I. Introduction

The Chenango Valley Central School District’s 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/guardians and other visitors is essential to achieving this goal. The district has a long-standing set of expectations for conduct on school property and at school functions. These expectations are based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty, and integrity. The Board recognizes the need to clearly define these expectations for acceptable conduct on school property, 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 (“Code”). Unless otherwise indicated, this Code applies to all students, school personnel, parents/guardians, and other visitors when on school property or attending a school function.

II. Definitions

For purposes of this Code, the following definitions apply: “Disruptive student” means an elementary or secondary student under the age of 21 who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom or interferes with a bus driver’s ability to safely operate a school bus. “Parent” means parent, guardian or person in parental relation to a student. “Employee” means any person receiving compensation from a school district or employee of a contracted service provider or worker placed within the school under a public assistance employment program, pursuant to Title Nine-B of Article Five of the Social Services Law, and consistent with the provisions of such title for the provision of services to such district, its students or employees, directly or through contract, whereby such services performed by such persons involve direct student contact (Education Law §§11[4] and 1125[3]). “School property” means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school, or in or on a school bus (Education Law § 11[1]).

“School Bus” means every motor vehicle owned by a public or governmental agency or private school and operated for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity, to or from school or school activities, or, privately owned and operated for compensation for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities (Education Law §11[1] and Vehicle and Traffic Law §142). “School function” means any school-sponsored extracurricular event or activity (Education Law §11[2]). “Violent student” means a student under the age of 21 who:

1. Commits an act of violence upon a school employee or attempts to do so.
   
   
2. Commits, while on school property or at a school function, an act of violence upon another student or any other person lawfully on school property or at the school function or attempts to do so.
   
   
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 Section 921 as amended for purposes of the Gun-Free Schools Act. It also means any guns, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger, dirk, razor, stiletto, pocketknife, 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.

“Disability” means (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term must be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held (Education Law §11[3] and Executive Law §292[21]).

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

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

“Sexual orientation” means actual or perceived heterosexuality, homosexuality, or bisexuality (Education Law §11[5]).

“Gender” means actual or perceived sex and shall include a person’s gender identity or expression (Education Law §11[6].

“Hazing” is a form of harassment which involves committing an act against a student or coercing a student into committing an act that creates a risk of or causes emotional, physical, psychological harm to a person, in order for the student to be initiated or affiliated with a student or other organization, or for any other purpose. Consent or acquiescence is no defense to hazing: i.e., the implied or expressed consent of a person or persons to hazing shall not be a defense to discipline under this policy.

“Sexting” refers to an act of sending sexually explicit photos, images, text messages, or e-mails by using a cell phone or other electronic device.

III. Dignity Act Coordinators

At least one (1) employee in every school shall be designated as a Dignity Act coordinator and instructed in the provisions of this subdivision and thoroughly trained in methods to respond to human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender and sex.

1. The designation of each Dignity Act coordinator shall be approved by the Chenango Valley Central School District Board of Education.
   
   
2. The name(s) and contact information for the Dignity Act coordinator(s) shall be shared with all school personnel, students, and persons in parental relation, which shall include, but is not limited to, providing the name, designated school and contact information of each Dignity Act coordinator by:

1. Listing such information in the Code of Conduct and updates posted on the Internet website of the Chenango Valley Central School District. Chenango Valley’s Dignity Act coordinators are as follows: Mrs. Alyssa Bryant - Port Dickinson Elementary School Principal, Mrs. Jennifer Yurko - Chenango Bridge Elementary School Principal, Mrs. Megan Preston - Middle School Principal, and Mrs. Jennifer Ostrander - High School Principal;
2. Including such information in the plain language summary of the Code of Conduct provided to all persons in parental relation to students before the beginning of each school year, pursuant to 8 NYCRR 100.2(L)(2)(iii)(b)(3);
3. Include such information in at least one (1) district or school mailing per school year to parents and persons of parental relation and, if such information changes, in at least one (1) subsequent district or school mailing as soon as practicable thereafter;
4. Posting such information in highly visible areas of school buildings; and
5. Making such information available at the district and school-level administrative offices.

3. In the event a Dignity Act coordinator vacates his or her position, another school employee shall be immediately designated for an interim appointment as coordinator, pending approval of a successor coordinator by the applicable governing body as set forth in subparagraph (i) of this paragraph within 30 days of the date the position was vacated. In the event a coordinator is unable to perform the duties of his or her position for an extended period of time, another school employee shall be immediately designated for an interim appointment as coordinator, pending return of the previous coordinator to his or her duties as coordinator.

IV. Dignity for All Training

Commencing in the 2012-13 school year and continuing in each school year thereafter, the following Dignity for All School Employee Training program regulations have been implemented in an effort to promote a positive school environment that is free from discrimination and harassment and to discourage and respond to incidents of discrimination and/or harassment on school property or at a school function.

1. Training is to be conducted for all instructional and non-instructional employees of the Chenango Valley Central School District.
   
   
2. Training is to raise awareness and sensitivity to potential acts of discrimination or harassment directed at students by students or school employees on school property or at school functions including but not limited to discrimination or harassment based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender, or sex.
   
   
3. Training is to raise awareness and sensitivity to potential acts of discrimination and harassment through cyberbullying/texting.
   
   
4. Training is to enable employees to prevent and respond to incidents of discrimination and harassment.
   
   
5. Training is to include guidelines relating to the development of nondiscriminatory instructional and counseling methods.
   
   
6. Training is to be conducted as needed and may be implemented and conducted in conjunction with existing professional development.

V. Dignity Act Policies and Guidelines

In accordance with Education Law §13, and in addition to the other policies contained in this Code, the district shall maintain and implement the following policies and guidelines regarding the Dignity Act:

1. School employees who witness harassment, bullying or discrimination or receive an oral or written report of harassment, bullying or discrimination, must promptly orally notify the principal or Superintendent not later than one (1) school day after such school employee witnesses or receives a report of harassment, bullying or discrimination, and file a written report with the principal or Superintendent not later than two (2) school days after making such oral report.

2. The principal or Superintendent shall lead or supervise a thorough investigation of all reports of harassment, bullying and discrimination, and ensure that such investigation is completed promptly after receipt of any written reports made under this section.
   
