A classroom teacher may, however, elect at his or her own discretion to utilize other behavioral management techniques such as (1) short-term “time out”, (2) sending a student to the principal’s office for the remainder of the class time, (3) sending a student to another staff member for counseling, and (4) other appropriate corrective actions.

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

D. 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.

E. When the teacher removes a disruptive student from class, he or she must notify the principal’s office of the removal in writing as soon as possible but not later than the end of the same school day as the removal. Such notice must specify the reason for removal and circumstances of the removal.

F. Within 24 hours after the student’s removal, the principal or another district administrator designated by the principal must notify the student’s parents, in writing, that the student has been removed from class and why. The notice must also inform the parents 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.

G. The written notice must be provided by a method that is reasonably calculated to assure receipt of the notice within 24 hours of the student’s removal at the last known address for the parents. Where

page 18 of 39

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.

H. The teacher who ordered the removal may 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 event. 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.

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

1. The charges against the student are not supported by

substantial evidence. 2. The student’s removal is otherwise in violation of 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.

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

K. Any disruptive student removed from the classroom shall be offered continued educational programming and activities until he or she is permitted to return to the classroom. Such programming and activities may not include temporary placement in another teacher’s regular class.

L. Removal of a student with a disability, under certain circumstances, may constitute a change in the student’s placement. It is incumbent on the teacher and the district to carefully monitor disciplinary procedures of special education students.

III. Authorization A. A principal of the school may suspend a student if, after giving the

student an opportunity for an informal conference conducted in accordance with Section 3214, New York State Education Law, the principal determines that a student’s conduct is insubordinate or disorderly or otherwise endangers the safety, morals, health or welfare of others or him/herself.

B. The Superintendent may place a student on a long-term suspension if, after a hearing conducted in accordance with Section 3214, New

page 19 of 39

York State Education Law, the Superintendent finds that a student’s conduct is insubordinate or disorderly or otherwise endangers the safety, morals, health or welfare of others or him/herself.

IV. Procedures Governing Suspension

The principal will observe the following procedures in cases of student suspension. A. Unless the student poses a continuing danger to persons or

property or an ongoing threat of disruption to the academic process, no student will be suspended prior to providing the student and person in parental relation to the student, on request, with an opportunity for an informal conference. At an informal conference, the principal shall state the charges, and provide the person in parental relation with an opportunity, upon request, to ask questions of complaining witnesses. In the event the student poses a danger to persons or property or an ongoing threat of disruption to the academic process, the opportunity for the informal conference will be given as soon after the suspension as possible.

B. When a student is removed without a prior informal conference, the principal or his/her designee will make all reasonable attempts by telephone to notify the person in parental relation to a minor student within twenty-four (24) hours about the suspension and state the cause(s) leading to the suspension.

C. Whether or not telephone contact is made with such person, the principal or a designee will forward a letter to said person at the last address reported on school records by personal delivery, express mail delivery or equivalent means reasonably calculated to assure receipt of such notice within twenty-four (24) hours of suspension, and offering such person an opportunity for the conference referred to above.

D. Notices required by this policy shall also be given directly to the student.

E. To insure that education is continued, a student will be allowed to complete any class work, including examinations, without penalty, which he/she missed while under suspension. For a student of compulsory school age, or a student classified with a disability, home instruction and/or alternative instruction shall be provided.

F. The principal shall be responsible for considering whether the student has been identified as a student with a disability, afforded procedural protections by Section 504 of the Rehabilitation Act or the Individuals with Disabilities Education Act. Specifically, the principal shall ascertain whether the student has a Behavioral Intervention Plan, an Individual Education Plan or a Section 504 Plan, which addresses the student’s behavior or provides direction concerning the consequences for behavior that may be a manifestation of the student’s disability. If the student is identified as a student with a disability, the principal shall inform the

page 20 of 39

Director of Pupil Personnel Services or designee of the suspension and all of the student’s removals and/or suspensions for the school year.

