High School Code of Conduct

I. Introduction

A. The board of education (“board”) is committed to providing a safe and or­derly school environment where students may receive, and district personnel may deliver quality educational services without disruption or interference. Responsible behavior by students, teachers, other district personnel, parents and other visitors is essential to achieving this goal.


B. The District establishes this Code of Conduct for the Maintenance of Public Order on School Property and at School Functions to govern the conduct of students, teachers and other school personnel, and visitors. This Code of Conduct has been developed consistent with the Safe Schools Against Violence in Education Act (Chapter 181 of the Laws of 2000) and Section 100.2 of the implementing Commissioners Regulations and in collaboration with student, teacher, administrators and parent organizations, school safety personnel and other school personnel.

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


D.
The board recognizes the need to clearly define these expectations for accept-able conduct on school property, to identify the possible consequences of unacceptable conduct, and to ensure that discipline when necessary is admin­istered promptly and fairly. To this end, the board adopts this code of conduct.

E. For the purposes of this policy, a school function is defined as any event, occurring on or off school property, sanctioned or approved by the school, including but not limited to offsite athletic events, school dances, plays, musi­cal productions, field trips or other school-sponsored trips.


II.
Definitions
For purposes of this code, the following definitions apply.

A. “Disruptive student” means a pre-k, elementary or secondary student under the age of 21 who substantially interferes with the educational process or substantially interferes with the teacher’s authority over the classroom.

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

C. “School property” means 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.

D. “School function” means any school sponsored extracurricular event or activity.

E. “Violent student” means a student under the age of 21 who, while on school property or at a school function:

1 . Commits an act of violence upon a school employee, or attempts to do so.

2. Commits 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.

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

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

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

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

7. Knowingly and intentionally damages or destroys school district property. “Weapon” means a firearm as defined in 18 USC §921 for purposes of the Gun Free Schools Act. It also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger, dirk, razor, stiletto, switchblade knife, gravity knife, brass knuckles, sling shot, metal knuckle knife, box cutter, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper spray or other noxious spray, explosive or incendiary bomb, or other device, instrument, material or substance that can cause physical injury or death when used to cause physical injury or death.


 




III. Student Rights and Responsibilities
A. Student Rights
The district is committed to safeguarding the rights given to all students under state and federal law. In addition, to promote a safe, healthy, orderly and civil school environment, all district students have the right to
1. Take part in any school district activities on an equal basis regardless of race, color, creed, national origin, religion, gender or sexual orientation or disability.
2. Present their version of the relevant events to school personnel authorized to impose a disciplinary penalty in connection with the imposition of the penalty.
3. Access school rules and, when necessary, receive an explanation of those rules from school personnel.
B. Student Responsibilities
All district students have the responsibility to:
1. Contribute to maintaining a safe and orderly school environment that is conducive to learning and to show respect to other persons and to property.
2. Be familiar with and abide by all district policies, rules and regulations dealing with student conduct.
3. Attend school every day unless they are legally excused and be in class, on time, and prepared to learn.
4. Strive toward their highest level of achievement possible in academic and extracurricular pursuits. 14

5. React to direction given by teachers, administrators and other school personnel in a respectful, positive manner.
6. Work to develop mechanisms to control their anger.
7. Ask questions when they do not understand.
8. Seek help in solving problems that might lead to discipline.
9. Dress appropriately for school and school functions.
10. Accept responsibility for their actions.
11. Conduct themselves as representatives of the district when participating in or attending school sponsored extracurricular events and to hold them-selves to the highest standards of conduct, appearance/dress code, demeanor, and sportsmanship. The coach or advisor will use their discretion in regard to appropriate dress for all extracurricular activities.
IV. Essential Partners
A. Parents
All parents are expected to:
1. Recognize that the education of their child(ren) is a joint responsibility of the parents and the school community.
2. Send their children to school ready to participate and learn.
3. Ensure their children attend school regularly and on time.
4. Ensure absences are excused.
5. Insist their children be dressed and groomed in a manner consistent with the student dress code.
6. Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly environment.
7. Know school rules and help their children understand them.
8. Convey to their children a supportive attitude toward education and the district.