   
3. When an investigation reveals any such verified harassment, bullying or discrimination, the school shall take prompt actions reasonably calculated to end the harassment, bullying or discrimination, eliminate any hostile environment, create a more positive school culture and climate, prevent recurrence of the behavior, and ensure the safety of the student or students against whom such harassment, bullying or discrimination was directed. Such actions shall be measured, balanced, and age-appropriate responses to instances of harassment, bullying or discrimination by students, with remedies and procedures following a progressive model that make appropriate use of intervention, discipline and education, vary in method according to the nature of the behavior, the developmental age of the student and the student’s history of problem behaviors, and are consistent with this Code of Conduct.
   
   
4. The principal, Superintendent or the Dignity Act Coordinator(s) shall notify promptly the appropriate local law enforcement agency when there is a belief that any harassment, bullying or discrimination constitutes criminal conduct.
   
   
5. Retaliation against any individual who, in good faith, reports, or assists in the investigation of, harassment, bullying or discrimination shall be strictly prohibited.
   
   
6. The principal shall make a regular report on data and trends related to harassment, bullying and discrimination to the Superintendent.
   
   
7. The school, at least once during each school year, shall provide all school employees, students and parents/guardians with a written or electronic copy of the school district's Dignity Act policies, or a plain-language summary thereof, including notification of the process by which students, parents/guardians and school employees may report harassment, bullying and discrimination. Additionally, the school shall maintain current versions of the district’s Dignity Act policies on the school district's internet website.

VI. Students Rights and Responsibilities

A. Student Bill of Rights

The district is committed to safeguarding the rights given to all students under state and federal law and to provide students with a safe school climate focused on positive behavior. In addition, to promote a safe, healthy, orderly, and civil school environment, all district students have the right to:

1. Take part in all district activities on an equal basis regardless of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, and sex.
   
   
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 receive an explanation of those rules in an age-appropriate manner on at least an annual basis 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 property.
   
   
2. Be familiar with and abide by all district policies, rules and regulations dealing with student conduct.
   
   
3. Attend school every day unless they are legally excused and be in class, on time, and prepared to learn.
   
   
4. Work to the best of their ability in all academic and extracurricular pursuits and strive toward their highest level of achievement possible.
   
   
5. React to direction given by teachers, administrators and other school personnel in a respectful, positive manner.
   
   
6. Work to develop mechanisms to control their anger.
   
   
7. Ask questions when they do not understand.
   
   
8. Seek help in solving problems that might lead to discipline.
   
   
9. Dress according to the Code of Conduct for school and school functions.
   
   
10. Accept responsibility for their actions.
    
    
11. Report infractions of the Code of Conduct to a teacher, administrator, or other school personnel, including but not limited to oral or written reports of instances of discrimination, harassment or bullying.
    
    
12. Conduct themselves as representatives of the district when participating in or attending school-sponsored extracurricular events and to hold themselves to the highest standards of conduct, demeanor, and sportsmanship.

VII. Essential Partners

A. Parents/Guardians

All parents/guardians are expected to:

1. Recognize that the education of their children is a joint responsibility of the parents/guardians 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 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 all school personnel, other parents/guardians and their children’s friends.
   
   
10. Help their children deal effectively with peer pressure.
    
    
11. Report infractions of the Code of Conduct, including but not limited to instances of discrimination or harassment.
    
    
12. Inform school officials of changes in the home situation that may affect student conduct or performance.
    
    
13. Provide a place for study and ensure homework assignments are completed.

B. Cafeteria Staff

1. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender or sex, which will strengthen students’ confidence and promote learning.
   
   
2. Create and maintain a kitchen/dining area that is clean and safe.
   
   
3. Provide a selection of food that will encourage the students to eat a healthy and nutritious meal.
   
   
4. Encourage students to conduct themselves in such a manner that will produce an atmosphere that is appropriate for dining.
   
   
5. Confront issues of discrimination and harassment or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function.
   
   
6. Address personal biases that may prevent equal treatment of all students in the school or classroom setting.
   
   
7. Report infractions of the Code of Conduct, including but not limited to instances of discrimination or harassment.

C. Transportation/Custodial Staff

1. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender or sex, which will strengthen students’ confidence and promote learning.

2. Provide a clean and healthy environment for the entire school community in all buildings, buses and on school property.
   
   
3. Maintain and promote safety in all areas of their jurisdiction.
   
   
4. Inform supervisors and/or administrators of any area of concern that might jeopardize the health and safety of any student or staff member.
   
   
5. Confront issues of discrimination and harassment or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function.
   
   
6. Address personal biases that may prevent equal treatment of all students in the school or classroom setting.
   
   
7. Report infractions of the Code of Conduct, including but not limited to instances of discrimination or harassment.

D. Support Staff

1. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender or sex, which will strengthen students’ confidence and promote learning.
   
   
2. Assist in maintaining a climate that is conducive to teaching and learning.
   
   
3. Provide support and assistance to the staff that will enable them to do their job more efficiently and effectively.
   
   
4. Provide support and assistance to the students that will enable them to obtain the maximum benefits from their educational program.
   
   
5. Confront issues of discrimination and harassment or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function.
   
   
6. Address personal biases that may prevent equal treatment of all students in the school or classroom setting.
   
   
7. Report infractions of the Code of Conduct, including but not limited to instances of discrimination or harassment.

E. Teachers

All district teachers are expected to:

1. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender or sex, which will strengthen students’ confidence and promote learning.
   
   
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/guardians:
   1. Course objectives and requirements
   2. Marking/grading procedures
   3. Assignment deadlines
   4. Expectations for students
   5. Classroom discipline plan
      
      
6. Communicate regularly with students, parents/guardians and other teachers concerning growth and achievement.
   
   
7. Confront issues of discrimination and harassment or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function.
   
   
8. Address personal biases that may prevent equal treatment of all students in the school or classroom setting.
   
   
9. Report infractions of the Code of Conduct, including but not limited to instances of discrimination or harassment.

F. School Counselors/Social Workers/Psychologists

1. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender or sex, which will strengthen students’ confidence and promote learning.
   
   
2. Assist students in coping with peer pressure and emerging personal, social and emotional problems.
   
   
3. Initiate teacher/student/counselor conferences and parent/guardian/teacher/student/counselor conferences, as necessary, as a way to resolve problems.
   
   
4. Regularly review with students their educational progress and career plans.
   
   
5. Provide information to assist students with career planning.

6. Encourage students to benefit from the curriculum and extracurricular programs.
   
   
7. Confront issues of discrimination and harassment or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function.
   
   
8. Address personal biases that may prevent equal treatment of all students in the school or classroom setting.
   
   
9. Report infractions of the Code of Conduct, including but not limited to instances of discrimination or harassment.

G. Building Level Administrators

1. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender or sex, which will strengthen students’ confidence and promote learning.
   