G. In the event the parents are aggrieved by the Principal’s decision, the parents or student must file a written appeal to the Superintendent within thirty (30) calendar days. The Superintendent may excuse a late appeal for good cause shown. The Superintendent shall issue a written decision regarding the appeal within 10 business days of receiving the appeal. If the parents or student are aggrieved by the Superintendent’s decision, they must file a written appeal to the Board of Education with the District Clerk within thirty (30) days of the date of the Superintendent's decision. The Board of Education may excuse a late appeal for good cause shown. The Board of Education shall consider the appeal in executive session within thirty (30) calendar days without the need for a formal or informal conference. The District Clerk shall advise the parents and student in writing of the Board of Education’s determination. Only final decisions of the Board may be appealed to the Commissioner of Education within thirty (30) calendar days of the decision.

V. Superintendent’s Long-Term Suspension

A. If the principal determines that a suspension in excess of five (5) days is warranted (either because of the nature of or the accumulation of offenses, or because of the severity of the offense), the principal shall refer the matter to the Superintendent with a recommendation to commence a formal suspension procedure.

B. The recommendation for a Superintendent’s suspension hearing must be sent in writing by the principal to the Superintendent or a designee.

C. Upon receipt of this recommendation, the Superintendent or a designee will conduct an inquiry to determine whether to proceed with the formal suspension procedure.

D. If it is determined that such a procedure is warranted, the Superintendent will schedule a hearing.

E. The Superintendent will follow the procedure set forth below before suspending a student:

1. The student and person in parental relation will be given

reasonable notice of the hearing. 2. This notice will include:

a. The scheduled date, time and place of the hearing; b. The specific charges against the student on which

the hearing will be based; c. A statement of the rights of the student and of the

person in parental relation as set forth in Section

page 21 of 39

3214, New York State Education Law and this policy.

3. The Superintendent may personally preside over the

hearing or, in his/her discretion, may appoint a hearing officer. The hearing officer will make findings of fact, and may recommend the appropriate measure of discipline to the Superintendent. The report of the hearing officer will be advisory only, and the Superintendent may accept all or any part thereof.

4. At the hearing, the student will have the right to be represented by counsel, to question witnesses against the student and to present witnesses and other evidence on his/her behalf.

5. The student is entitled to the services of a translator, to be provided by the Board of Education, whenever the student or person in parental relation does not speak English. A request for a translator should be made to the Superintendent at the time the hearing is set, at least forty-eight (48) hours in advance of the hearing.

6. The Superintendent will notify the student and person in parental relation in writing after making a determination of whether the District has sustained its burden of proof with respect to the charges.

7. If the Superintendent finds the District has sustained its burden and the student is classified as disabled under the IDEA, the Superintendent shall arrange for a manifestation determination, and follow part 201 of the Commissioner’s Regulations with regard to procedural protections provided those students. If the Superintendent finds the District has sustained its burden and the student is provided protection under Section 504 of the Rehabilitation Act, the Superintendent shall arrange for a manifestation determination, and follow the District policy concerning implementation of Section 504.

8. If the Committee on Special Education or Section 504 team finds the student’s conduct is not a manifestation of the student’s disability or if the student is not classified as a student with a disability, the Superintendent shall consider the student’s prior school records, and special education records, prior to determining the appropriate action, if any. The student and person in parental relationship shall have an opportunity to review the student's records prior to the Superintendent's review. If the Committee determines that the student's conduct is a manifestation of the student's disability, the Superintendent’s determination of an appropriate action, if any, shall comply with the law.

9. In the event the parents are aggrieved by the Superintendent’s decision, the parents or student must file a

page 22 of 39

written appeal to the Board of Education with the District Clerk within thirty (30) calendar days of the date of the Superintendent's decision. The Board of Education may excuse a late appeal for good cause shown. The Board of Education shall consider the appeal in executive session within thirty (30) calendar days without the need for a formal or informal conference. The District Clerk shall advise the parents and student in writing of the Board of Education’s determination. Only final decisions of the Board may be appealed to the Commissioner of Education within thirty (30) calendar days of the decision

F. Whenever a student has been suspended or placed on long-term suspension and that student is of compulsory attendance age, immediate steps will be taken for his/her attendance in an instructional program elsewhere or for supervision or detention of that student pursuant to the provisions of Article Seven of the Family Court Act. For students classified as disabled, the alternative instructional education setting shall comply with part 201 of the Commissioner’s Regulations.

