student+conduct

1. Do not arbitrarily ban the use of cell phones, pagers, PDAs, and other electronic devices by students unless there is sufficient evidence of disruption or improper use. 2. If permitted, develop specific guidelines governing the conditions under which these devices may be used. 3. If not permitted for general use, allow for exceptional cases involving medical emergencies or other special circumstances that warrant the use of these devices. 4. Policies or guidelines should always be guided by a sense of fairness and due consideration for the unique and personal needs of students. 5. School officials may determine if students are allowed to use personal digital assistants.
 * Student Discipline 7310R**
 * Administrative Guide Cell Phones, Pagers, PDAs, and Other Electronic Devices**

1. The essential focus of due process is fundamental fairness. 2. Due process provides a remedy for students against arbitrary or capricious acts by school officials. 3. The level of due process is a function of the seriousness of the threat to deprive students of their liberty or property interests. 4. Procedural or substantive due process singularly is of no value to school officials, unless the requirements of both aspects are met when they contemplate depriving students of liberty and property interests. 5. Fairness is not always absolute. What constitutes fairness in one situation may be totally unfair in another. The courts use a balancing test to determine the appropriateness of the procedures that should apply in a given situation.
 * Administrative Guide Due Process**

**3.1 School Conduct and Discipline** SUBJECT: SCHOOL CONDUCT AND DISCIPLINEThe Board of Education acknowledges its responsibility to protect the educational climate of theDistrict and to promote responsible student behavior. Accordingly, the Board delegates to theSuperintendent the responsibility for assuring the implementation of a // Code of Conduct for the //Maintenance of Order on School Property, including school functions, which shall govern the conduct of students as well as teachers, other school personnel, and visitors. School property shall mean 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 Section 142. A school function shall mean a school-sponsored or school-authorized extracurricular event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state. The Board shall further provide for the enforcement of such Code of Conduct, which shall be developed in collaboration with student, teacher, administrator, and parent organizations, school safety personnel and other personnel and shall incorporate, at a minimum, those components addressed in law and enumerated in Policy #3410 -- // Code of Conduct on School Property //. Specific components may vary as appropriate to student age, building levels, and educational needs. In accordance with the // Code of Conduct on School Property //, areas addressing student conduct and behavior will further utilize the following strategies in promoting acceptable student behavior: a) A bill of rights and responsibilities of students that focuses upon positive student behavior, and is publicized and explained to all students on an annual basis; b) A Code of Conduct for student behavior setting forth prohibited student conduct and the range of penalties that may be imposed for violation of such Code, that is publicized and disseminated to all students and parents/guardians on an annual basis pursuant to law;c) Strategies and procedures for the maintenance and enforcement of public order on school property that shall govern the conduct of all persons on school premises, in accordance with Section 2801 of the Education Law and accepted principles of due process of law;d) Procedures within each building to involve student service personnel, administrators, teachers, parents/guardians and students in the early identification and resolution of discipline problems. For students identified as having disabilities, procedures are included for determining when a student's conduct shall constitute a reason for referral to the Committee on Special Education for review and modification, if appropriate, of the student's individualized education program;e) Alternative educational programs appropriate to individual student needs;f) Disciplinary measures for violation of the school policies developed in accordance with subparagraphs b) and c) of this paragraph. Such measures shall be appropriate to the seriousness of the offense and, where applicable, to the previous disciplinary record of the student. Any suspension from attendance upon instruction may be imposed only in accordance with Section 3214 of the Education Law; andg) Guidelines and programs for in-service education for all District staff to ensure effective implementation of school policy on school conduct and discipline. Education Law Sections 2801 and 32148 New York Code of Rules and Regulations (NYCRR) Section 100.2(l)(2)NOTE: Refer also to Policy #3410 -- Code of Conduct on School Property
 * Regulation: Discipline 7310R**
 * 23:1. Must a school district adopt a code of conduct?**

Yes. All school districts, boards of cooperative educational services (BOCES), and county vocational extension boards must adopt and enforce a code of conduct for the maintenance of order on school property and at school functions. The code must govern the conduct of students, teachers, other school personnel, and visitors ( 2801(2); 8 NYCRR 100.2(l)(2)(i)). The code must be reviewed annually and updated if necessary, taking into consideration the effectiveness of the code, and the fairness and consistency of its administration ( 2801(5); 8 NYCRR 100.2(l)(2)(i), (iii)(a)). It also must be filed with the commissioner of education no later than 30 days after adoption of the code or revisions to the code (//Id//.). For purposes of a school districts code of conduct, the term //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 school. It also means in or on a school bus ( 2801(1)), whether owned and operated by a district or by a carrier a district contracts with for the transportation of its students (//Appeal of M.H.//, 43 Ed Dept Rep 210 (2003)). In connection with a code of conduct, the term //school function// refers to school-sponsored or school-authorized extra-curricular event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state (//Id.//).


 * 23:2. Are there any specific requirements regarding the contents of a districts code of conduct?**

Yes. At a minimum, a code of conduct must include the following: Provisions regarding conduct, dress and language that is deemed both appropriate and acceptable, and inappropriate and unacceptable, on school property and at school functions; and acceptable civil and respectful treatment of teachers, school administrators, other school personnel, students and visitors on school property and at school functions; as well as the appropriate range of disciplinary measures which may be imposed for code violations, and the roles of teachers, administrators, other school personnel, the school board and parents. Standards and procedures to assure the security and safety of students and school personnel. Provisions for the removal of students and other persons who violate the code from the classroom, school property, and school functions. The period for which a disruptive student may be removed from a classroom for each incident, subject to the provisions of section 3214(3-a)(c) of the Education Law. Disciplinary measures for incidents involving the possession or use of illegal substances or weapons, the use of physical force, vandalism, violation of another students civil rights and threats of violence. Provisions for the detention, suspension, and removal of students from the classroom, and the establishment of policies and procedures to ensure the provision of continued educational programming and activities for such students including alternative educational programs appropriate to individual student needs. Procedures for reporting and determining violations of the code and for imposing and carrying out disciplinary measures. Provisions for ensuring the code and enforcement of the code comply with state and federal laws relating to students with disabilities. Procedures for notifying parents of code violations, and local law enforcement agencies of code violations that constitute a crime. The circumstances and procedures for filing a complaint in criminal court, and a juvenile delinquency or person in need of supervision petition in family court; and for making referrals to appropriate human service agencies. A student bill of rights and responsibilities that focuses on positive student behavior that must be publicized and explained to all students annually. Guidelines and programs for in-service education programs for all district staff to ensure effective implementation of the code. The minimum suspension period for violent students and students who repeatedly are substantially disruptive of the educational process or substantially interfere with the teachers authority over the classroom. This minimum suspension period may be reduced on a case-by-case basis to be consistent with any other state and federal law ( 2801(2); 8 NYCRR 100.2(l)(2)(ii)).


 * 23:3. Who must be deemed a student who repeatedly is substantially disruptive of the educational process or interferes with a teachers authority over the classroom under a districts code of conduct?**

For purposes of a school districts code of conduct, a student who //repeatedly is disruptive of the educational process or substantially interferes with the teachers authority over the classroom// is one who engages in conduct that results in the removal of the student from the classroom by a teacher on four or more occasions during a semester, or three or more occasions during a trimester, as applicable ( 2801(2)(l); 8 NYCRR 100.2(l)(2)(ii)(m)).