   
2. Promote a safe, orderly, and stimulating school environment, supporting active teaching and learning.
   
   
3. Ensure that students and staff have the opportunity to communicate regularly with the principal and approach the principal for redress of grievances.
   
   
4. Evaluate on a regular basis all instructional programs.
   
   
5. Support the development of and student participation in appropriate extracurricular activities.
   
   
6. Confront issues of discrimination and harassment or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function.
   
   
7. Address personal biases that may prevent equal treatment of all students in the school or classroom setting.
   
   
8. Be responsible for enforcing the Code of Conduct and ensuring that all cases are resolved promptly and fairly.

H. District Level Administrators

1. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender or sex, which will strengthen students’ confidence and promote learning.
   
   
2. Promote a safe, orderly and stimulating school environment, supporting active teaching and learning.

3. Review with other administrators the policies of the Board of Education and state and federal laws relating to school operations and management.
   
   
4. Inform the Board about educational trends relating to student discipline.
   
   
5. Work to create instructional programs that minimize problems of misconduct and are sensitive to student and teacher needs.
   
   
6. Confront issues of discrimination and harassment or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function.
   
   
7. Address personal biases that may prevent equal treatment of all students in the school or classroom setting.
   
   
8. Work with other administrators in enforcing the Code of Conduct and ensuring that all cases are resolved promptly and fairly.

I. Board of Education

1. Collaborate with student, teacher, administrator, and parent/guardian organizations, school safety personnel and other school personnel to maintain a Code of Conduct that clearly defines expectations for the conduct of students, district personnel and visitors on school property and at school functions.
   
   
2. Adopt and review at least annually the district’s Code of Conduct to evaluate the Code’s effectiveness and the fairness and consistency of its implementation.
   
   
3. Lead by example by conducting Board meetings in a professional, respectful, courteous manner.

J. Coaching Staff

1. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religious practices, disability, sexual orientation, gender, or sex, which will strengthen students’ confidence and promote learning.
   
   

2. Be prepared to coach.
   
   
3. Demonstrate interest in coaching and concern for student achievement and positive performances.
   
   
4. Know school policies and rules and enforce them in a fair and consistent manner.
   
   
5. Communicate to students and parents/guardians: Sport expectations and requirements
   1. Sportsmanship – NYSPHAAA, Section 4, STAC, and Chenango Valley
      
      
6. Scheduling – conflicts, reschedules, and updates
   1. Extracurricular Code of Conduct and team rules

5. Duty to Warn, Concussion policy, Health Office procedures

6. Communicate regularly with students, parents/guardians, administration of any concerns, progress, or other related issues.
   
   
7. Confront issues of discrimination, harassment, hazing, or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.
   
   
8. Address personal biases that may prevent equal treatment of all students in the school or classroom setting.
   
   
9. Work with administration in enforcing the Code of Conduct and ensuring that all cases are resolved promptly and fairly.

VIII. Student Dress Code

All students are expected to give proper attention to dress appropriately for school and school functions. Students and their parents/guardians have the primary responsibility for acceptable student dress and appearance. Teachers and all other district personnel should exemplify and reinforce acceptable student dress and help students develop an understanding of appropriate appearance in the school setting. A student’s dress and appearance shall:

1. Be safe, appropriate, and not disrupt or interfere with the educational process.
   
   
2. Recognize that extremely brief garments and see-through garments will not be tolerated.
   
   
3. Ensure that under-garments are completely covered with outer clothing.
   
   
4. Include footwear at all times in which they can navigate the building safely.
   
   
5. Not include items that are vulgar, obscene, and libelous or denigrate others on account of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, and sex.
   
   
6. Not promote and/or endorse the use of alcohol, tobacco, marijuana, or illegal drugs and/or encourage other illegal or violent activities.

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

Students who violate the student dress code shall be required to modify their appearance by covering or removing the offending item and, if necessary or practical, replacing it with an acceptable item. Any student who

refuses to do so shall be subject to discipline, up to and including in-school suspension (ISS) 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-building suspension.

IX. 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 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.

Prohibited Conduct

Students may be subject to disciplinary action when they:

1. Engage in conduct that is disorderly. Examples of disorderly conduct include, but are not limited to:

1. fighting, assaulting, or behaving violently,
2. threatening another with bodily harm,
3. harassment, bullying, or intimidating students or school personnel (see also Dignity for All Students and Anti-Sexual Harassment – Students policies),
4. making unreasonable noise,
5. being untruthful with school personnel or making false reports,
6. unauthorized use of electronic devices including, but not limited to, video/audio players & recorders, remote controls, electronic games, beepers, pagers, cellular phones, smart watches, or smart devices during the regular school day,
7. obstructing vehicular or pedestrian traffic,
8. driving recklessly,
9. creating a hazardous or physically offensive condition by an act which serves no legitimate purpose,
10. loitering or trespassing,

11. being present on or entering into any school property, function or vehicle without authorization,
12. other activity that disrupts or is reasonably likely to disrupt the educational process or school operations.

2. Engage in conduct that is insubordinate. This shall include, but is not limited to, failing to comply with the lawful directions of teachers, school administrators or other school employees who have authority over the student, such as bus drivers, bus monitors and bus aides, and law enforcement officers;
   
   
3. Engage in any of the following forms of academic misconduct:

1. tardiness,
2. missing or leaving school or class without permission or being excused,
3. cheating, plagiarism, copyright/trademark violations or assisting another in such conduct,
4. violation of the Board of Education policies on Student Publications and Computer Usage & Internet Safety,
5. improperly altering documents or records.

4. Engage in violent or disruptive behavior. This includes any behavior that endangers the safety, health, morals, or welfare of themselves or others. Examples of violent or disruptive behavior include:

1. fighting, assaulting, or behaving violently, threatening another with bodily harm,
2. harassment or illegal discrimination, which includes the use of race, color, weight, creed, national origin, ethnic group, religion, religious practice, sex, gender, sexual orientation, or disability as a basis for treating another in a negative manner. (Anti-Sexual Harassment – Students and Dignity for All Students policies).
3. making unreasonable noise,
4. possession, use, distribution, transfer or sale of tobacco or tobacco products, electronic cigarettes (including but not limited to, e-cigarettes, “Juul,” Dab Pen, Vape Box Mods, Vape Liquid), alcohol, marijuana, wax drugs or other controlled substances or drug paraphernalia (see Drug Abuse policy),
5. possession, use, or sale of weapons, fireworks, or other dangerous or prohibited objects or contraband. Dangerous objects include, but are not limited to: guns, starter pistols, knives of any kind (including all types of pocket knives), razors, box cutters, clubs, metal knuckles, nun chucks, Kung Fu stars, explosives, and any instrument, article or substance, which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or other serious physical injury. Any object that resembles a dangerous object (such as a fake gun) will be considered a prohibited object.