VI. Suspension Procedure by Board Of Education Pursuant to Section 3214, New York State Education Law, the

Board of Education, after a hearing, also has the power to suspend students for more than five (5) days. When a student has been suspended by the Board of Education in accordance with Section 3214 of the New York State Education Law, the Board may, in its discretion, hear and determine the proceeding or appoint a hearing officer who will have the same powers and duties with respect to the Board that a hearing officer has with respect to the Superintendent.

The findings and recommendations of the hearing officer

conducting the proceedings will be advisory and subject to final action by the Board of Education, each member of which will, before voting, review the testimony and acquaint him/herself with the evidence in the case. The Board may reject, confirm or modify the conclusions of the hearing officer.

VII. Minimum Periods of Suspension 1. Students who bring a weapon to school.

Any student found guilty of bringing a weapon onto school property will be subject to suspension from school for at least one calendar year, unless the student is classified as a student with a disability, and the suspension would violate the provisions of Section 201 of the Commissioner’s regulations. 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:

page 23 of 39

a. The student’s age. b. The student’s grade in school. c. The student’s prior disciplinary record. d. The Superintendent’s belief that other forms of discipline

may be more effective. e. Input from parents, teachers and/or others. f. Other extenuating circumstances.

The Superintendent is required to refer the following students to

the County Attorney (or the County presentment agency if not 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. The Superintendent is required to refer students over the age of 16 or any student 14 or 15 years old who qualifies for juvenile offender status to the appropriate law enforcement authorities. A student 14 or 15 years old who possesses a firearm, machine-gun or loaded firearm (as defined in §265.00 of the Penal Law) on school grounds (as defined in § 220.00 (14) of the Penal Law) qualifies for juvenile offender status under §1.20 of the Criminal Procedure Law. 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, 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, unless the student is classified as a student with a disability and the suspension would violate the provisions of Section 201 of the commissioner’s regulations. 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 a hearing 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.

page 24 of 39

3. Students who are repeatedly substantially disruptive of the

educational process or repeatedly substantially interfere with the teacher’s authority over the classroom.

Any student who engages in conduct which results in the student being removed from the classroom by a teacher on four or more occasions during a semester will be suspended from class or school for at least five days, unless the student is classified as a student with a disability and the suspension would violate the provisions of Section 201 of the Commissioner’s regulations. 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 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. Nothing in this paragraph is to be construed as in any way limiting the statutory rights of teachers to remove disruptive students.

VIII. Other Disciplinary Procedures The amount of due process a student is entitled to before a penalty, other

than removal, is imposed will depend on the type of penalty being imposed. In all cases, regardless of the penalty imposed, the school personnel authorized to impose the penalty must let the student know what misconduct the student is alleged to have committed, and must investigate 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 a teacher removal or

suspension will be accorded the following due process rights: 1. Before/After School Detention

Teachers, principals and the Superintendent may use after/before school detention as a penalty for student misconduct. Parents will be notified of a detention.

2. Suspension from transportation

If a student does not conduct himself/herself properly on a bus, the bus driver is expected to bring such misconduct to the Building Principal’s attention. Students who become a serious disciplinary problem may have their riding privileges suspended by the

page 25 of 39

Building Principal or the Superintendent. In such cases, the student’s parent will become responsible for seeing that his or her child gets to and from school safely.

A student subjected to a suspension from transportation is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the Building Principal to discuss the conduct and the penalty involved.

3. Suspension from athletic participation, extra curricular activities and other privileges.

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

Alternative Instruction 5300.45 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. Discipline of Students with Disabilities 5300.50 The Board of Education recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities who violate the district’s student code of conduct, and/or to temporarily remove a student with disabilities from his or her current placement because maintaining the student in that placement is substantially likely to result in injury to the student or to others. The Board also recognizes that students with disabilities deemed eligible for special education services under the IDEA and Article 89 of New York’s Education Law enjoy certain procedural protections that school authorities must observe when they decide to suspend or remove them. Under certain conditions those protections extend, as well, to students not currently deemed to be a student with a disability but determined to be a student presumed to have a disability for discipline purposes. Therefore, the Board is committed to ensuring that the district follows suspension and removal procedures that are consistent with those protections. The code of conduct for students is intended to afford students with disabilities and students presumed to have a disability for discipline purposes the express rights they enjoy under applicable law and regulations.

page 26 of 39

Definitions For purposes of this portion of the code of conduct, and consistent with applicable law and regulations, the following definitions will apply: 1. Behavioral intervention plan (BIP) means a plan that is based on the

results of a functional behavioral assessment and that, at a minimum, includes a description of the problem behavior, global and specific hypotheses as to why the problem behavior occurs, and intervention strategies that include positive behavioral supports and services to address the behavior.