 * 23:4. Who must be deemed a violent pupil under a districts code of conduct?**

For purposes of a school districts code of conduct, a //violent pupil// refers to an elementary or secondary school student under age 21 who: commits an act of violence upon a teacher, administrator, or other school employee; or who while on school property does so upon another student or any other person lawfully there; while on school property possesses a gun, knife, explosive or incendiary bomb, or other dangerous instrument capable of causing physical injury or death, or displays what appears to be the same; while on school property threatens to use any instrument that appears capable of causing physical injury or death; or knowingly and intentionally damages or destroys district property or the personal property of a teacher, administrator, other school district employee or any person lawfully on school property ( 2801(2)(m), 3214(2-a)(a)).


 * 23:5. Is there a process school districts must follow to adopt or revise their code of conduct?**

Yes. The code must be developed in cooperation with student, teacher, administrator, and parent organizations; and school safety and other school personnel ( 2801(3); 8 NYCRR 100.2(l)**(**2)(i)). In addition, the code must be reviewed annually and updated if necessary, taking into consideration the effectiveness of code provisions and the fairness and consistency of its administration ( 2801(5)). School boards and boards of cooperative educational services (BOCES) may adopt the code or revisions to the code of conduct only after at least one public hearing that provides for the participation of school personnel, parents, students, and other interested parties ( 2801(3); 8 NYCRR 100.2(l)(2)(i), (iii)(a)). Districts may establish a committee comprised of similar individuals to facilitate review of the code ( 2801(5)(a); 8 NYCRR 100.2(l)(2)(iii)(a)). Districts must file their code of conduct and any revisions thereto with the commissioner of education within 30 days of adoption ( 2801(5)(a); 8 NYCRR 100.2(l)(2)(iii)(a)). In New York City, the chancellor of the city school district approves a city-wide code of conduct and any revisions thereto. Community district education councils may adopt and implement additional policies consistent with the city-wide code of conduct, subject to approval by the chancellor ( 2801(3), (5); 8 NYCRR 100.2(l)(2)(i), (iii)(a)).


 * 23:6. Must school districts make public their code of conduct?**

Yes. School districts must ensure community awareness of their code of conduct by: providing copies of a summary of the code to all students at a general assembly held at the beginning of each school year; mailing a plain language summary of the code to students parents before the beginning of the school year, and making such summary available thereafter upon request; providing each teacher with a copy of the code and any amendments thereto; and making copies available for review by students, parents or other persons in parental relation to students, non-teaching staff, and other community members ( 2801(4); 8 NYCRR 100.2(l)(2)(iii)(b)).


 * 23:7. Can a school districts code of conduct provide for the automatic suspension of students who engage in certain types of behavior?**

Yes, in some cases. Generally, a school districts code of conduct may not provide for the automatic suspension of students who engage in certain types of behavior without regard to the circumstances giving rise to the code violation (8 NYCRR 100.2(l)(1)(i)(f); //Appeal of a Student with a Disability//, 33 Ed Dept Rep 101 (1993); //Appeal of Nuttall//, 30 Ed Dept Rep 351 (1991)). However, a code of conduct must include a minimum period of suspension for violent students (see **23:4**), and students who repeatedly are substantially disruptive of the educational process, or substantially interfere with a teachers authority over the classroom (//Id//.). That minimum period may be reduced on a case-by-case basis ( 2801(2)(l), (m); 3214(2-a)(a)); 8 NYCRR 100.2(l)(2)(ii)(m), (n)). In addition, pursuant to federal and state law, students deemed to have brought or possessed a firearm at school, must be suspended for a minimum period of one calendar year, subject to modification on a case-by-case basis by the school superintendent (20 USC 7151(b)(1); 3214(3)(d); see **23:6270**).


 * 23:8. May a school district discipline students for off-campus misconduct?**

Yes. For example, in one case, the commissioner of education upheld the long-term suspension of two students who stole another students cell phone and book bag after disembarking the school bus at the end of the school day (//Appeal of W.T.//, 46 Ed Dept Rep 363 (2007)). He also upheld the suspension and exclusion from graduation exercises of a high school senior who fired a BB gun at another students car and three other students off-campus and brought a BB gun to a dinner held for school football players and their families (//Appeal of Orman//, 39 Ed Dept Rep 811 (2000)). Similarly, the commissioner upheld the suspension of students who purchased handguns off-campus (//Appeal of R.C.//, 41 Ed Dept Rep 446 (2002)). In other cases, the commissioner has upheld the long-term suspension of a student who e-mailed an offensive, threatening message from his home computer to other students home computers (//Appeal of Ravick//, 40 Ed Dept Rep 262 (2000)), and students who agreed to meet to fight a few blocks from school (//Appeal of K.S.//, 43 Ed Dept Rep 492 (2004)). The authority to discipline students for off-campus misconduct is not limited to incidents occurring during the school year. For example, the commissioner upheld the suspension of students who threw eggs at the home and car of a teacher during the summer recess (//Appeal of T.W. & P.K.//, 46 Ed Dept Rep 154 (2006)).


 * 23:9. Can a school district discipline students for the unintentional consequences of their actions?**

Yes, if the unintentional consequence is the direct result of an action that violates the code of conduct. That was the case, for example where a teacher who intervened in an altercation between two students was pushed into a desk and fell on her back. The student unsuccessfully argued that he was not guilty of pushing the teacher because it was not intentional (//Appeal of A.W.//, 46 Ed Dept Rep 367 (2007)). **3.1.3 Suspension of Students**
 * Regulation: Guidelines for Student Suspensions 7313R**

SUBJECT: SUSPENSION OF STUDENTS The Superintendent and/or the Principal may suspend the following students from required attendance upon instruction: a) A student who is insubordinate or disorderly; or b) A student who is violent or disruptive; or c) A student whose conduct otherwise endangers the safety, morals, health or welfare of others.

**Suspension** Five (5) School Days or Less The Superintendent and/or the Principal of the school where the student attends shall have the power to suspend a student for a period not to exceed five (5) school days. In the absence of the Principal, the designated "Acting Principal" may then suspend a student for a period of five (5) school days or less. When the Superintendent or the Principal (the "suspending authority") proposes to suspend a student for five (5) school days or less, the suspending authority shall provide the student with ** notice **of the charged misconduct. If the student denies the misconduct, the suspending authority shall provide an ** explanation ** of the basis for the suspension. When suspension of a student for a period of five (5) school days or less is proposed, administration shall also immediately notify the parent/person in parental relation in writing that the student // may be // suspended from school. Written notice shall be provided by personal delivery, express mail delivery, or equivalent mean reasonably calculated to assure receipt of such notice within twenty-four (24) hours of the decision to propose suspension at the last known address or addresses of the parents/persons in parental relation. Where possible, notification shall also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting parents/persons in parental relation. The notice shall provide a description of the incident(s) for which suspension is proposed and shall inform the student and the parent/person in parental relation of their right to request an immediate informal conference with the Principal in accordance with the provisions of Education Law Section 3214(3)(b). Both the notice and the informal conference shall be in the dominant language or mode of communication used by the parents/persons in parental relation. At the informal conference, the student and/or parent/person in parental relation shall be authorized to present the student's version of the event and to ask questions of the complaining witnesses. The notice and opportunity for informal conference shall take place ** prior to ** suspension of the student unless the student's presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, in which case the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practical. Teachers shall immediately report or refer a violent student to the Principal or Superintendent for a violation of the // District's Code of Conduct // and a minimum suspension period. More Than Five (5) School Days In situations where the Superintendent determines that a suspension in excess of five (5) school days may be warranted, the student and parent/person in parental relation, upon reasonable notice, shall have had an opportunity for a fair hearing. At the hearing, the student shall have the right of representation by counsel, with the right to question witnesses against him/her, and the right to present witnesses and other evidence on his/her behalf. Where the basis for the suspension is, in whole or in part, the possession on school grounds or school property by the student of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, stiletto or any of the weapons, instruments or appliances specified in Penal Law Section 265.01, the hearing officer or Superintendent shall not be barred from considering the admissibility of such weapon, instrument or appliance as evidence, notwithstanding a determination by a court in a criminal or juvenile delinquency proceeding that the recovery of such weapon, instrument or appliance was the result of an unlawful search or seizure. Minimum Periods of Suspension Pursuant to law, Commissioner's Regulations and the // District's Code of Conduct //, minimum periods of suspension shall be provided for the following prohibited conduct, subject to the requirements of federal and state law and regulations: a) Consistent with the federal Gun-Free Schools Act, any student who is determined to have brought a firearm to school or possessed a firearm on school premises shall be suspended for a period of not less than one (1) calendar year. However, the Superintendent has the authority to modify this suspension requirement on a case-by-case basis. b) A minimum suspension period for students who repeatedly are substantially disruptive of the educational process or substantially interfere with the teacher's authority over the classroom, provided that the suspending authority may reduce such period on a case-bycase basis to be consistent with any other state and federal law. The definition of "repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher's authority" shall be determined in accordance with the Regulations of the Commissioner. c) A minimum suspension period for acts that would qualify the student to be defined as a violent student pursuant to Education Law Section 3214(2-a)(a), provided that the suspending authority may reduce such period on a case-by-case basis to be consistent with any other state and federal law.