9. Build good relationships with teachers, other parents and their children’s friends.
10. Help their children deal effectively with peer pressure.
11. Inform school officials of changes in the home situation that may affect student conduct or performance.
12. Provide a place for study and ensure homework assignments are completed.
B. Teachers
All district teachers are expected to:

1. Maintain a climate of mutual respect and dignity, which will strengthen students’ self concept and promote confidence to learn.
2. Be prepared to teach.
3. Demonstrate interest in teaching and concern for student achievement.
4. Know school policies and rules, and enforce them in a fair and consistent manner.
5. Communicate to students and parents:
a. Course objectives and requirements.
b. Marking/grading procedures.
c. Assignment deadlines.
d. Expectations for students.
e. Classroom discipline plan.
6. Communicate with students, parents and other teachers concerning growth and achievement.
C. Guidance Counselors
1. Assist students in coping with peer pressure and emerging personal, social and emotional problems.
2. Initiate teacher/student/counselor conferences and parent/teacher/student/ counselor conferences, as necessary, as a way to resolve problems. Additionally, involve administration in conferences if deemed appropriate.
3. Regularly review with students their educational progress and career plans.
4. Provide information to assist students with career planning.
5 . Encourage students to benefit from the curriculum and extracurricular programs.
D. Principals
1. Promote a safe, orderly and stimulating school environment, supporting active teaching and learning.
2. Ensure that students and staff have the opportunity to communicate regularly with the principal and approach the principal for redress of grievances.
3. Evaluate on a regular basis all instructional programs.
4. Support the development of and student participation in appropriate extracurricular activities.
5. Be responsible for enforcing the code of conduct and ensuring that all cases are resolved promptly and fairly.
E. Superintendent
1. Promote a safe, orderly and stimulating school environment, supporting active teaching and learning.
2. Review with district administrators the policies of the board of education and state and federal laws relating to school operations and management.
3. Inform the board about educational trends relating to student discipline.
4. Work to create instructional programs that minimize problems of misconduct and are sensitive to student and teacher needs.
5. Work with district administrators in enforcing the code of conduct and ensuring that all cases are resolved promptly and fairly.
F. Board of Education
1. Collaborate with student, teacher, administrator, and parent organizations, school safety personnel and other school personnel to develop a code of conduct that clearly defines expectations for the conduct of students, district personnel and visitors on school property and at school functions.
2. Adopt and review at least annually the district’s code of conduct to evaluate the code’s effectiveness and the fairness and consistency of its implementation.
3. Oversee that student/parent handbooks are reviewed annually by administration and that these handbooks mesh with the District Code of Conduct.
4. Lead by example by conducting board meetings in a professional, respectful, courteous manner.
1. Provide a safe and harmonious atmosphere for the students through a program of pupil cooperation and discipline on district buses.
2. Know the school policies and rules, and enforce them in a fair and consistent manner.
3. Communicate with students and parents on discipline problems per procedures.
4. Adhere to all the rules and regulations set down by the Department of Transportation, State Education Department, Department of Motor Vehicles and Vehicle and Traffic Laws pertaining to school bus drivers.
V. Reporting Violations

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

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

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

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

VI. Prohibited Student Conduct

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

The goal of the district’s policy on discipline is that students must learn to assume and accept responsibility for their own behavior, as well as the consequences of their misbehavior. District personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students’ ability to grow in self discipline.

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

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

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

B. Engage in conduct that is insubordinate. Examples of insubordinate conduct include:
1 . Failing to comply with the directions of teachers, school administrators or other school employees in charge of students or otherwise demonstrating disrespect.
2. Lateness, missing or leaving school without permission.
3. Skipping detention.
C. Engage in conduct that is disruptive. Examples of disruptive conduct include:
1. Failing to comply with the directions of teachers, school administrators or other school personnel in charge of students.
2. Student Dress Code
All students are expected to give proper attention to personal cleanliness and to dress appropriately for school and school functions. We encourage parents' under-standing and good judgement as they guide children to come to school dressed appropriately. In order to ensure student safety and for teachers to provide instruction without distraction, the following dress code policies are in effect:

NO choker chains, "dog chains," and other short necklaces.
NO undergarments that are exposed.
NO spaghetti straps, exposed back or midriff, and NO transparent clothing. NO face painting or hair coloring.
NO jackets, backpacks or purses in the classroom. Students should leave these items in their lockers.
NO hats or head scarves. They must be removed before entering the school. Footwear must be worn in school at all times.
Above are EXAMPLES of attire that are viewed as unacceptable at MPS. Also deemed unacceptable are clothing or jewelry that displays expressions (phrases, word or words) or insignia (picture, symbol, patch or pin) that is obscene or libelous (that is, which contains objective language, including insults, whether directed to themselves or others) or that advocates prejudice or is in conflict with the Drug Free Schools Act is forbidden.

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

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

D. Engage in conduct that is violent. Examples of violent conduct include:
1. Committing an act of violence (such as hitting, kicking, punching, and scratching) upon a teacher, administrator or other school employee or attempting to do so.
2. Committing an act of violence (such as hitting, kicking, punching, and scratching) upon another student or any other person lawfully on school property or attempting to do so.
3. Possessing a weapon. Authorized law enforcement officials are the only persons permitted to have a weapon in their possession while on school property or at a school function.
4. Displaying what appears to be a weapon.
5. Threatening to use any weapon.
6. Intentionally damaging or destroying the personal property of a student, teacher, administrator, other district employee or any person lawfully on school property, including graffiti or arson.
7. Intentionally damaging or destroying school district property.
8. Threatening or violent language (verbal or written).
E. Engage in any conduct that endangers the safety, health or welfare of others. Examples of such conduct include:
1. Lying to school personnel.
2. Stealing the property of other students, school personnel or any other person lawfully on school property or attending a school function.
3. Defamation, which includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by de-meaning them.

4 Discrimination, which includes the use of race, color, creed, national origin, religion, gender, sexual orientation or disability as a basis for treating another in a negative manner.
5. Harassment, which includes a sufficiently severe action or a persistent, pervasive pattern of actions or statements directed at an identifiable individual or group which are intended to be or which a reasonable person would perceive as ridiculing or demeaning.
6. Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm.
7. Hazing, which includes any intentional or reckless act directed against another for the purpose of initiation into, affiliating with or maintaining membership in any school sponsored activity, organization, club or team.
8. Selling, using or possessing obscene material.
9. Using vulgar or abusive language, cursing or swearing.
10. Possession or smoking a cigarette, cigar, pipe or using chewing or smoke-less tobacco.
11. Possessing, consuming, selling, distributing or exchanging alcoholic beverages or illegal substances, or being under the influence of either.
(“Illegal substances” include, but are not limited to, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look alike drugs, and any substances commonly referred to as “designer drugs.”)
12. Inappropriately using or sharing prescription and over the counter drugs.
13. Gambling.
14. Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner.
15. Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.
F. It is crucial for students to behave in a responsible manner while riding on District buses. This is necessary not only to ensure their safety and that of other passengers, but also to avoid distracting the bus driver. For these reasons students are required to conduct themselves with the same standards and rules found in their classrooms. Excessive noise, pushing, and fighting will not be tolerated.

Student Conduct on Buses

The District has adopted these regulations as guidelines for dealing with students who act in an unruly manner while on the school bus.