2. Controlled substance means a drug or other substance abuse identified under schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 USC § 812(c)).

3. 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, because the student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals, and because of such additional factors as the length of each suspension or removal, the total amount of time the student has been removed and the proximity of the suspensions or removals to one another.

4. Illegal drug means a controlled substance, but does not include a

controlled substance legally possessed or used under the supervision of a licensed health-care professional, or a substance that is otherwise legally possessed or used under the authority of the Controlled Substances Act or under any other provision of federal law.

5. Interim alternative educational setting (IAES) means a temporary educational placement, other than the student’s current placement at the time the behavior precipitating the IAES placement occurred. An IAES must allow a student to continue to receive educational services that enable him or her to continue to participate in the general curriculum and progress toward meeting the goals set out in the student’s individualized education program; as well as to receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications designed to address the behavior violation so that it does not recur.

6. Manifestation review means a review of the relationship between the student’s disability and the behavior subject to disciplinary action required when the disciplinary action results in a disciplinary change of placement, and conducted in accordance with requirements set forth later in this policy.

page 27 of 39

7. Manifestation team means a district representative knowledgeable about the student and the interpretation of information about child behavior, the parent, and relevant members of the committee on special education as determined by the parent and the district.

8. Removal means a removal of a student with a disability for disciplinary reasons from his or her current educational placement, other than a suspension; and a change in the placement of a student with a disability to an IAES.

9. School day means any day, including a partial day, that students are in attendance at school for instructional purposes.

10. Serious bodily injury means bodily injury which involves a substantial risk of death, extreme physical pain, protracted obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty.

11. Student presumed to have a disability for discipline purposes means a student who, under the conditions set forth later in this policy, the district is deemed to have had knowledge was a student with a disability before the behavior that precipitated the disciplinary action.

12. Suspension means a suspension pursuant to §3214 of New York’s Education Law.

13. Weapon means the same as the term “dangerous weapon” under 18 USC §930(g)(2) which includes a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except a pocket knife with a blade of less than two and one-half inches in length.

Authority of School Personnel to Suspend or Remove Students with Disabilities The Board, District Superintendent, Superintendent of Schools or a Building Principal with authority to suspend students under the Education Law may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed five consecutive school days. The Superintendent may, directly or upon the recommendation of a designated hearing officer, order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed ten consecutive school days inclusive of any period in which the student has been suspended or removed for the same behavior pursuant to the above paragraph, if the Superintendent determines that the student’s behavior warrants the suspension. The Superintendent also may order additional suspensions of not more than ten consecutive school days in the same school year for separate incidents of misconduct, as long as the suspensions do not constitute a disciplinary change of placement. In addition, the Superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for a period in excess of ten consecutive school days if the manifestation team determines that the student’s behavior was not a manifestation of the student’s disability. In such an instance, the Superintendent may discipline the student in the same manner and for the same duration as a non-disabled student.

page 28 of 39

Furthermore, the Superintendent may, directly or upon the recommendation of a designated hearing officer, order the placement of a student with a disability to an IAES to be determined by the committee on special education for a period of up to 45 school days if the student either: 1. Carries or possesses a weapon to or at school, on school premises or to a

school function, or 2. Knowingly possesses or uses illegal drugs or sells or solicits the sale of a

controlled substance while at school, on school premises or at a school function under the district’s jurisdiction, or

3. Has inflicted serious bodily injury upon another person while at school, on school premises or at a school function under the district’s jurisdiction.

The Superintendent may order the placement of a student with a disability

to an IAES under such circumstances, whether or not the student’s behavior is a manifestation of the student’s disability. However, the committee on special education will determine the IAES. Procedures for the Suspension or Removal of Students with Disabilities by School Personnel 1. In cases involving the suspension or removal of a student with a disability

for a period of five consecutive school days or less, the student’s parents or persons in parental relation to the student will be notified of the suspension and given an opportunity for an informal conference in accordance with the same procedures that apply to such short term suspensions of non-disabled students.