6. using obscene, profane, lewd, vulgar or abusive language or behavior,
7. possession, sale, distribution, transfer or use of lewd or obscene materials,
8. gambling,
9. hazing,
10. extortion,
11. theft,
12. vandalism, willfully defacing, damaging or destroying school property or vehicles used by entities under contract with the district to provide services for the district. Willfully defacing, vandalizing, damaging or destroying the property of others on school premises, at school functions or on school buses under contract to the district, or
13. misuse of school information technology (see Computer Usage & Internet Safety policy) or other school property.

5. Engage in conduct that violates Board’s rules and regulations for the maintenance of public order on school property pursuant to the Public Order policy or federal, state or local laws.
   
   
6. Off campus & non-school day misconduct - Students may be disciplined for violations of school district policies and the Code of Conduct when there is a connection to or impact on school students, personnel, activities, functions, or property.

X. Reporting Violations

All students are expected to promptly report violations of the Code of Conduct to a teacher, guidance counselor, bus driver, the building principal or his or her designee. Any student aware of a potentially dangerous activity, including but not limited to, a student possessing a weapon, explosive, 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. All district staff that is authorized to impose disciplinary sanctions is expected to do so in a prompt, fair and lawful manner. District staff that is not authorized to impose disciplinary sanctions is 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/guardian of the student involved and the appropriate disciplinary sanction if warranted, which may include permanent suspension and referral for prosecution. All students are expected to promptly report instances of bullying (verbal, physical, cyber-bullying), harassment, discrimination or hazing on school property or at a school function immediately to proper school personnel. The building principal or his or her designee must notify the appropriate local law enforcement agency of those code violations that may 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 notification must identify the student and explain the conduct that violated the Code of Conduct and may constitute a crime.

XI. Disciplinary Penalties, Procedures and Referrals

Discipline is most effective when it deals 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/guardians, teachers and/or others, as appropriate.
6. Other extenuating circumstances.

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.

1. Oral warning
2. Written warning
3. Oral and written notification to parent/guardian
4. Detention
5. Suspension from transportation
6. Suspension from social or extracurricular activities
7. Suspension of other privileges
8. In-school suspension (ISS) or exclusion from a particular class
9. Removal from classroom by teacher or principal
10. Short-term (five [5] days or less) suspension from school
11. Long-term (more than five [5] days) suspension from school
12. Removal from social or extracurricular activities
13. Permanent suspension from school

Depending on the nature of the violation, it is the Board’s desire that student discipline be progressive, i.e., a student’s first violation may merit a lighter penalty than subsequent violations. It is also the Board’s desire that staff take into account all other relevant factors in determining an appropriate penalty. The following penalties may be imposed either alone or in combination. Based upon the circumstances, it is at the discretion of school staff to determine the penalty warranted by a particular violation. If the conduct of a student is related to a disability or suspected disability, the student shall be referred to the Committee on Special Education and discipline, if warranted, shall be administered consistent with the separate requirements of this Code of Conduct for disciplining students with a disability or presumed to have a disability. A student identified as having a disability shall not be disciplined for behavior caused by or had a direct and substantial relationship to the disability or if the conduct was a direct result of the district’s failure to implement the IEP. If warranted, as determined by the manifestation determination hearing.

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/guardians are entitled to additional rights before the penalty is imposed. These additional rights are explained below.

Definitions

Detention

Teachers and administrators may use detention as a penalty for student misconduct in situations where removal from the classroom or suspension would be inappropriate and may let you know if it’s outside the school day.

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/guardian 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 Section 3214. However, the student and the student’s parent/guardian 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.

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 Section 3214. However, the student and the student’s parent/guardian 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.

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.” A student subjected to an in-school suspension is not entitled to a full hearing pursuant to Education Law Section 3214. However, the student and the student’s parent/guardian 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.

Teacher disciplinary removal of disruptive students

A student’s behavior can affect a teacher’s ability to teach and can make it difficult for other students in the classroom to learn. In most instances the classroom teacher can control a student’s behavior and maintain or restore control over the classroom by using good classroom management techniques. 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 counselor or other district staff member for counseling. Time-honored classroom management techniques 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 (2) days. The removal from class applies to the class of the removing teacher only. The student should be remanded to the principal’s office, unless otherwise directed.

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 his or her designee as soon as possible, but no later than the end of the school day, to explain the circumstances of the removal and to present the removal form. If the principal or designee is not available by the end of the same school day, the teacher must leave the form with the secretary and meet with the principal or designee prior to the beginning of classes on the next school day.

Within 24 hours after the student’s removal, the principal or another district administrator designated by the principal must notify the student’s parents/guardians by telephone, followed by a letter stating that the student has been removed from class and why. The notice must also inform the parent/guardian 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 notification must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to insure receipt of the notice within 24 hours of the student’s removal.

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/guardians a chance to present the student’s version of the relevant events. The informal meeting must be held within 48 hours of the student’s removal. The timing of the informal meeting may be extended by mutual agreement of the parent/guardian and the principal

The principal or the principal’s designee may overturn the removal of the student from class if the principal finds any one (1) of the following:

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

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

Any disruptive student removed from the classroom by the classroom teacher shall be offered continued educational programming and activities until he or she is permitted to return to the classroom.

Each teacher must keep a complete log (on a district provided 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 a 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.

Suspension from school

Suspension from school is a severe penalty, which may be imposed only upon students who are insubordinate, disorderly, violent, or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others.

The Board retains its authority to suspend students, but places primary responsibility for the suspension of students with the Superintendent and the building principals.

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 referrals shall be made in writing unless the conditions underlying the referral warrant immediate attention. In such cases a written report is to be prepared as soon as possible by the staff member making the referral.

The Superintendent or principal, upon receiving a 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.

1. Short-term (five [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 (5) days or less pursuant to Education Law Section 3214(3), the suspending authority must immediately notify the student orally. If the student denies the misconduct, the suspending authority must provide an explanation of the basis for the proposed suspension. The suspending authority must also notify the student’s parents/guardians by calling them on the telephone, followed by a written notice within twenty-four (24) hours of the decision to propose suspension.

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/guardians 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/guardians. At the conference, the parents/guardians shall be permitted to ask questions of complaining witnesses under such procedures as the principal may establish.