1. All students must behave appropriately as passengers on our school buses.
2. Fighting or physically endangering another student will result in an automatic three day suspension. Major infractions such as smoking, possession of illegal substances, or possession of weapons will also result in an automatic suspension, the time to be determined.
3. Problems of misbehavior on District buses will be addressed in the process. (Copies of all written disciplinary notices will be forwarded to the transportation supervisor and the appropriate building principal).
a. VERBAL WARNING
The bus driver will attempt to correct any discipline problems by asking the student to behave, and, if necessary, to assign seats to certain pupils.
b. FIRST WRITTEN NOTICE:
The bus driver will write a “Disciplinary Notice” and inform the student that he or she is being written up. There can be only one write-up per student per trip. Copies of the write-up will be given to the driver, transportation supervisor, the appropriate building principal, and the parent. The copy given to the driver will describe the action taken.
c. SECOND WRITTEN NOTICE:
The second written notice will follow the same procedure as the first. In addition, a hearing will be scheduled with the parents, building administrator, driver and transportation supervisor. If the parent fails to appear, a summary of the findings will be sent. If warranted, the building principal will suspend the student from bus riding privileges for a maximum of three (3) days.
d. THIRD WRITTEN NOTICE:
The third written notice will follow the same procedure as the first and second and will be reviewed by the Superintendent or his designee. If the facts are confirmed, immediate suspension of bus riding privileges will be automatic. A hearing must be held with the parents to determine when or if the riding privileges will be reinstated. (The

hearing will include the appropriate building principal, parents, bus driver, transportation supervisor, and superintendent of schools).
3. PROCEDURES FOR BUS TRANSPORTATION

a. Waiting for the Bus
1. Students who need bus transportation to school must be on time for the bus.
2. Students must observe all safety precautions while waiting for the bus.
3. Students will not push, pull or chase any other students.
b. Loading the Bus
1. Students will load the bus quickly and be seated at once.
c. Riding the Bus
1. Students will not eat food or drink beverages on the bus.
2. Students will not throw anything while on the bus.
3. Students will not extend their arms or other parts of the body out of the windows.
4. Students will not change seats while the bus is moving.
5. Students will not create excessive noise that may distract the driver and lead to a serious accident.
6. Students will be neat and help keep the bus clean and sanitary.
7. Students will be courteous to each other.
8. Students will listen carefully and obey any directions issued by the driver.
9. Upon boarding the bus in the morning, students remain on the bus until it arrives at school.
10. Students will be allowed to get off the bus in the afternoon prior to arriving at the authorized bus stop only upon written authorization from a parent or guardian.
11. Pupils transported in a school bus are under the authority of and directly responsible to the driver of the bus.

12. Continued disorderly conduct or persistent refusal to submit to the authority of the driver is sufficient reason for a pupil to be denied transportation on a school bus.
13. The driver of any school bus will be responsible for the orderly con-duct of the pupils transported.
14. The driver of the school bus will not place the bus in motion until pupils are seated.
15. No school bus can stop to load or discharge pupils except at stops regularly designated by the school.
16. Smoking in a school bus is prohibited.
17. Using or transporting intoxicating liquor on a school bus is prohibited.
18. No student will be allowed to occupy a position in a school bus that interferes with the vision of the driver in any capacity.
19. Students will not use profane language.
20. Students will keep the center isle of the bus free from book bags, knees, etc.
d. Unloading the bus
1. Students will remain seated until the bus has come to a complete stop and the driver has opened the door.
2. Students will exit the bus quickly but in an orderly manner.
3. Students who must cross a street as they leave a school bus, will do so by walking in front of the bus (never in back) at a distance of at least 15 feet from the bus or have eye contact with the driver.
4. Violation of these rules may result in loss of bus privileges.
G. Engage in any form of academic misconduct. Examples of academic misconduct include:
1. Plagiarism.
2. Cheating.
3. Copying.
4. Altering records.
5. Assisting another student in any of the above actions.
6. Violation of the computer use policy (appendix A).

VII. Disciplinary Responses to Student Misconduct

The purpose of all discipline is to teach students appropriate and constructive behaviors and to change undesired behaviors. Disciplinary measures shall be appropriate to the seriousness of the offense and, where applicable, to the previous discipline record of the student.