__**Suspension of Students with Disabilities**__ Generally, should a student with a disability infringe upon the established rules of the schools, disciplinary action shall be in accordance with procedures set forth in the // District's Code of Conduct // and in conjunction with applicable law and the determination of the Committee on Special Education (CSE). For suspensions or removals up to ten (10) school days in a school year that do not constitute a disciplinary change in placement, students with disabilities must be provided with alternative instruction or services on the same basis as non-disabled students of the same age. If suspension or removal from the current educational placement constitutes a disciplinary change in placement because it is for more than ten (10) consecutive school days or constitutes a pattern, a manifestation determination must be made. The District determines on a case-by-case basis whether a pattern of removals constitutes a change of placement. This determination is subject to review through due process and judicial proceedings. **Manifestation Determinations** A review of the relationship between the student's disability and the behavior subject to disciplinary action to determine if the conduct is a manifestation of the disability must be made by a manifestation team immediately, if possible, but in no case later than ten (10) school days after a decision is made: a) By the Superintendent to change the placement to an interim alternative educational setting (IAES); b) By an Impartial Hearing Officer (IHO) to place the student in an IAES; or c) By the Board, District Superintendent, Superintendent or Building Principal to impose a suspension that constitutes a disciplinary change of placement.

The manifestation team shall include a representative of the District knowledgeable about the student and the interpretation of information about child behavior, the parent and relevant members of the CSE as determined by the parent and the District. The parent must receive written notice prior to the meeting to ensure that the parent has an opportunity to attend. This notice must include the purpose of the meeting, the names of those expected to attend and notice of the parent's right to have relevant members of the CSE participate at the parent's request. The manifestation team shall review all relevant information in the student's file including the student's individualized education program (IEP), any teacher observations, and any relevant information provided by the parents to determine if: the conduct in question was caused by or had a direct and substantial relationship to the student's disability; or the conduct in question was the direct result of the District's failure to implement the IEP. If the team determines the conduct in question was the direct result of failure to implement the IEP, the District must take immediate steps to remedy those deficiencies.

**Finding of Manifestation** If it is determined, as a result of this review, that the student's behavior is a manifestation of his/her disability the CSE shall conduct a functional behavioral assessment, if one has not yet been conducted, and implement or modify a behavioral intervention plan. Functional behavioral assessment (FBA) means the process of determining why the student engages in behaviors that impede learning and how the student's behavior relates to the environment. FBA must be developed consistent with the requirements of Commissioner's Regulations Section 200.22(a) and shall include, but not be limited to, the identification of the problem behavior, the definition of the behavior in concrete terms, the identification of the contextual factors that contribute to the behavior (including cognitive and affective factors) and the formulation of a hypothesis regarding the general conditions under which a behavior usually occurs and probable consequences that serve to maintain it. Behavioral intervention plan (BIP) means a plan that is based on the results of a functional behavioral assessment and, 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. Unless the change in placement was due to behavior involving serious bodily injury, weapons, illegal drugs or controlled substances, the student must be returned to the placement from which the student was removed unless the parent and the District agree to a change of placement as part of the modification of the behavioral intervention plan.

**No Finding of Manifestation** If it is determined that the student's behavior is not a manifestation of his/her disability, the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner and for the same duration for which they would be applied to students without disabilities, subject to the right of the parent/person in parental relation to request a hearing objecting to the manifestation determination and the District's obligation to provide a free, appropriate public education to such student. **Provision of Services Regardless of the Manifestation Determination** Regardless of the manifestation determination, students with a disability shall be provided the services necessary for them to continue to participate in the general education curriculum and progress toward meeting the goals set out in their IEP. They must also receive, as appropriate, a functional behavioral assessment, behavioral intervention services and modifications designed to address the behavior violation so it does not recur:

a) For subsequent suspensions or removals for ten (10) consecutive school days or less that in the aggregate total more than ten (10) school days in a school year but do not constitute a disciplinary change of placement school personnel, in consultation with at least one of the student's teachers, will determine the extent to which services are needed; b) For suspensions or other disciplinary removals in excess of ten (10) school days in a school year which do constitute a disciplinary change in placement the IAES and services will be determined by the CSE. **Interim Alternative Educational Setting (IAES)** Students with disabilities who have been suspended or removed from their current placement for more than ten (10) school days may be placed in an IAES which is a temporary educational setting other than the student's current placement at the time the behavior precipitating the IAES placement occurred. Additionally, an Impartial Hearing Officer in an expedited due process hearing may order a change in placement of a student with a disability to an appropriate IAES for up to forty-five (45) school days if the Hearing Officer determines that maintaining the current placement is substantially likely to result in injury to the students or others. There are three (3) specific instances when a student with a disability may be placed in an IAES for up to forty-five (45) school days without regard to a manifestation determination: a) Where the student carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of the District; or b) Where a student 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 jurisdiction of the District; or c) Where a student has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the District. Serious bodily harm has been defined in law to refer to one of the following: 1. Substantial risk of death; 2. Extreme physical pain; or 3. Protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty.

A school function shall mean a school-sponsored or school-authorized extracurricular event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state. School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a student with a disability who violates a code of student conduct. In all cases, the student placed in an IAES shall: a) Continue to receive educational services so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress towards the goals set out in the student's IEP, and b) Receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur. The period of suspension or removal may not exceed the amount of time a non-disabled student would be suspended for the same behavior. **Suspension From BOCES** The BOCES Principal may suspend School District students from BOCES classes for a period not to exceed five (5) school days when student behavior warrants such action. **In-School Suspension** In-school suspension will be used as a lesser discipline to avoid an out-of-school suspension. The student shall be considered present for attendance purposes. The program is used to keep each student current with his/her class work while attempting to reinforce acceptable behavior, attitudes and personal interaction. **BOCES Activities** BOCES activities, such as field trips and other activities outside the building itself, are considered an extension of the school program. Therefore, an infraction handled at BOCES is to be considered as an act within the School District itself. A student who is ineligible to attend a District school on a given day may also be ineligible to attend BOCES classes. The decision rests with the superintendent or his/her designee.