2. The suspension of students with disabilities for a period in excess of five school days will be subject to the same due process procedures applicable to non-disabled students, except that the student disciplinary hearing conducted by the Superintendent or a designated hearing officer shall be bifurcated into a guilt phase and a penalty phase. Upon a finding of guilt, the Superintendent or the designated hearing officer will await notification of the determination by the manifestation team as to whether the student’s behavior was a manifestation of his or her disability. The penalty phase of the hearing may proceed after receipt of that notification. If the manifestation team determined that the behavior was not a manifestation of the student’s disability, the student may be disciplined in the same manner as a non-disabled student, except that he or she will continue to receive services as set forth below. However, if the behavior was deemed a manifestation of the student’s disability, the hearing will be dismissed, unless the behavior involved concerned weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury, in which case the student may still be placed in an IAES.

Limitation on Authority of School Personnel to Suspend or Remove Students with Disabilities The imposition of a suspension or removal by authorized school personnel may not result in a disciplinary change of placement of a student with a disability

page 29 of 39

that is based on a pattern of suspensions or removals as set forth above in the Definitions section of this policy, unless: 1. The manifestation team determines that the student’s behavior was not a

manifestation of the student’s disability, or 2. The student is removed to an IAES for behavior involving weapons,

illegal drugs or controlled substances, or the infliction of serious bodily injury as set forth above.

School personnel will consider any unique circumstances on a case-by-

case basis when determining whether a disciplinary change in placement is appropriate for a student with a disability who violates the district’s code of conduct.

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

Parental Notification of a Disciplinary Change of Placement

The district will provide the parents of a student with a disability notice of any decision to make a removal that constitutes a disciplinary change of placement because of a violation of the student code of conduct. Such notice will be accompanied by a copy of the procedural safeguards notice. Authority of an Impartial Hearing Officer to Remove a Student with a Disability An impartial hearing officer may order the placement of a student with a disability to an IAES for up to 45 school days at a time if he or she determines that maintaining the current placement of the student is substantially likely to result in injury to the student or to others. This authority applies whether or not the student’s behavior is a manifestation of the student’s disability. Manifestation Review A review of the relationship between a student’s disability and the behavior subject to disciplinary action to determine if the conduct is a manifestation of the student’s disability will be made by the manifestation team immediately, if possible, but in no case later than 10 school days after a decision is made by: 1. The Superintendent to change the placement of a student to an IAES; 2. An impartial hearing officer to place a student in an IAES; or 3. The Board, the Superintendent, or Building Principal to impose a

suspension that constitutes a disciplinary change in placement. The manifestation team must determine that the student’s conduct was a

manifestation of the student’s disability if it concludes that the conduct in question was either: 1. Caused by or had a direct or substantial relationship to the student’s

disability, or

page 30 of 39

2. The direct result of the district’s failure to implement the student’s individualized education program.

The manifestation team must base its determination on a review all

relevant information in the student’s file including the student’s individualized education program, any teacher observations, and any relevant information provided by the parents. If the manifestation team determines that the student’s conduct is a manifestation of the student’s disability, the district will: 1. Have the committee on special education conduct a functional behavioral

assessment of the student and implement a behavioral intervention plan, unless the district had already done so prior to the behavior that resulted in the disciplinary change of placement occurred. However, if the student already has a behavioral intervention plan, the CSE will review the plan and its implementation, and modify it as necessary to address the behavior.

2. Return the student to the placement from which he or she was removed, unless the change in placement was to an IAES for conduct involving weapons, illegal drugs or controlled substances or the infliction of serious bodily injury, or the parents and the district agree to a change in placement as part of the modification of the behavioral intervention plan.

If the manifestation team determines that the conduct in question was the

direct result of the district’s failure to implement the student’s individualized education program, the district will take immediate steps to remedy those deficiencies. Services for Students with Disabilities during Periods of Suspension or Removal Students with disabilities who are suspended or removed from their current educational setting in accordance with the provisions of this policy and applicable law and regulation will continue to receive services as follows: 1. During suspensions or removals of up to 10 school days in a school year

that do not constitute a disciplinary change in placement, the district will provide alternative instruction to students with disabilities of compulsory attendance age on the same basis as non-disabled students. Students with disabilities who are not of compulsory attendance age will receive services during such periods of suspension or removal only to the same extent as non-disabled students of the same age would if similarly suspended.