The notice and opportunity for an informal conference shall take place before the student is suspended unless the student’s presence in school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process. If the student’s presence does pose such a danger or threat of disruption, the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practicable.

After the conference, the principal shall promptly advise the parents/guardians in writing of his or her decision. The principal shall advise the parents/guardians that if they are not satisfied with the decision and wish to pursue the matter, they must file a written appeal to the Superintendent within five (5) business days, unless they can show extraordinary circumstances precluding them from doing so. The Superintendent shall issue a written decision regarding the appeal within ten (10) business days of receiving the appeal. If the parents/guardians are not satisfied with the Superintendent’s decision, they must file a written appeal to the Board of Education with the district clerk within three (3) business days of the date of the Superintendent’s decision, unless they can show extraordinary circumstances precluding them from doing so. Only final decisions of the Board may be appealed to the Commissioner within thirty (30) days of the decision.

2. Long-term (more than five [5] days) suspension from school

When the Superintendent or building principal determines that a suspension for more than five (5) days may be warranted, he or she shall give reasonable notice to the student and the student’s parents/guardians 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 or his/her designee shall personally hear and determine the proceeding or may, in his or her discretion designate a hearing officer to conduct the hearing. The hearing officer shall be authorized to administer oaths and to issue subpoenas in conjunction with the proceeding before him or her. A record of the hearing shall be maintained, but no stenographic transcript shall be required. A tape recording shall be deemed a satisfactory record. The hearing officer shall make findings of fact and recommendations as to the appropriate measure of discipline to the Superintendent. The report of the hearing officer shall be advisory only, and the Superintendent may accept all or any part thereof.

An appeal of the decision of the Superintendent may be made to the Board that will make its decision based solely upon the record before it. All appeals to the Board must be in writing and submitted to the district clerk within twenty (20) business days of the date of the Superintendent’s decision, unless the parents/guardians can show extraordinary circumstances precluding them from doing so. The Board may adopt in whole or in part the

decision of the Superintendent. Final decisions of the Board may be appealed to the Commissioner within thirty (30) days of the decision.

3. 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.

A. Minimum Periods of Suspension

1. Students who bring a weapon to school

Any student, other than a student with a disability, found guilty of bringing a weapon onto school property will be subject to suspension from school for a least one (1) calendar year. Before being suspended, the student will have an opportunity for a hearing pursuant to Education Law Section 3214. The Superintendent has the authority to modify the one-year suspension on a case-by-case basis. In deciding whether to modify the penalty, the Superintendent may consider the following:

1. The student’s age
2. The student’s grade in school.
3. The student’s prior disciplinary record.
4. The Superintendent’s belief that other forms of discipline may be more effective
5. Input from parents/guardians, teachers and /or others.
6. Other extenuating circumstances.

A student with a disability may be suspended only in accordance with the requirements of state and federal law.

2. Students who commit violent acts other than brining a weapon to school

Any student, other than a student with a disability, who is found to have committed a violent act, other than bringing a weapon onto school property, shall be subject to suspension from school for at least five (5) days. If the proposed penalty is the minimum five-day suspension, the student and the student’s parents/guardians 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/guardians will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The Superintendent has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

3. Students who are repeatedly substantially disruptive of the educational process or repeatedly substantially interfere 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 (5) 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 Section 3214(3-a) and this Code on four (4) or more occasions during a semester. If the proposed penalty is the minimum five-day

suspension, the student and the student’s parents/guardians 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/guardians 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.

B. Referrals

1. Counseling

The Guidance Office shall handle all referrals of students to counseling.

2. PINS Petitions

The district may file a PINS (person in need of supervision) petition in Family Court on any student under the age of 18 who demonstrates that he or she requires supervision and treatment by:

1. Being habitually truant and not attending school as required by Part One in Article 65 of the Education Law.

2. Engaging in an ongoing or continual course of conduct which makes the student ungovernable or habitually

disobedient and beyond the lawful control of the school.

3. Knowingly and unlawfully possesses marijuana in violation of Penal Law Section 221.05. A single violation of Section 221.05 will be a sufficient basis for filing a PINS petition.

3. Juvenile Delinquents and Juvenile Offenders

The Superintendent is required to refer the following students to the County Attorney for a Juvenile delinquency proceeding before the Family Court:

1. Any student under the age of 16 who is found to have brought a weapon to school, or
2. Any student 14 or 15 years old who qualifies for juvenile offender status under the Criminal Procedure Law Section 1.20(42).

The Superintendent is required to refer students age 16 and older or any student 14 or 15 years old who qualifies for juvenile offender status to the appropriate law enforcement authorities.

Participation in Non-Credit Bearing Extracurricular Activities

1. A student assigned to the alternate learning placement for a first offense is automatically suspended for the next group activity (i.e., game, match, performance, dance, etc.) that takes place in the “season” of the infraction.
2. A student assigned to the alternate learning placement an additional time during the same season, production period, etc., will be dismissed from participation indefinitely pending investigation by the coach, advisor, director, etc., and/or the assistant principal/principal.
3. A student who is on Out of Building Suspension (OBS) shall not participate in or attend any extracurricular activities during the day or days of suspension. In addition, the student will be suspended from additional participation as follows:

1. 0-2 days of OBS – 1 week suspension from participation from the student’s OBS return date.
2. 3+ days of OBS – 2 weeks of suspension from participation from the student’s OBS return date.
3. All suspensions are pending an investigation by the coach, advisor, director, etc., and/or the assistant principal/principal with further suspension from participation and/or removal pending the outcome of the investigation.

Each case will be judged individually before the principal makes the final determination. Exceptions may be made with the recommendation of the administrator and the approval of the Superintendent. Exceptions may include the ability to practice and/or be a part of an activity, but be ineligible to play in any activities during the suspension period.

Student Tobacco Policy

1. Students are not to have cigarettes or other tobacco products in school, on school grounds, or on school transportation. Including but not limited to e-cigarettes, “Juul,” Vape Box Mods, Vape Liquid, and chewing tobacco.
2. If it is obvious that a student has tobacco products in his/her possession, they will be confiscated and not returned.
3. Students will be considered in violation of this policy if:

1. they are seen in the act of smoking (if smoke is coming from mouth, nose),
2. they have a cigarette (lighted or unlighted) in their possession,
3. they are using chewing tobacco,
4. they have or are using an electronic cigarette or a similar device.