**Exhaustion of Administrative Remedies** If a parent/person in parental relation wishes to appeal the decision of the Building Principal and/or Superintendent to suspend a student from school, regardless of the length of the student's suspension, the parent/person in parental relation must appeal to the Board of Education prior to commencing an appeal to the Commissioner of Education.

**Procedure After Suspension** When a student has been suspended and is of compulsory attendance age, immediate steps shall be taken to provide alternative instruction which is of an equivalent nature to that provided in the student's regularly scheduled classes. When a student has been suspended, the suspension may be revoked by the Board of Education whenever it appears to be for the best interest of the school and the student to do so. The Board of Education may also condition a student's early return to school and suspension revocation on the student's voluntary participation in counseling or specialized classes, including anger management or dispute resolution, where applicable. The following are among the types of discipline school districts may impose for violations of their student disciplinary code: Verbal warning. Written warning. Written notification to parents or guardians. Probation. Reprimand. Detention. Suspension from transportation. Suspension from participation in athletic events. Suspension from social or extracurricular activities. Suspension from other privileges. Exclusion from a particular class. In-school suspension. Suspension from school not in excess of five days. Suspension from school in excess of five days. School districts that allow the use of a time out room as part of their behavior management approach must make sure their policies and procedures on the use of a time out room comply with commissioners regulations regarding physical and monitoring requirements, parental rights and individualized education program (IEP) requirements for students with disabilities (8 NYCRR 200.22(c)). For example, the physical space used as a time out room must be unlocked, able to be opened from the inside, and provide a means for continuous visual and auditory monitoring of the student at all times (8 NYCRR 200.22(c)(5), (6)). In addition, staff must be assigned to continuously monitor students in a time out room (8 NYCRR 200.22(c)(7)). Furthermore, school districts must specify in a students IEP when the students behavioral intervention plan (BIP) (see **24:90**) includes the use of a time out room. Parents must be informed prior to the initiation of a BIP that incorporates such use and, upon request, they must be shown the physical space that will be used as a time out room (8 NYCRR 200.22(c)(2), (4)).
 * 23:10. What types of disciplinary penalties may school districts impose on students who violate their code of conduct?**

A disciplinary penalty is appropriate as long as it is proportionate to the severity of the misconduct for which it is being imposed (//Appeal of F.W.//, 48 Ed Dept Rep 399 (2009); //Appeal of L.O. & D.O.//, 47 Ed Dept Rep 194 (2007); //Appeal of L.L.//, 45 Ed Dept Rep 217 (2005)). It would not be appropriate if it is so excessive as to warrant substitution of the commissioners judgment for that of school officials (//Appeal of F.W.; Appeal of L.O. & D.O.//; //Appeal of N.V.,// 46 Ed Dept Rep 138 (2006); //Appeal of L.L.//). In addition, districts may not impose a harsher penalty on a student merely because the student does not cooperate with their investigation of an incident and does not admit guilt (//Appeal of Kier//, 39 Ed Dept Rep 210 (1999)). However, districts may impose a harsher penalty for certain types of misconduct than others, such as a greater penalty for drugs than for tobacco or alcohol misconduct (see //Appeal of J.P.//, 44 Ed Dept Rep 204 (2004)).
 * 23:11. What constitutes an appropriate disciplinary penalty?**

A district may use detention as a penalty for misconduct for which suspension would be inappropriate. However, teachers and administrators may keep a student for after school detention only if there is no parental objection and the student has appropriate transportation home (//After School Detention Memorandum to School Administrators and Pupil Service Personnel,// NYS Education Department (Mar. 1996), available online at http://www.emsc.nysed.gov/sss/lawsregs/afterschooldetention1996.html). Students who fail to attend detention may be kept from participating in school activities such as field trips (//Matter of Kubinski//, 26 Ed Dept Rep 348 (1987)). Failure to attend detention also may result in the imposition of an in-school suspension (//Appeal of G.H.L.//, 46 Ed Dept Rep 571 (2007); see **23:53**).
 * 23:12. What rules apply to the use of detention as a disciplinary penalty?**


 * 23:13. What rules apply to the suspension of students from school transportation?**

A suspension from transportation services does not require a full, formal hearing as required in school suspension cases (see **23:4261**) because a suspension from transportation, in and of itself, does not affect a students right to attend school. Instead, all that is required is an opportunity to informally discuss the facts underlying the suspension (//Appeal of R.D.//, 42 Ed Dept Rep 237 (2003); //Appeal of Hale//, 30 Ed Dept Rep 26 (1990)). Districts must be reasonably certain that the student being suspended from transportation services was involved in the misconduct supporting the suspension (//Appeal of Hale//). However, where suspending a student from school transportation amounts to a suspension from school attendance because of the distance between home and school and the unavailability of an alternative public or private means of transportation, a district must make appropriate arrangements to provide for the students education (//Matter of Stewart//, 21 Ed Dept Rep 654 (1982)). Special rules that apply to the discipline of students with disabilities may impact a schools ability to suspend such students transportation (see **chapter 24**).

School districts may suspend or exclude students from extracurricular activities pursuant to a school boards authority to establish both reasonable standards of conduct for participation in such activities (//Appeal of J.P.//, 44 Ed Dept Rep 204 (2004); //Appeal of G.M.D.//, 43 Ed Dept Rep 289 (2003)), and academic standards as prerequisites for eligibility for extracurricular activities ( 1709(2), (3); //Matter of Clark//, 21 Ed Dept Rep 542 (1982)). Moreover, a suspension from extracurricular activities does not require a full, formal hearing. All that is required is that the student and his or her parents be given an opportunity to discuss the factual situation informally with the district official authorized to impose the discipline (//Sala v. Warwick Valley CSD//, 2009 U.S. Dist. LEXIS 67353 (S.D.N.Y. July 29, 2009); //Mazevski v. Horseheads CSD//, 950 F.Supp. 69 (W.D.N.Y. 1997); //Appeal of Miller//, 49 Ed Dept Rep 465 (2009); //Appeal of D.K.//, 48 Ed Dept Rep 276 (2008)). A school district may reduce the period of duration of such a suspension conditioned on a students agreement to adhere to the school district code of conduct for students (//Sala v. Warwick CSD//; see also **23:33**). Such an agreement would not insulate the student from future suspensions from extracurricular activities based on additional violations of the code of conduct (//Id.//). The commissioner of education has upheld a board policy that required attendance at 10 insight classes for students who consumed alcohol during an extracurricular activity, in lieu of suspending such students from the extracurricular activity (//Appeal of Douglas & Judy H.//, 36 Ed Dept Rep 224 (1996)). The commissioner also has upheld the imposition of a more severe penalty on athletes than on non-athletes involved in the same disciplinary incident, which consisted of the athletes suspension from the team pursuant to school policy in addition to a one-day school suspension (//Appeal of Wright//, 38 Ed Dept Rep 756 (1999); see also //Appeal of Shramek//, 39 Ed Dept Rep 577 (2000)).
 * 23:14. Under what circumstances may school districts suspend or exclude students from extracurricular activities?**

No, unless the students misconduct is related to his or her academic performance. That would be the case where a student cheats on an examination or is illegally absent to avoid taking a test (//Appeal of Pappas,// 39 Ed Dept Rep 310 (1999); //Matter of Augustine//, 30 Ed Dept Rep 13 (1990); //Matter of Caskey//, 21 Ed Dept Rep 138 (1981); //Matter of MacWhinnie//, 20 Ed Dept Rep 145 (1980)). The assignment of a grade of zero as a penalty for cheating will not be deemed arbitrary or capricious where a student is found to have compromised the integrity of even one portion of an examination, after a full investigation and opportunity for the student to present his version of the incident. However, a full evidentiary hearing is not required (//Appeal of a Student with a Disability//, 48 Ed Dept Rep 94 (2008)).
 * 23:15. Can school districts lower a students grade as a form of discipline?**