2. During subsequent suspensions or removals of up to 10 school days that in the aggregate total more than 10 school days in a school year but do not constitute a disciplinary change in placement, the district will provide students with disabilities services necessary to enable them to continue to participate in the general education curriculum and to progress toward meeting the goals set out in their respective individualized education program. School personnel, in consultation with at least one of the

page 31 of 39

student’s teachers, will determine the extent to which services are needed to comply with this requirement.

In addition, during such periods of suspension or removal the district will also provide students with disabilities services necessary for them to receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications designed to address the behavior violation so that it does not recur.

3. During suspensions or removals in excess of 10 school days in a school

year that constitute a disciplinary change in placement, including placement in an IAES for behavior involving weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury, the district will provide students with disabilities services necessary to enable them to continue to participate in the general curriculum, to progress toward meeting the goals set out in their respective individualized education program, and to receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications designed to address the behavior violation so it does not recur.

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

Students Presumed to Have a Disability for Discipline Purposes The parent of a student who is facing disciplinary action but who was not identified as a student with a disability at the time of misconduct has the right to invoke any of the protections set forth in this policy in accordance with applicable law and regulations, if the district is deemed to have had knowledge that the student was a student with a disability before the behavior precipitating disciplinary action occurred and the student is therefore a student presumed to have a disability for discipline purposes. If it is claimed that the district had such knowledge, it will be the responsibility of the Superintendent, Building Principal or other authorized school official imposing the suspension or removal in question for determining whether the student is a student presumed to have a disability for discipline purposes. The district will be deemed to have had such knowledge if: 1. The student’s parent expressed concern in writing to supervisory or

administrative personnel, or to a teacher of the student that the student is in need of special education. Such expression may be oral if the parent does not know how to write or has a disability that prevents a written statement; or

2. The student’s parent has requested an evaluation of the student; or 3. A teacher of the student or other school personnel has expressed specific

concerns about a pattern of behavior demonstrated by the student, directly to the district’s director of special education or other supervisory personnel.

page 32 of 39

Nonetheless, a student will not be considered a student presumed to have a disability for discipline purposes if notwithstanding the district’s receipt of information supporting a claim that it had knowledge the student has a disability, 1. The student’s parent has not allowed an evaluation of the student; or 2. The student’s parent has refused services; or 3. The District conducted an evaluation of the student and determined that

the student is not a student with a disability.

If there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other non-disabled student who engaged in comparable behaviors. However, if the district receives a request for an individual evaluation while the student is subjected to a disciplinary removal, the district will conduct an expedited evaluation of the student in accordance with applicable law and regulations. Until the expedited evaluation is completed, the student shall remain in the educational placement determined by the district which can include suspension. Expedited Due Process Hearings The district will arrange for an expedited due process hearing upon receipt of or filing of a due process complaint notice for such a hearing by: 1. The district to obtain an order of an impartial hearing officer placing a

student with a disability in an IAES where school personnel maintain that it is dangerous for the student to be in his or her current educational placement;

2. The district 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;

3. The student’s parent regarding a determination that the student’s behavior was not a manifestation of the student’s disability; or

4. The student’s parent relating to any decision regarding placement, including but not limited to any decision to place the student in an IAES.

The district will arrange for, and an impartial hearing officer will conduct,

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

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

page 33 of 39

Referral to Law Enforcement and Judicial Authorities Consistent with its authority under applicable law and regulations, the

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

Corporal Punishment 5300.55 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.

Student Searches and Interrogations 5300.60

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.

page 34 of 39

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 inquire of the student about whether he or she possesses physical evidence that they violated the law or the district code, or obtain the student’s voluntary consent to the search. Searches will be limited to the extent necessary to locate the evidence sought. Whenever practicable, searches will be conducted in the privacy of administrative offices and students will be present when their possessions are being searched. A. Student Lockers, Desks and other School Storage Places The rules in this code of conduct regarding searches of students and their belongings do not apply to student lockers, desks and other school storage places. Students have no reasonable expectation of privacy with respect to these places and school officials retain complete control over them. This means that student lockers, desks and other school storage places may be subject to search at any time by school officials, without prior notice to students and without their consent. B. 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.

page 35 of 39

11. Time, manner and results of parental notification. The Principal or the Principal’s designee shall be responsible for the custody, control and disposition of any illegal or dangerous item taken from a student. The Principal or his or her designee shall clearly label each item taken from the student and retain control of the item(s), until the 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. C. Police Involvement in Searches and Interrogations of Students District officials are committed to cooperating with police officials and other law enforcement authorities to maintain a safe school environment. Police officials, however, have limited authority to interview or search students in schools or at school functions, or to use school facilities in connection with police work. Police officials may enter school property or a school function to question or search a student or to conduct 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.