4. The professional and support staff will be required to enforce this policy. Any student who interferes with the enforcement of this policy by acting as a “look-out” or “early warning” device will be considered to be insubordinate and will be assigned to the alternative learning placement for one (1) day for the first offense. Multiple offenses will be dealt with at the discretion of the administration.

Disciplinary and Remedial Consequences

The district emphasizes the creation and maintenance of a positive learning environment for all students. Measured, balanced, and age-appropriate responses to the discrimination and harassment of students by students and/or employees on school property, including school functions, with remedies and procedures focusing on intervention and education is needed to maintain the desired learning climate. Remedial responses which may be utilized include:

1. Peer support groups; corrective instruction or other relevant learning or service experience;
2. Supportive intervention;
3. Behavioral assessment or evaluation;
4. Behavioral management plans, with benchmarks that are closely monitored;
5. Student counseling and parent/guardian conferences.

Beyond these individual-focused remedial responses, school-wide or environmental remediation can be an important tool to prevent discrimination and harassment. Environmental remediation strategies may include:

1. Supervisory systems which empower school staff with prevention and intervention tools to address incidents of bullying and harassment;
2. School and community surveys or other strategies for determining the conditions contributing to the relevant behavior;
3. Adoption of research-based, systemic harassment prevention programs;
4. Modification of schedules;
5. Adjustment in hallway traffic and other student routes of travel;
6. Targeted use of monitors;
7. Staff professional development;
8. Parent/guardian conferences;
9. Involvement of parent/guardian-teacher organizations; and
10. Peer support groups.

XII. Alternative Instruction

When a student of any age is removed from class by a teacher or a student of compulsory attendance age is suspended from school pursuant to Education Law Section 3214, the district will take immediate steps to provide alternative means of instruction for the student.

XIII. Discipline of Students with Disabilities

The Board recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities to address disruptive or problem behavior. The Board also recognizes that students with disabilities are provided with certain procedural protections whenever school authorities intend to impose discipline upon them. The Board is committed to ensuring that the procedures followed for suspending, removing or otherwise disciplining students with disabilities are consistent with the procedural safeguards required by applicable laws and regulations. This Code of Conduct affords students with disabilities subject to disciplinary action no greater or lesser rights than those expressly afforded by applicable federal and state law and regulations.

A. Authorized Suspensions or Removal of Students with Disabilities

1. For purposes of this section of the Code of Conduct, the following definitions apply:

A “suspension” means a suspension pursuant to Education Law Section 3214. A “removal” means a removal for disciplinary reasons from the student’s current educational placement other than a suspension and change in placement to an interim alternative educational setting (IAES) ordered by an impartial hearing officer because the student poses a risk of harm to himself or herself or others. An “IAES” means a temporary educational placement for a period of up to forty-five (45) days, other than the student’s current placement at the time the behavior precipitating the IAES placement occurred, that enables the student to continue to progress in the general curriculum, although in another setting, to continue to receive those services and modifications, including those described on the student’s current individualized education program (IEP), that will enable the student to meet the goals set out in such IEP, and include services and modifications to address the behavior which precipitated the IAES placement that are designed to prevent the behavior from recurring.

2. School personnel may order the suspension or removal of a student with a disability from his or her current educational placement as follows:

1. The Board, the district (BOCES) Superintendent of Schools or a building principal may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed five (5) consecutive school days and not to exceed the amount of time a non-disabled student would be subject to suspension for the same behavior.
2. The Superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for up to ten (10) consecutive school days, inclusive of any period in which the student has been suspended or removed under subparagraph (a) above for the same behavior, if the Superintendent determines that the student has engaged in behavior that warrants a suspension and the suspension or removal does not exceed the amount of time non-disabled students would be subject to suspension for the same behavior.
3. The Superintendent may order additional suspensions of not more than ten (10) consecutive school days in the same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.
4. The Superintendent may order the placement of a student with a disability in an IAES to be determined by the committee on special education (CSE), for the same amount of time that a student without a disability would be subject to discipline, but not more than forty-five (45) days, if the student carries or possesses a weapon to school or to a school function, or the student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function.

1. “Weapon” means the same definition as “Weapon” was previously defined in this Code of Conduct.
2. “Controlled substance” means a drug or other substance identified in certain provisions of the federal Controlled Substances Act specified in both federal and state law and regulations applicable to this policy.
3. “Illegal drugs” means a controlled substance except for those legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or any other federal law.

Subject to specified conditions required by both federal and state law and regulations, an impartial hearing officer may order the placement of a student with a disability in an IAES setting for up to forty-five (45) days at a time, if maintaining the student in his or her current educational placement poses a risk of harm to the student or others.

B. Change of Placement Rule

1. A disciplinary change in placement means a suspension or removal from a student’s current educational placement that is either:

1. for more than ten (10) consecutive school days; or
2. for a period of ten (10) consecutive school days, or less if the student is subjected to a series of suspensions or removals that constitute a pattern because they cumulate to more than ten (10) school days in a school year and because of such factors as the length of each suspension or removal, the total amount of time the student is removed and the proximity of the suspensions or removals to one another.

2. School personnel may not suspend or remove a student with disabilities if imposition of the suspension or removal would result in a disciplinary change in placement based on a pattern of suspension or removal.

However, the district may impose a suspension or removal, which would otherwise result in a disciplinary change in placement, based on a pattern of suspensions or removals, if the CSE has determined that the behavior was not a manifestation of the student’s disability, or the student is placed in an IAES for behavior involving weapons, illegal drugs or controlled substances.

C. Special Rules Regarding the Suspension or Removal of Students with Disabilities

1. The district’s Committee on Special Education shall:

1. Conduct functional behavioral assessments to determine why a student engages in a particular behavior, and develop or review behavioral intervention plans whenever the district is first suspending or removing a student with a disability for more than ten (10) school days in a school year or imposing a suspension or removal that constitutes a disciplinary change in placement, including a change in placement to an IAES for misconduct involving weapons, illegal drugs or controlled substances.

If subsequently, a student with a disability who has a behavioral intervention plan and who has been suspended or removed from his or her current educational placement for more than ten (10) school days in a school year is subjected to a suspension or removal that does not constitute a disciplinary change in placement, the members of the CSE shall review the behavioral intervention plan and its implementation to determine if modifications are necessary.

If one (1) or more members of the CSE believe that modifications are needed, the school district shall convene a meeting of the CSE to modify such plan and its implementation, to the extent the committee determines necessary.

2. Conduct a manifestation determination review of the relationship between the student’s disability and the behavior subject to disciplinary action whenever a decision is made to place a student in an IAES either for misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension that constitutes a disciplinary change in placement.