No. Involuntary transfers are not an authorized penalty for student misconduct. Moreover, such a transfer requires a separate procedure the purpose of which is to determine whether the proposed transfer would be beneficial to the student (//Matter of Reeves//, 37 Ed Dept Rep 271 (1998); see also //Appeal of a Student Suspected of Having a Disability,// 40 Ed Dept Rep 212 (2000); //Appeal of Mangaroo//, 37 Ed Dept Rep 578 (1998); see 3214(5); **19:3436**). Accordingly, it would be inappropriate to require that, after completion of a long term suspension (see **23:45**), a student transfer to a board of cooperative educational services program (//Appeal of T.C.//, 44 Ed Dept Rep 316 (2005)).
 * 23:16. Can school districts involuntarily transfer students from one school to another as a penalty for student misconduct?**

No. The Rules of the Board of Regents specify that no teacher, administrator, officer, employee, or agent of a school district or board of cooperative educational services (BOCES) may use corporal punishment against a student (8 NYCRR 19.5(a); see //Appeal of City Sch. Dist. of the City of Elmira//, 30 Ed Dept Rep 68 (1990)). //Corporal punishment// consists of any act of physical force upon a student for the purpose of punishing that student (8 NYCRR 19.5(b), 100.2(l)(3)(i)). However, in situations where alternative procedures and methods not involving the use of physical force cannot reasonably be employed, the use of reasonable physical force is permissible to: Protect oneself, another student, teacher, or any person(s) from physical injury. Protect the property of the school or others. 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 (8 NYCRR 19.5(c), 100.2(l)(3)(i); see //Appeal of Taber//, 32 Ed Dept Rep 346 (1992)). School districts must submit to the commissioner of education a written report on corporal punishment complaints, by January 15 and July 15 each year. The report must include the substance of each complaint about the use of corporal punishment received by local school authorities during the reporting period, the results of each investigation, and the action, if any, taken by the school authorities in each case (8 NYCRR 100.2(l)(3)(ii)).
 * 23:17. Can districts use corporal punishment to address student behavior?**

The use of physical restraints may be used only when no other methods of controlling a students behavior would be effective. The use of physical force to restrain a student from engaging in problem behaviors cannot be used as a substitute for systematic behavioral interventions that are designed to change, replace, modify, or eliminate a targeted behavior. Staff implementing the use of physical restraints must be appropriately trained in the safe and effective use of such intervention (8 NYCRR 200.22(d)).
 * 23:18. Can districts use physical restraints to address student behavior?**

Not generally. The Rules of the Board of Regents and commissioners regulations also prohibit the use of //aversive interventions,// defined as interventions intended to induce pain or discomfort to a student for the purpose of eliminating or reducing maladaptive behavior. They include, for example, any form of noxious painful or intrusive spray, inhalant or tastes; the denial or delay of meals; and movement limitations used as punishment. They do not include such interventions as voice control, limited to loud, firm commands; time-limited ignoring of a specific behavior; token fines as part of a token economy system; brief physical prompts to interrupt or prevent a specific behavior; interventions medically necessary for the treatment or protection of the student; or other similar interventions (8 NYCRR 19.5(b)(2); 200.1(lll)). The only exception to the prohibition against the use of aversive interventions applies to child-specific cases involving school-age students with disabilities, subject to compliance with the procedures established in section 200.22(e) of the commissioners regulations (see also //Alleyne v. NYS Educ. Dept//, 516 F.3d 96 (2d Cir. 2008)). The NY State Education Departments Memorandum on //Requirements Relating to the Use of Behavioral Interventions and Supports// (Sept. 2009), provides guidance on the use of aversive interventions and time out rooms. It is available at http://www.vesid.nysed.gov/specialed/publications/policy/BImemo-909.htm.
 * 23:19. Can districts use aversive interventions to address student behavior?**

No. A school district has no authority to impose a community service requirement as a penalty under section 3214 of the Education Law (//Appeal of L.H.//, 43 Ed Dept Rep 315 (2003); //Appeal of R.M & L.M//, 43 Ed Dept Rep 155 (2003); //Appeal of Cynthia & Robert W.//, 37 Ed Dept Rep 437 (1998); see **23:10**).
 * 23:20. May districts impose community service as a penalty for student misconduct?**

No. A school district has no authority to condition a students school attendance on participation in counseling services (//Appeal of L.H.//, 43 Ed Dept Rep 315 (2003); //Appeal of R.M. & L.M.//, 43 Ed Dept Rep 155 (2003); //Appeal of Jayme K.//, 40 Ed Dept Rep 114 (2000)). However, a school district may recommend counseling in circumstances where a student may benefit from such services (//Id//.). In addition, it may condition a suspension revocation (see **23:30**) or a students early return from suspension (see **23:33**) on the students voluntary participation in counseling or specialized classes, including anger management or dispute resolution, where applicable ( 3214(3)(e); //Appeal of B.L.G.//, 50 Ed Dept Rep _, dec. no. 16,101 (2010)).
 * 23:21. May districts require counseling as part of a penalty for student misconduct?**

No, a school district is not permitted to order a psychological or psychiatric examination as part of a penalty. If the district determines that such an examination is warranted, the proper avenue is to refer the student to the districts committee on special education (//Appeal of Pinckney//, 37 Ed Dept Rep 284 (1998)).
 * 23:22. May school districts require a psychological or psychiatric examination as part of a penalty for student misconduct?**

No. School districts may not suspend from school a student for truancy, as such a penalty is inconsistent with the educational goal of encouraging children to regularly attend and participate fully in school (//Appeal of Ackert//, 30 Ed Dept Rep 31 (1990)). On the other hand, an in-school suspension for truancy is acceptable if the alternative education provided is adequate (//Appeal of Kainz//, 38 Ed Dept Rep 339 (1998); //Appeal of Miller//, 35 Ed Dept Rep 451 (1996); see **23:10,** **23:53**).
 * 23:23. Is a school suspension a permissible penalty for truant students?**

c) Network accounts are to be used only by the authorized owner of the account for authorized purposes. Students are only to use school computers that are designated for student use. d) Network users identifying a security problem or questionable material on the District system must notify the teacher in charge. Do not demonstrate the problem to anyone. e) The teacher in charge must approve the use of personal disks on the network computers. f) Student personal e-mail is prohibited. If student e-mail is deemed necessary for educational reasons, then students may be granted a temporary account until the end of their project by the technology coordinator. g) Personal information about oneself or any other individual shall not be shared over the Internet. h) It is the responsibility of each student to make sure that copyrighted materials on the network be used in accordance with District policy and applicable law. Students are not to make unauthorized copies of any software materials found on the network without written permission of the copyright owner. i) Only students with prior experience or instruction shall be authorized to use the network. j) Students are responsible for all files received via modem or Internet connections. It is each student's responsibility to keep explicit material, inappropriate files and files dangerous to the integrity of the network from being downloaded onto the network. Possession of hacking software will be grounds for disciplinary action. k) Using the network for any illegal activities is prohibited. This includes, but not limited to, tampering with computer hardware or software, unauthorized entry into computers, or knowledgeable vandalism or destruction of computer files. Downloading programs from the Internet to school computers is prohibited. The use of school computers to construct personal web sites is prohibited. l) Use of the network for personal and private business is prohibited. m) Hate mail, harassment, spamming, pranks, harassment, discriminatory remarks and other antisocial behaviors are prohibited on the network.
 * Students SUBJECT: ACCEPTABLE USE POLICY FOR THE INTERNET, LOCAL AREA NETWORK, COMPUTER AND RELATED TECHNOLOGY EQUIPMENT 7314** a) All use of the District's network must be in support of education and research and consistent with the mission of the Southwestern Central Schools. b) Students may use the Internet only if they have a valid educational purpose and are being supervised by an adult staff member.