Except in exigent circumstances, before police officials are permitted to question or search any student on a matter unrelated to the school district, 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. Except in exigent circumstances, if the student's parent cannot be contacted prior to the police questioning or search on a matter unrelated to the school district, the questioning or search shall not be conducted. The Principal or designee will also be present during any police questioning or search of a student on school property or at a school function.

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. D. 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 the 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

page 36 of 39

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 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. Visitors to Schools 5300.65 The Board of Education encourages parents and other citizens to visit their schools periodically during the course of the school year in order to promote effective communication with the community and the school. Since schools are a place of work and learning, however, certain limits must be set for such visits. The Principal or his or her designee is responsible for all persons in the building and on the grounds. For these reasons, the following rules apply to visitors to the schools:

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

2. All persons who are not students or staff who wish to visit a school shall report immediately to the school reception desk upon entering a school building.

3. Upon entering the school building all visitors must present a form of picture ID and state the purpose of their visit. They will sign the visitor’s log and be issued a visitor’s pass, which must be displayed visibly.

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

5. Parents or guardians who desire to visit their child’s classroom while school is in session are required to arrange such visits in advance with the classroom teacher(s), staff member and/or Principal, so that class disruption is kept to a minimum. Such visitors must report to the main office and shall not be permitted to interfere with the educational process.

6 Teachers are not expected to take class time to discuss individual matters with visitors.

7. Any unauthorized person on school property will be reported to the Principal or his or her designee. Unauthorized persons will be asked to leave. The police may be called if the situation warrants.

8. Student visitors from other schools, unless they have a specific reason and prior approval of their Superintendent, or his/her designee, shall not be

page 37 of 39

given permission to enter school buildings. Newly registered students may visit their perspective buildings by appointment.

9. Individual Board members shall have access to all facilities at such times as the facilities are open to the employees of the district. Such access shall not interfere with the conduct of the educational program.

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

Public Conduct and School Operations/Activities 5300.70

The Board of Education recognizes that the primary purpose of the district is to provide an atmosphere conducive to learning and education. Any action by an individual or group aimed at disrupting, interfering or delaying the education process, or having such effect, is hereby declared to be in violation of Board policy. The Board shall approve rules and regulations to effect this policy as required by Education Law §2801.

The Board also recognizes its responsibility to protect school property and may take appropriate legal action to prevent damage and/or destruction of school property. The Board may also seek restitution from, and prosecution of, any person who willfully damages school property and/or takes school property without consent. It is not the intent of this policy to limit freedom of speech or peaceful assembly. The Board recognizes that free inquiry and free expression are indispensable to the objectives of a school district. The purpose of the rules and regulations is to prevent abuse of the rights of others and to maintain safety and public order, not to prevent or restrain controversy or dissent. Public Conduct on School Property Regulation 5300.70-R These rules govern the conduct of students, faculty and other staff, residents, licensees, invitees, and all other persons, whether or not their presence is authorized, upon district property, and also upon or with respect to any school activity, school program and/or school operation including, but not limited to: (1) its teaching programs and activities; and (2) its administrative, cultural, recreational, and/or athletic programs; and (3) its transportation, website, computer network/server and/or business operations. Prohibited Conduct

No person, either alone or with others, shall: 1. willfully injure any person or threaten to do so; 2. intentionally damage or destroy school district property or the personal

property of a student, 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, school operations and/or school activities;

page 38 of 39

4. distribute or wear materials on school grounds which appear obscene, which advocate illegal action, discriminate against race, nationality or religion, sexual orientation, appear libelous, and which are disruptive to the school program or obstruct the rights of others;