This code divides types of misbehaviors into four levels of increasing seriousness, with more stringent disciplinary measures provided for at each level. If an infraction appears to fall between two levels, it should be categorized and dealt with at the less stringent level. At each level there are examples of infractions to be treated at that level. The list is intended to be descriptive rather than exhaustive. Each level also has a description of procedures which school officials should follow in administering discipline, and a menu of disciplinary choices. Because each child and each misbehavior is different, school officials should tailor the discipline for each infraction to best encourage the child to make better choices in the future.
A. Level A
These misbehaviors constitute minor infractions of school rules which cause little harm and minimal disruption. They are best handled quickly and informally. If the behaviors continue, however, their very persistence may make them disruptive enough to cause them to be treated as more serious infractions with more stringent
consequences.
Examples of Infractions
1. Failure to follow instructions
2. Classroom disturbance
3. Minor act of fighting
4. Neglect of safety rules
5. Violations of bus rules
6. Violations of library rules
7. Litter/graffiti
8. Disturbance outside class
9. Violation of study hall privilege
10. Abuse of hall, locker, or library privileges
11. Tardiness
12. Inappropriate language
13. Failure to bring in a note for absence from school
14. Repeated taunting and/or teasing of others

Procedures
1. The supervising staff or observer intervenes and applies the most appropriate discipline.
2. The staff member maintains a record of offenses and actions taken if necessary. A copy of such record shall be shared with the appropriate personnel.
3. A staff member/observer will initiate parental contact and communication.
4. If misbehavior persists, the staff member confers with the principal or the principal’s designee and arranges for parental contact.
Optional Disciplinary Responses
A. Verbal reprimand
B. Seat change
C. Behavioral contract
D. Strict supervised study hall
E. Restriction and/or loss of privileges
F. Special written assignments
G. Recommend and refer for counseling
H. Parental contact and/or conference
I. School/Community Service after school and/or payment of damages
J. Detention
K. Warning letter
L. Referral to in-school or out of school agency
M. Any combination of the above
B. Level B
Misbehaviors included at this level are frequent and/or serious enough to disrupt the learning climate of the school and affect the student’s own ability to learn. Some of these infractions may be a result of misbehaviors which continue even after disciplinary measures are taken under Level A. Because of the frequency and/or seriousness of these misbehaviors, the administrator assumes the major responsibility for corrective action.
Examples of Infractions
1. Unmodified Level A mibehavior
Continued harassment of other students including bullying, taunting, or teasing

2. Repeated misbehavior on the school bus
3. Petty theft
4. Gambling
5. Use of profanity or obscenity
6. Possession or distribution of pornographic materials
7. Leaving school without permission
8. Defiance and insubordination
9. Forgery
10. Cutting scheduled classes or detention
11. Harassment graffiti
12. Truancy
Procedures
1. The teacher or observer reports the infraction or refers the student to the administrator. A written report will be submitted to appropriate personnel.
2. The administrator meets with the student and/or the teacher and deter-mines the most appropriate disciplinary response, and then informs the teacher of the action taken.
3. The parent or person responsible for parental control shall be notified.
4. The administrator maintains a record of the offense and the disciplinary action taken.
Optional Disciplinary Responses
A. Continuation of the more stringent Level A options
B. Recommend or refer for sustained counseling
C. Parental conference
D. Temporary withdrawal of certain privileges or participation in school activities
E. Teacher removal of a student from classroom
F. Suspension of school bus transportation
G. In-school suspension
H. Out-of-school suspension (except for truants)I.
J. Any combination of the above
A.M. detention / p.m. detention / extended p.m. detention
C. Level C
Classified at this level are behaviors which may cause lasting harm to the misbehaving student or which may threaten the health, safety, or emotional well being of others in the school. If the misbehaviors at this level could violate criminal laws, administrators may, if they consider it appropriate, contact law enforcement officials. In most cases, however, these behaviors can best be remediated through disciplinary action at the school.
* Such removal shall be consistent with Section IV (D) of this code. Examples of Infractions
1. Unmodified Level B misbehavior
2. Repeated truancy
3. Use of tobacco products on school property or a school bus
4. Extortion
5. Stealing and/or possession and/or sale of stolen property
6. Physically threatening other students
7. Serious acts of defiance or threatening a teacher or support staff, or an-other student.
8. Fighting (physical harm)
9. Vandalism
10. Possessing, using, or being under the influence of drugs or alcohol on school property or at school sponsored activities
11. Serious disruptive behavior
12. Leaving school grounds without permission
13. Interference in the execution of duties of school personnel
14. Written or electronic communication which demeans or ridicules on the basis of race, gender, ethnicity, sexual orientation, or religion
15. Possessing or using any type of gun on school property or at school events including BB guns, paint ball guns, or pellet guns
Procedures
1. The infraction is reported or the administrator investigates further and confers with staff members on the circumstances and immediate needs