Not as such. Generally, school boards have the authority to prescribe the course of study in the schools of their districts (§§ 1709(3), 1804(1); Bd. of Educ., Island Trees UFSD No. 26 v. Pico, 457 U.S. 853 (1982); Appeal of Bd. of Educ. of the Whitehall CSD, 44 Ed Dept Rep 246 (2005)). However, there are seven general curriculum areas school districts must provide instruction in. These include English language arts, mathematics, science and technology, social studies, languages other than English, the arts, health, physical education and family and consumer sciences, and career development and occupational studies (8 NYCRR §§ 100.2(t), 100.3, 100.4, 100.5). In addition, districts must provide to all students in kindergarten through 12th grade instruction in the following areas: · Acquired immune deficiency syndrome (AIDS) (8 NYCRR § 135.3(b)(2), (c)(2)). Recommended guidelines for instruction are available from the State Education Department (SED). No Title I or other Elementary and Secondary Education Act (ESEA) funds may be used to provide HIV-prevention education “unless that instruction is age appropriate and includes the health benefits of abstinence” (20 USC § 7906)). · Human rights issues, including the study of the inhumanity of genocide and slavery (§ 801). · Civility, citizenship, patriotism and character education (§ 801-a; 8 NYCRR § 100.2(c)(1)). Grants for partnership programs in character education are available under the federal Elementary and Secondary Education Act (20 USC § 7247). · Respect for the American flag, its display and use, and certain holidays such as Lincoln and Washington’s birthday, Memorial Day and Flag Day (§ 802; 8 NYCRR §§ 100.2(c)(7), 108.4, 108.6, 108.7). · Child abduction prevention (§ 803-a). · Highway safety and traffic regulation (§ 806; 8 NYCRR § 100.2(c)(4)). · Drug, alcohol, and tobacco misuse and abuse (§§ 804, 806-a, 3028-a; 8 NYCRR §§ 100.2(c)(3), 135.3(a)). Junior and senior high school students must show their knowledge of this subject area through testing, a graded project or report, or other means prescribed by school authorities (§ 804(3)). An integrated K-12 health education curriculum that includes instruction in these areas is available from the State Education Department. · Fire drills and safety drills on school buses (§§ 807, 3623(1)(c); 8 NYCRR §§ 100.2(c)(5), 156.3(f)). · Fire and arson prevention, injury prevention and life safety, including the dangers of falsely reporting a criminal incident, an impending explosion or fire emergency involving danger to life or property, an impending catastrophe, or a life safety emergency (§ 808; 8 NYCRR § 100.2(c)(5)). · Conservation of natural resources (§ 810; 8 NYCRR § 100.2(c)(9)). Elementary school students also must receive instruction in the humane treatment and protection of animals and birds (§ 809(1); 8 NYCRR § 100.2(c)(8)). High school students also must receive instruction on methods of preventing and detecting certain cancers (§ 804(3-a)), and parenting skills, including the consequences and prevention of shaken baby syndrome (§ 804-b; 8 NYCRR § 100.5(a)(3)(vi)). Districts may provide instruction on Internet safety (§ 814). Suggested curricula and resources are available on SED’s Web site at http://www.emsc.nysed.gov. Those that provide instruction on cardiopulmonary resuscitation (CPR), must instruct students on the correct use of automated external defibrillators (§§ 804-c, 804-d).
 * 25:36. Is there a state-prescribed curriculum that school districts must follow?**

The Board of Education recognizes that the misuse of drugs, alcohol and/or tobacco is a serious problem with legal, physical, emotional and social implications for the entire community. Therefore, the consumption, sharing and/or selling, use and/or possession of alcoholic beverages, tobacco products, illegal drugs, counterfeit and designer drugs, or paraphernalia for the use of such drugs is prohibited at any school-sponsored function, on school grounds and on school buses at all times. The inappropriate use of prescription and over-the-counter drugs shall also be disallowed. Persons shall be banned from entering school grounds or school-sponsored events when exhibiting behavioral, personal or physical characteristics indicative of having used or consumed alcohol or other substances. A school-sponsored function shall mean a school-sponsored or school authorized extracurricular event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state. In accordance with Penal Law Section 220.00 for purposes of controlled substances offenses:
 * 3.2 Alcohol, Tobacco, Drugs And Other Substances (Students)** **Regulation 7320R**

a) "School grounds" means (a) in or on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of the District's schools, or (b) any area accessible to the public located within one thousand (1,000) feet of the real property boundary line comprising any such school or any parked automobile or other parked vehicle located within one thousand (1,000) feet of the real property boundary line comprising any District school. An "area accessible to the public" shall mean sidewalks, streets, parking lots, parks, playgrounds, stores and restaurants. b) "School bus" means every motor vehicle owned by the District and operated for the transportation 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. Through the collaborative efforts of staff, students, parents/guardians and the community as a whole, a comprehensive program shall be developed addressing alcohol, tobacco, drugs, and other substances to include the following elements:

**Primary Prevention** Preventing or delaying alcohol, tobacco, drugs, and other substance use/abuse by students shall be the major focus of a comprehensive Pre-K through 12 program in which proactive measures of prevention and early intervention are emphasized. This program shall include: a) A sequential Pre-K through 12 curriculum based on recognized principles of effectiveness that is developed and incorporated into the total educational process. This curriculum shall be concerned with education and prevention in all areas of alcohol, tobacco, drugs, and other substances use/abuse; b) Training school personnel and parents/guardians to reinforce the components of the policy through in-service and community education programs with up-to-date factual information and materials; c) An effort to provide positive alternatives to alcohol, tobacco, drugs, and other substances use/abuse through the promotion of drug/tobacco/alcohol-free special events, service projects and extracurricular activities that will develop and support a positive peer influence.

**Intervention** School-based intervention services shall be made available to all students, grades Pre-K through 12, and provided by prevention professionals who are appropriately trained in this area. The purpose of intervention is to eliminate any existing use/abuse of alcohol, tobacco, drugs, and other substances and to identify students considered to be at risk for use/abuse. Intervention programming shall include:

a) Counseling of students in groups and as individuals on alcohol, tobacco, drugs, and other substance use/abuse. Counselors shall be appropriately trained and skilled school staff assigned for this purpose; b) Referring students to community or other outside agencies when their use/abuse of alcohol, tobacco, drugs, and other substances requires additional counseling or treatment. Referral is a key link in school and community efforts and the process is basic to the dissemination of information regarding available counseling and health services; c) Providing a supportive school environment designed to continue the recovery process for students returning from treatment. A re-entry program may include continuing student and/or family counseling and emphasizing positive alternatives to alcohol, tobacco, drugs, and other substance use/abuse; d) Developing a parent network to serve as a support group and provide a vehicle of communication for parent education; e) Ensuring confidentiality as required by state and federal law. **Disciplinary Measures** Disciplinary measures for students consuming, sharing and/or selling, using and/or possessing alcoholic beverages, tobacco products, illegal drugs, counterfeit and designer drugs, or paraphernalia for the use of such drugs shall be outlined in the // District's Code of Conduct on School Property //.