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. trespass upon any portion of school premises or remain in any building or facility after it is normally closed without authorization;

7. disrupt the efficient operation of the school by obstructing the free movement of any person in any place to which these rules apply;

8. violate the traffic laws, parking regulations or other restrictions on vehicles;

9. possess, consume, sell, offer, manufacture, distribute or exchange alcoholic beverages, controlled or illegal substances, or any synthetic versions (whether or not specifically illegal or labeled for human consumption) or be under the influence of either on school property or at any school-related function;

10. possess or use firearms and/or other weapons including air guns, pistols, rifles, other noxious spray in or on school property (except in the case of law enforcement officers or except as specifically authorized by the school district);

11. loiter on or about school buildings or grounds; 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 herein prohibited; and/or 15. violate any federal or state statute, local ordinance, or Board policy. Penalties and Procedures

The Superintendent of Schools may impose penalties upon those persons violating the above-referenced rules in accordance with the Code of Conduct, the Education Law and State and federal laws. The Superintendent of Schools may, in accordance with State and federal law, revoke an individual's authority to enter onto school grounds. Where a violation of this policy may also be a violation of a State law, federal law, or local ordinance, the Superintendent of Schools or designee, may report such violations to the appropriate State, local, and federal authorities. The Superintendent of Schools shall provide written notice to any group or individual found in violation of the above referenced rules with a statement that such group or individual may file a written appeal to the Board of Education within 30 calendar days from the date of the Superintendent’s determination. The Board of Education shall review any such timely, written appeal in executive session of a Board meeting within 45 calendar days of its receipt of the appeal. Any group or individual aggrieved by the determination of the Superintendent of Schools shall exhaust their administrative remedy of an appeal to the Board of Education before filing an appeal to the Commissioner of Education or seeking Court intervention. Penalties and procedures for staff members who may be in violation of the Code of Conduct shall conform to applicable collective bargaining agreements, State and federal law.

page 39 of 39

Enforcement Program The Superintendent shall be responsible for the enforcement of these rules, and he/she shall designate other personnel who are authorized to take action in accordance with such rules when required or appropriate.

This regulation and the penalties contained herein are not considered to be inclusive or to preclude in any way the prosecution and conviction of any person for the violation of any federal law, state law, or local ordinance and the imposition of a fine or penalty provided for therein. Amendment These rules and regulations may be amended or modified by the Board. All future amendments shall be filed with the Board of Regents and Commissioner of Education Publication 5300.75

The school district will take the following actions to publicize the code: A. Provide copies of a summary to all students which will be

presented and reviewed at the beginning of the school year. B. Mail a plain language summary of the code to all persons in

parental relation before the beginning of each school year. C. Make the code available thereafter upon request. D. The Board will take reasonable steps to ensure community

awareness of code provisions through the district newsletter. Review The Board will sponsor an in-service education program for all district

staff members to ensure the effective implementation of the code of conduct.

The Board of Education will review this code of conduct every year and

update it as necessary. In conducting the review, the Board will consider how effective the code’s provisions have been and whether the code has been applied fairly and consistently.

The code of conduct and any amendments to it will be filed with the

Commissioner of Education no later than 30 calendar days after adoption. Ref: Education Law §2801 Education Law §3214 Article 7, Family Court Act Adoption date: July 2, 2001 Revised: August 8, 2005 Revised: April 26, 2010 Revised: September 3, 2010 Revised: November 19, 2012 Revised: December 21, 2015

Administration

Dr. Elaine Kanas, Superintendent of Schools Jacqueline Pirro, Assistant Superintendent for Business

Robin Lufrano, Business Administrator Dr. Danielle Gately, Assistant to the Superintendent for Instruction & Personnel

Nicholas Fusco, Director of Facilities III David Casamento, Director of Science & Technology

Shari Senzer, Director of Pupil Personnel Services Thomas Sposato, Assistant Director of Pupil Personnel Services

The Wheatley School

Dr. Sean Feeney, Principal Karen Klapper, Assistant Principal

Willets Road School

Stephen Kimmel, Principal

North Side School

James Bloomgarden, Principal Christine Dragone, Assistant Principal for Elementary Education

Board of Education 2016-17

Mark Kamberg, President Robert V. Fallarino, Esq., Vice President

Leonard Hirsch David P. Keefe Alan Littman