2. The parents/guardians of a student who is facing disciplinary action, but who has not been determined to be eligible for services under IDEA and Article 89 at the time of misconduct, shall have the right to invoke applicable procedural safeguards set forth in federal and state law and regulations if, in accordance with federal and state statutory and regulatory criteria, the school district is deemed to have had knowledge that their child was a student with a disability before the behavior precipitating disciplinary action occurred. If the district is deemed to have had such knowledge, the student will be considered a student presumed to have a disability for discipline purposes.

1. The Superintendent, building principal or other school official imposing a suspension or removal shall be responsible for determining whether the student is a student presumed to have a disability.
2. A student will not be considered a student presumed to have a disability for discipline purposes if, upon receipt of information supporting a claim that the district had knowledge the student was a student with a disability, the district either:

1. conducted an individual evaluation and determined that the student is not a student with a disability, or,
2. determined that an evaluation was not necessary and provided notice to the parents/guardians of such determination, in the manner required by applicable law and regulations, and
3. the parent/guardian refused special education services.

If there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other non-disabled student who engaged in comparable behaviors.

However, if a request for an individual evaluation is made while such non-disabled student is subjected to a disciplinary removal, an expedited evaluation shall be conducted and completed in the manner prescribed by applicable federal and state law and regulations. Until the expedited evaluation is completed, the non-disabled student who is not a student presumed to have a disability for discipline purposes shall remain in the educational placement determined by the district, which can include suspension.

3. The district shall provide parents/guardians with notice of disciplinary removal no later than the date on which a decision is made to change the placement of a student with a disability to an IAES for either misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his/her current educational setting

poses a risk of harm to the student or others; or a decision is made to impose a suspension or removal that constitutes a disciplinary change in placement.

The procedural safeguards notice prescribed by the Commissioner shall accompany the notice of disciplinary removal.

4. The parents/guardians of a student with disabilities subject to a suspension of five (5) consecutive school days or less shall be provided with the same opportunity for an informal conference available to parents/guardians of non-disabled students under the Education Law.
5. Superintendent hearings on disciplinary charges against students with disabilities subject to a suspension of more than five (5) school days shall be bifurcated into a guilt phase and a penalty phase in accordance with the procedures set forth in the Commissioner’s regulations incorporated into this Code.
6. The removal of a student with disabilities other than a suspension or placement in an IAES shall be conducted in accordance with the due process procedures applicable to such removals of non-disabled students, except that school personnel may not impose such removal for more than ten (10) consecutive days or for a period that would result in a disciplinary change in placement, unless the CSE has determined that the behavior is not a manifestation of the student’s disability.
7. During any period of suspension or removal, including placement in an IAES, students with disabilities shall be provided services as required by the Commissioner’s regulations incorporated into this Code.

D. Expedited Due Process Hearings

1. An expedited due process hearing shall be conducted in the manner specified by the Commissioner’s regulations incorporated into this Code, if:

9. The district requests such a hearing to obtain an order of an impartial hearing officer placing a student with a disability in an IAES where school personnel maintain that it is dangerous for the student to be in his or her current educational placement, or during the pendency of due process hearings where school personnel maintain that it is dangerous for the student to be in his or her current educational placement during such proceedings. ii. The parent/guardian requests such a hearing from a determination that the student’s behavior was not a manifestation of the student’s disability, or relating to any decision regarding placement, including but not limited to any decision to place the student in an IAES.

9. During the pendency of an expedited due process hearing or appeal regarding the placement of a student in an IAES for behavior involving weapons, illegal drugs or controlled substances, or on grounds of dangerousness, or regarding a determination that the behavior is not a manifestation of the student’s disability for a student who has been placed in IAES, the student shall remain in the IAES pending the decision of the impartial hearing officer or until expiration of the IAES placement, whichever occurs first, unless the parents/guardians and the district agree otherwise. ii). If school personnel propose to change the student’s placement after expiration of an IAES placement, during the pendency of any proceeding to challenge the proposed change in placement, the student shall remain in the placement prior to removal to the IAES, except where the student is again placed in an IAES.

2. An expedited due process hearing shall be completed within fifteen (15) business days of receipt of the request for a hearing. Although the impartial hearing officer may grant specific extensions of such time period, he or she must mail a written decision to the district and the parents/guardians within five (5) business days after the last hearing date, and in no event later than forty-five (45) calendar days after receipt of the request for a hearing, without exceptions or extensions.

E. Referral to law enforcement and judicial authorities

In accordance with the provisions of IDEA and its implementing regulations:

1. The district may report a crime committed by a child with a disability to appropriate authorities, and such action will not constitute a change of the student’s placement.
2. The Superintendent shall ensure that copies of the special education and disciplinary records of a student with disabilities are transmitted for consideration to the appropriate authorities to whom a crime is reported.

XIV. Student Searches and Interrogations

The Board of Education is committed to ensuring an atmosphere on school property and at school functions that is safe and orderly. To achieve this kind of environment, any school official authorized to impose a disciplinary penalty on a student may question a student about an alleged violation of law or the district Code of Conduct. Students are not entitled to any sort of “Miranda” type warning before being questioned by school officials, nor are school officials required to contact a student’s parent/guardian before questioning the student. However, school officials will tell all students why they are being questioned. Lockers (even if the student owns the lock), desks, cubbyholes, etc., are the property of the school and subject to inspection without cause, at any time, without notice or the student’s or parent’s/guardian’s permission or presence. Students should take this policy into account when deciding whether to store personal belongings in such places. In addition, the Board authorizes the Superintendent, building principals, the school nurse and district security officials to conduct searches of students and their belongings, including students’ vehicles where appropriate, if the authorized school official has reasonable suspicion to believe that the search will result in evidence that the student violated the law or the district Code of Conduct. An authorized school official may conduct a search of a student’s belongings that is minimally intrusive, such as touching the outside of a book bag, without reasonable suspicion, so long as the school official has a legitimate reason for the very limited search. An authorized school official may search a student or the student’s belongings based upon information received from a reliable informant.

Individuals, other than the district employees, will be considered reliable informants if they have previously supplied information that was accurate and verified, or they make an admission against their own interest, or they provide the same information that is received independently from other sources, or they appear to be credible and the information they are communicating relates to an immediate threat to safety. District employees will be considered reliable informants unless they are known to have previously supplied information that they knew was not accurate. Searches of student’s person includes any search that involves physical contact with the student’s body, including clothing worn by the student, or the requirement that the student remove clothing, with the exception of outer garments such as coats, jackets, sweatshirts, sweaters, vests, etc. Removal of clothing shall be limited to removal of socks and shoes and articles of clothing that will not expose the student’s undergarments and private areas. These searches also include, but are not limited to pat-down searches, handheld metal detectors, alcohol sensing equipment, and the sniffing of a student by police search dogs. Searches of the student’s person should be performed or witnessed by at least one (1) school employee who is the same gender as the student searched.