2. The administrator confers with the student and parent or person responsible for parental control about the documented misbehavior, its extent and consequences, and subsequent disciplinary action. If suspension is part of the action, the administrator follows appropriate procedures
3. If appropriate, the administrator contacts law enforcement officials
4. Administrator makes an accurate record of the infraction
5. Written statements are taken as needed
Optional Disciplinary Responses
A. Continuation of appropriate Level B options
B. Full withdrawal from participation in school activities
C. Restitution for damages
D. Referral to outside agency
E. In-school suspension
F. Out-of-school suspension (except for truants)
G. Referral to superintendent for possible hearing
H. Referral to judicial system
I. Any combination of above
D. Level D
Except for unmodified Level C behavior, the acts listed at this level are clearly criminal. They represent a direct and immediate threat to the welfare of others or may result in serious injury to the student, other people, or property. In most cases, they require administrative action which immediately removes the student from school and calls for the intervention of appropriate authorities.
Examples of Infraction
1. Unmodified Level C misbehavior
2. Possession and/or sale of stolen property
3. Extortion from other students
4. Indecent exposure
5. Tampering with a fire alarm
6. Pulling a false alarm
7. Starting a fire on school property
8. Major vandalism
9. Grand theft

10. Possession and/or use of explosives
11. Arson
12. Providing, selling, and use of illegal chemical substances and/or alcohol on school property and/or at school-sponsored activities
13. Making a bomb threat
14. Assault and battery
15. Possession, use, and/or transfer of lethal weapons on school property or at school-related activities
16. Hate crimes (incidents targeting individuals or groups with threats, ‘ridicule, or violence, including written and electronically displayed ridicule)
17. Forcible touching
Procedures
1. Having verified the offense, the administrator meets with all of those involved.
2. The principal initiates procedures according to established policy for excluding the student from school and notifies the parents or persons in parental control immediately
3. The principal informs the superintendent.
4. School officials contact the proper authorities and assist in prosecuting the offender.

5. The principal submits a complete and accurate record to the superintendent for possible Board action.

Optional Disciplinary Responses
A. Full restitution of damages
B. In-school suspension
C. Out-of-school suspension
D. Alternative school
E. Superintendent’s hearing
F. Referral to appropriate agencies
G. Any combination of the above

VIII. Definition of Disciplinary Penalties, Procedures and Referrals

Discipline is most effective when it deals directly with the problem at the time and place it occurs, and in a way that students view as fair and impartial. School personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students’ ability to grow in self discipline.

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

1. The student’s age.
2. The nature of the offense and the circumstances which led to the offense.
3. The student’s prior disciplinary record.
4. The effectiveness of other forms of discipline.
5. Information from parents, teachers and/or others, as appropriate
6. Other extenuating circumstances.
As a general rule, discipline will be progressive. This means that a student’s first violation will usually merit a lighter penalty than subsequent violations. If the conduct of a student is related to a disability or suspected disability, the student shall be referred to the Committee on Special Education and discipline, if war-ranted, shall be administered consistent with the separate requirements of this code of conduct for disciplining students with a disability or presumed to have a disability. A student identified as having a disability shall not be disciplined for behavior related to his/her disability.

A. Penalties
Students who are found to have violated the district’s code of conduct may be subject to the following penalties, either alone or in combination. The school personnel identified after each penalty are authorized to impose that penalty, consistent with the student’s right to due process.
1. Oral warning - any member of the district staff.
2. Written warning - bus drivers, hall and lunch monitors, coaches, guidance counselors, teachers, principal, superintendent.
3. Written notification to parent - bus driver, hall and lunch monitors, coaches, guidance counselors, teachers, principal, superintendent.
4. Detention - teachers, principal, superintendent.
5. A.M. Detention.