**Staff Development** There shall be ongoing training of District staff about the components of an effective alcohol, tobacco and other substances program. Training shall include, but not be limited to, District policies and regulations and the staff's role in implementing such policies and regulations. Teachers shall be trained to implement the District's Pre-K through 12 alcohol, tobacco, drugs and other substance prevention curricula; intervention staff shall be suitably trained to carry out appropriate services. **Implementation, Dissemination and Monitoring** It shall be the responsibility of the Superintendent to implement the alcohol, tobacco, drugs, and other substances Board policy by collaboration with school personnel, students, parents/guardians and the community at large. Additionally, copies of Board policy shall be disseminated to District staff, parents/guardians and community members. The Superintendent/designee shall periodically review the tobacco, drugs and alcohol abuse prevention program to determine its effectiveness and support appropriate modifications, as needed. Safe and Drug-Free Schools and Communities Act, as reauthorized by the No Child Left Behind Act of 2001 20 United States Code (USC) Section 7101 et seq.
 * 20:31. May school districts test students for the use of illegal drugs?**

Yes, but only upon the written request or consent of the childs parent or person in parental relation ( 912-a(2); //Appeal of Studley//, 38 Ed Dept Rep 258 (1998); see also **22:31**). If parental authorization is obtained, the Education Law permits urine testing of students in grades 712 for detection of use of dangerous drugs as defined in the Penal Law ( 912-a(1)). These tests must be conducted without notice to the student ( 912-a(2)). If the test result indicates that the student is using dangerous drugs, the district must report such information to the local social services department and to the parent or person in parental relation, including a statement as to available programs and facilities to combat dangerous drug usage (//Id.//). The test results may not be used for law enforcement purposes and must be kept confidential ( 912-a(3)). The law also contains an exemption from testing based on religious considerations ( 912-a(4)).


 * 20:32. May school districts test students for the use of alcohol?**

Although the commissioner of education has not answered this question directly, he has upheld the discipline of a student who attended a school-sponsored Senior Ball, was suspected of having consumed alcohol and was tested with an Alco-sensor (breathalyzer). In that case, the commissioner noted that the device had been borrowed from the town police on the day of the dance. In addition, the school official who administered the test had been trained in the use of the device, and had consulted with police officers before administering the test to make sure it was performed properly. Upon its return, the police checked the calibration of the device and found it to be accurate (//Appeal of James L.//, 39 Ed Dept Rep 482 (2000)). **Hornell Central School District**
 * 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 best discipline is self-imposed, and the 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. A. Students may be subject to disciplinary action, up to and including suspension from school, when they engage in conduct that is disorderly. Examples of disorderly conduct include:

• Running in hallways • Making unreasonable noise. • Using language or gestures that are profane, lewd, vulgar or abusive. • Obstructing vehicular or pedestrian traffic. • Engaging in any willful act, which disrupts the normal operation of the school community. • Trespassing. Students are not permitted in any school building, other than the one they regularly attend, without permission from the administrator in charge of the building. Furthermore, students’ access to their own building for extra-curricular activities and events is limited to the area designated for said activity or event. • Inappropriate electronic communications • Misuse or unauthorized use of computers, software, or Internet/intranet account or accessing inappropriate websites • Any other violation of the district’s acceptable use policy.

B. Engage in conduct that is insubordinate. Examples of insubordinate conduct include: • Failing to comply with the reasonable directions of teachers, school administrators or other school employees in charge of students or otherwise demonstrating disrespect. • Lateness for, missing or leaving school without permission. • Skipping detention.

C. Engage in conduct that is disruptive. Examples of disruptive conduct include: • Failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of students.

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

E. Engage in any conduct that endangers the safety, morals, health or welfare of others. Examples of such conduct include: • Lying to school personnel. • Stealing the property of other students, school personnel or any other person lawfully on school property or attending a school function. 6 • Defamation, which includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them. • Discrimination, which includes the use of race, color, creed national origin, religion, gender, sexual orientation or disability as a basis for treating another in a negative manner. • 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. • Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm. • Hazing, which includes any intentional or reckless act directed against another for the purpose initiation into, affiliating with or maintaining membership in any school sponsored activity, organization, club or team. • Selling, using or possessing obscene material. • Using vulgar or abusive language, cursing or swearing. • Possessing or smoking a cigarette, cigar, pipe or using chewing or smokeless tobacco. • 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”. • Inappropriately using or sharing prescription and over the counter drugs. • Gambling. • Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner. • Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.

F. Engage in misconduct while on a school bus. It is crucial for students to behave appropriately while riding on district buses to ensure their safety and that of other passengers and to avoid distracting the bus driver. Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Excessive noise, pushing, shoving and fighting will not be tolerated.

G. Engage in any form of academic misconduct. Examples of academic misconduct include: • Plagiarism • Cheating • Copying • Altering records • Assisting another student in any of the above actions VIII. DISCIPLINARY PENALTIES, PROCEDURES AND REFERRALS
 * Amherst Central School**

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 selfdiscipline. 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. Inormation 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 of Special Education and discipline, if warranted, shall be administered consistent with the separate requirements for 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.

• Oral warning – any member of the district staff • Written warning – bus drivers, hall and lunch monitors, coaches, guidance counselors, teachers, building administrator, superintendent • Written notification to parent – bus driver, hall and lunch monitors, coaches, guidance counselors, teachers, building administrator, superintendent • Detention – teachers, building administrator, superintendent • Suspension from transportation – director of transportation, building administrator, superintendent • Suspension from athletic participation – coaches, athletic director, building administrator, superintendent • Suspension from social or extracurricular activities – activity advisor, building administrator superintendent • Suspension of other privileges – building administrator, superintendent • Alternative Learning Center – building administrator, superintendent • Removal from classroom by teacher – teachers, building administrator • Short term (five days or less) suspension from school – principals, superintendent, Board of Education • Long term (more than five days) suspension from school – superintendent, Board of Education • Permanent suspension from school – superintendent, Board of Education. 8

B. Procedures

The amount of due process a student is entitled to receive before a penalty is imposed depends on the penalty being imposed. In all cases, regardless of the penalty imposed, the school personnel authorized to impose the penalty must inform the student of the alleged misconduct and must investigate, to the extent necessary, the facts surrounding the alleged misconduct. All students will have an opportunity to present their version of the facts to the school personnel imposing the disciplinary penalty in connection with the imposition of the penalty. Students who are to be given penalties other than an oral warning, written warning or written notification to their parents are entitled to additional rights before the penalty is imposed. These additional rights are explained below.

1. DETENTION

Teachers, principals and the superintendent may use after school detention as a penalty for student misconduct in situations where removal from the classroom or suspension would be innappropriate.

2. SUSPENSION FROM TRANSPORTATION

If a student does not conduct himself/herself properly on a bus, the bus driver is expected to bring such misconduct to the building principal’s attention. Students who become a serious disciplinary problem may have their riding privileges suspended by the building principal or the superintendent or their designees. In such cases, the student’s parent will become responsible for seeing that his or her child gets to and from school safely. A student subjected to a suspension from transportation is not entitled to a full hearing pursuant to Education Law S 3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with building principal or the principal’s designee to discuss the conduct and penalty involved.

3. SUSPENSION FROM ATHLETIC PARTICIPATION, EXTRA CURRICULAR ACTIVITIES AND OTHER PRIVILEGES

A student subjected to a suspension form athletic participation, extra-curricular activities or other privileges is not entitled to a full hearing pursuant to Education Law S3214. 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. ALTERNATIVE LEARNING CENTER (ALC)

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 “alternative learning center”. A student subjected to time in the alternative learning center is not entitled to a full hearing pursuant to Education Law S3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the district officialimposing ALC to discuss the conduct and the penalty involved.