6. Extended P.M. Detention.
7. Suspension from transportation - director of transportation, principal, superintendent.
8. Suspension from athletic participation - coaches, principal, superintendent.
9. Suspension from social or extracurricular activities - activity director, principal, superintendent.
10. Suspension of other privileges - principal, superintendent.
11. In-school suspension - principal, superintendent.
12. Removal from classroom by teacher - teachers, principal.
13. Short term (five days or less) suspension from school - principal, superintendent, board of education.
14. Long term (more than five days) suspension from school - principal, superintendent, board of education.
15. Permanent suspension from school - superintendent, board of education.
B. Procedures
The amount of due process a student is entitled to receive before a penalty is imposed depends on the penalty being imposed. In all cases, regardless of the penalty imposed, the school personnel authorized to impose the penalty must in-form the student of the alleged misconduct and must investigate, to the extent necessary, the facts surrounding the alleged misconduct. All students will have an opportunity to present their version of the facts to the school personnel imposing the disciplinary penalty in connection with the imposition of the penalty.

Students who are to be given penalties other than an oral warning, written warning or written notification to their parents are entitled to additional rights before the penalty is imposed. These additional rights are explained below.
1. Detention
Teachers, principals and the superintendent may use after school or before school detention as a penalty for student misconduct in situations where removal from the classroom or suspension would be inappropriate. Detention will be imposed as a penalty only after the student’s parent has been notified to confirm that there is no parental objection to the penalty and the student has appropriate transportation to or from 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. Studentswho become a serious disciplinary problem may have their riding privileges suspended by the building principal or the superintendent or their designees. In such cases, the student’s parent will become responsible for seeing that his or her child gets to and from school safely. Should the suspension from transportation amount to a suspension from attendance, the district will make appropriate arrangements to provide for the student’s education.A student subjected to a suspension from transportation is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the building principal or the principal’s designee to discuss the conduct and the penalty involved.

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

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

5. Teacher disciplinary removal of disruptive students
NOTE: The SAVE legislation provides classroom teachers with a new disciplinary tool for dealing with disruptive students - the ability to remove the disruptive student from the classroom for a specified period of time (§3214 (3 a)).

It is important to note that law authorizes teachers to remove only “disruptive” students, a term that is broadly defined in §3214 (2 a) (b). The removal authority does not apply to violent students. Instead, the SAVE legislation addresses how teachers are to deal with violent students by requiring teachers to "immediately report and refer a violent student to the principal or superintendent for a violation of the code of conduct and a minimum suspension period.." (§3214 (3) (b) (2).

The SAVE legislation and draft regulations do not define the term "removal." This section is included to distinguish between time honored classroom management techniques used by teachers to maintain or restore order in their classrooms and the new disciplinary penalty established by the SAVE legislation teacher removal of a disruptive student from the classroom. It is important to note that the list of classroom management techniques is not exhaustive.

A student’s behavior can affect a teacher’s ability to teach and can make it difficult for other students in the classroom to learn. In most instances the classroom teacher can control a student’s behavior and maintain or restore control over the class-room by using good classroom management techniques. These techniques may include practices that involve the teacher directing a student to briefly leave the classroom to give the student an opportunity to regain his or her composure and self control in an alternative setting. Such practices may include, but are not limited to: (1) short term “time out” in an elementary classroom or in an administrator’s office: (2) sending a student into the hallway briefly; (3) sending a student to the principal’s office for the remainder of the class time only; or (4) sending a student to a guidance counselor or other district staff member for counseling. Time honored classroom management techniques such as these do not constitute disciplinary removals for purposes of this code.

On occasion, a student’s behavior may become disruptive. For purposes of this code of conduct, a disruptive student is a student who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom. A substantial disruption of the educational process or substantial interference with a teacher’s authority occurs when a student demonstrates a persistent unwillingness to comply with the teacher’s instructions or repeatedly violates the teacher’s classroom behavior rules.

A classroom teacher may remove a disruptive student from class for up to two days of equivalent instruction (for students in grades 6-12 this will be for the specific class and students in K-6 for a two hour block of time). The removal from class applies to the class of the removing teacher only.

A complete copy of the District Code of Conduct
is available in the District Office