5. TEACHER DISCIPLINARY REMOVAL OF DISRUPTIVE STUDENTS

A student’s behavior can affect a teacher’s ability to teach and can make it difficult for other students in the classroom to learn. In most instances the classroom teacher can control a student’s 9 behavior and maintain or restore control over the classroom by using good classroom management techniques. These techniques may include practices that involve the teacher directing a student to briefly leave the classroom to give the student an opportunity to regain his or her composure and self-control in an alternative setting. Such practices may include, but are not limited to:

• Short term “time out” in an elementary classroom or in an administrator’s office. • Sending a student into the hallway briefly. • Sending a student to the principal’s office for the remainder of the class time only. • 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 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. A classroom teacher may remove a disruptive student from class for up to two days. The removal from class applies to the class of the removing teacher only. If the disruptive student does not pose a danger or ongoing threat of disruption to the academic process, the teacher must provide the student with an explanation for why he or she is being removed and an opportunity to explain his or her version of the relevant events before the student is removed. Only after the informal discussion may a teacher remove a student from class. If the student poses a danger or ongoing threat of disruption, the teacher may order the student to be removed immediately. The teacher must, however, explain to the student why he or she was removed from the classroom and give the student a chance to present his or her version of the relevant events within 24 hours. The teacher must complete a district-established disciplinary removal form and meet with the principal or designee as soon as possible, but no later than the end of the school day, to explain the circumstances of the removal and to present the removal form. If the principal or designee is not available by the end of the same school day, the teacher must leave the form with the secretary and meet with principal or designee prior to the beginning of classes on the next school day. Within 24 hours after the student’s removal, the principal or another district administrator designated by the principal must notify the student’s parents, in writing, that the student has been removed from class and why. The notice must also inform the parent that he or she has the right upon request to meet informally with the principal or the principal’s designee to discuss the reasons for the removal. The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice with 24 hours of the student’s removal at the last known address for the parents. Where possible, notice should also be provided by telephone if the school has been provided with telephone number(s) for the purpose of contacting parents. The principal may require the teacher who ordered the removal to attend the informal conference. If at the informal meeting the student denies the charges, the principal or the principal’s designee must explain why the student was removed and give the student and the student’s parents a chance to present the student’s version of the relevant events. The informal meeting must be held with 48 hours of the student’s removal. The timing of the informal meeting may be extended by mutual agreement of the parent and principal. The principal or the principal’s designee may overturn the removal of the student from class if the principal finds any one of the following:

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

The principal or designee may overturn a removal at any point between receiving the referral form issued by the teacher and the close of business on the day following the 48 hour period for the informal conference, 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. Any disruptive student removed from the classroom by the classroom teacher shall be offered continued educational programming and activities until her or she is permitted to return to the classroom. Each teacher must keep a complete log (on a district form) for all cases of removal of students from his or her class. The principal must keep a log of all removals of students from class. Removal of a student with a disability, under certain circumstances, may constitute a change in the student’s placement. Accordingly, no teacher may remove a student with disability from his or her class until he or she has verified with the principal or the chairperson of the Committee on Special Education that the removal will not violate the student’s rights under state or federal law or regulation.


 * 6. SUSPENSION FROM SCHOOL**

Suspension from school is a severe penalty, which may be imposed only upon students who are insubordinate, disorderly, violent or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others. The Board retains its authority to suspend students, but places primary responsibility for the suspension of students with superintendent and the building principals.Any staff member may recommend to the superintendent or the principal that a student be suspended. All staff members must immediately report and refer a violent student to the principal or the superintendent for a violation of the code of conduct. All recommendations and referrals shall be made in writing unless the conditions underlying the recommendation or referral warrant immediate attention. In such cases a written report is to be prepared as soon as possible by the staff member recommending the suspension. The superintendent or principal, upon receiving a recommendation or referral for suspension or when processing a case for suspension, shall gather the facts relevant to the matter and record them for subsequent presentation, if necessary. **Short-term (5 days or less) suspension from school** When the superintendent or principal (referred to as the “suspending authority”) proposes to suspend a student charged with misconduct for five days or less pursuant to Education Law S3214(3), the suspending authority must immediately notify the student orally. If the student denies the misconduct, the suspending authority must provide an explanation of the basis for the proposed suspension. The suspending authority must also notify the student’s parents in writing that the student may be suspended from school. The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the 11 notice within 24 hours of the decision to propose suspension at the last known address for the parents. Where possible, notice should also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting the parents. The notice shall provide a description of the charges against the student and the incident for which suspension is proposed and shall inform the parents of the right to request an immediate informal conference with the principal. Both the notice and informal conference shall be in the dominant language or mode of communication used by the parents. At the conference, the arents shall be permitted to ask questions of complaining witnesses under such procedures as the principal may have established.

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

When the superintendent or building principal determines that a suspension for more than five days may be warranted, he or she shall give reasonable notice to the student and the student’s parents of their right to a fair hearing. At the hearing the student shall have the right to be represented by counsel, the right to question witnesses against him or her and the right to present witnesses and other evidence on his or her behalf. The superintendent shall personally hear and determine the proceeding or may, in his or her discretion, designate a hearing office to conduct the hearing. The hearing officer shall be authorized to administer oaths and to issue subpoenas in conjunction with the proceeding before him or her. A record of the hearing shall be maintained, but no stenographic transcript shall be required. A tape recording shall be deemed a satisfactory record. The hearing officer shall make findings of fact and recommendations as to the appropriate measure of discipline to the superintendent. The report of the hearing officer shall be advisory only, and the superintendent may accept all or any part thereof. An appeal of the decision of the superintendent may be made to the Board that will make its decision based solely upon the record before it. All appeals to the Board must be in writing and submitted to the district clerk within 10 business days of the date of the superintendent’s decision, unless the parents can show that extraordinary circumstances precluded them from doing so. The Board may adopt in whole or in part the decision of the superintendent. Final decision of the Board may be appealed to the Commissioner within 30 days of the decision.

Permanent suspension

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


 * 1. Students who bring a weapon to school**

Any student, other than a student with a disability, guilty of bringing a weapon onto school property will be subject to suspension from school for at least one calendar year. Before being suspended, the student will have an opportunity for a hearing pursuant to Education Law S3214. 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:

a. The student’s grade in school. b. The student’s prior disciplinary record. c. The supeintendent’s belief that other forms of discipline may be more effective. d. The student’s age. e. Input from parents, teachers and/or others. f. Other extenuating circumstances. g. A student with a disability may be suspended only in accordance with the requirements of state and federal laws.

Any student, other than a student with a disability, who is found to have committed a violent act, other than bringing a weapon onto school property, shall be subject to suspensions from school for at least five days. If the proposed penalty is the minimum five-day suspension, the student and the student’s parents will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed penalty exceeds the minimum five-day suspension, the student and the student’s parents will be given the same notice and opportunity for a hearing given to all students subject to a long term suspension. The superintendent has the authority to modify the minimum five-day suspension on a case-bycase basis. In deciding whether to modify the penalty, the superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon. 3. Students who are repeatedly substantially disruptive of the educational process or repeatedly substantially interferes with the teacher’s authority over the classroom. Any student, other than a student with a disability, who repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom will be suspended from school for at least five days. For purposes of this code of conduct, “repeatedly is substantially disruptive” means engaging in conduct that results in the student being removed from the classroom by teacher(s) pursuant to Education Law S3214(3-a) and this code on four or more occasions during a semester or three or more occasions during a trimester. If the proposed penalty is the minimum five-day suspension, the student and the student’s parent will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed penalty exceeds the minimum five-day suspension, the student and the student’s parent will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The superintendent has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.