These searches will only be undertaken if the school Superintendent, building principal, assistant/associate principal or other administrator is present and if the administrator has reasonable grounds for suspecting that the search will uncover evidence that the student has violated or is violating the law or the rules of the school. Before searching a student or the student’s belongings, the authorized school official should request the student to admit that he or she possesses physical evidence that they violated the law or the district Code, or request the student to voluntarily consent to the search. Searches will be limited to the extent necessary to locate the evidence sought. Whenever practicable, searches will be conducted in the privacy of administrative offices and students will be present when their possessions are being searched.

XV. Visitors to the Schools

In order to avoid disruption of the educational process, visitors are expected to comply with this policy, and other applicable district policies including the Public Order policy. During the school day, all visitors must report to the security office or other designated location to request a visitor’s pass to be allowed further access to the building. Members of the school district staff will treat parents/guardians and other members of the public with respect and expect the same in return.

The district must keep schools and administrative offices free from disruptions and prevent unauthorized persons from entering school/district grounds. Accordingly, this policy promotes mutual respect, civility, and orderly conduct among the district employees, parents/guardians, and the public. We do not intend this policy to deprive any persons of his or her right to freedom of expression. Rather, we seek to maintain, to the extent possible and reasonable, a safe, productive and harassment-free environment for our students and staff. In the interest of presenting teachers and other employees as positive role models, we encourage positive communication and discourage volatile, hostile, or aggressive actions. This district seeks public cooperation with this endeavor.

1. Disruptive Individual Must Leave School Grounds. Any individual who disrupts or threatens to disrupt school/ office operations/events, threatens the health and safety of students or staff, willfully causes property damage, uses loud and/or offensive language that could provoke a violent reaction, or who has otherwise established a continued pattern of unauthorized entry on school district property, will be directed by the school’s principal or other person in charge to leave school, school district property, or event promptly. If the person does not comply it will be considered a trespass and law enforcement authorities will be called. Future access to school property or events may be restricted.
   
   
2. Directions to Staff in Dealing with Abusive Individual. If any member of the public uses obscenities or speaks in a demanding, loud, insulting, and/or demeaning manner, the administrator or employee to whom the remarks are directed will calmly and politely warn the speaker to communicate civilly and that a failure to do so could result in a request to leave or end the contact. If the individual does not stop the abusive behavior, the district employee will verbally notify the individual that the meeting, conference, or telephone conversation is terminated. If the individual is on district premises or at a district event, the administrator, custodian or other person in charge, may request the abusive individual to leave promptly or law enforcement authorities will be called.
   
   
3. Provide Policy and Report Incident. When a staff member determines that a member of the public is in the process of violating the provisions of this policy, the staff member should direct the person to the building administrator, or other school official in charge, who should provide a written copy of this policy at the time of occurrence. The staff member will provide a written report of the incident to his or her supervisor. This policy should be posted in each school building main entrance area, main office and other conspicuous places.

XVI. Public Conduct on School Property

The district is committed to providing an orderly, respectful environment that is conducive to learning. To create and maintain this kind of an environment, it is necessary to regulate public conduct on school property and at school functions. For purposes of this section of the Code, “public” shall mean all persons when on school property or attending a school function including students, teachers and district personnel. The restrictions on public conduct on school property and at school functions contained in this Code are not intended to limit freedom of speech or peaceful assembly. The district recognizes that free inquiry and free expression are indispensable to the objectives of the district. The purpose of this Code is to maintain public order and prevent abuse of the rights of others.

All persons on school property or attending a school function shall conduct themselves in a respectful and orderly manner. In addition, all persons on school property or attending a school function are expected to be properly attired for the purpose they are on school property.

A. Prohibited Conduct

No person, either singly or in concert with others, shall:

1. Willfully cause physical injury to any other person or threaten to do so for the purpose of compelling or inducing such other person to refrain from any act which he has a lawful right to do, or do any act which he has a lawful right not to do.
   
   
2. Physically restrain or detain any other person or remove such person from any place where he is authorized to remain.
   
   
3. Willfully damage or destroy property of the district or of the school personnel or students or remove or use such property without authorization.
   
   
4. Without permission, express or implied, enter into any private office of an administrative officer, faculty member or staff member.
   
   
5. Other than student or employee, enter a classroom or the building beyond the administrative office without written permission of the Superintendent or his designee.
   
   
6. Enter upon and remain in any building or facility for any purpose other than for authorized uses, or in such manner as to obstruct its authorized use by others.
   
   
7. Without authorization, remain in any building or facility after it is normally closed.
   
   
8. Refuse to leave any building or facility after being requested to do so by an authorized administrator.
   
   
9. Deliberately disrupt or prevent the peaceful and orderly conduct of classes, school programs, school activities, lectures and meetings, or deliberately interfere with any person who desires to express his views, including invited speakers.
   
   
10. Have in his possession upon any premises to which these rules apply, any knife, shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the Superintendent, whether or not a license to possess the same has been issued to such person unless authorized by law.
    
    
11. Smoke tobacco, possess, consume or exchange or be under the influence of alcoholic beverages, drugs or narcotics on school properties.
    
    
12. Distribute or post any written material, pamphlet or poster without the prior written approval of the Superintendent.
    
    
13. Urge or incite others to commit any of the acts herein prohibited.
    
    
14. Violate the traffic laws, regulations or other restrictions on vehicles.
    
    
15. Intimidate, harass or discriminate against any person on the basis of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.

B. Penalties

A person who shall violate any of the provisions of these rules shall:

1. If he is a licensee or invitee, have his authorization to remain upon the district property withdrawn, and shall be directed to leave the premises. In the event of his failure or refusal to do so, he shall be subject to ejection and arrest.
   
   
2. If he is a trespasser or visitor without specific license or invitation, be subject to ejection and arrest.
   
   
3. If he is a student, be subject to suspension or such lesser disciplinary action as the facts of the case may warrant.
   
   
4. If he is a faculty member, be guilty of misconduct and be subject to dismissal or termination of his employment or such lesser disciplinary action as the facts may warrant, including suspension without pay or censure.
   
   
5. If he is a staff member entitled to the benefits of Civil Service Law Section 75, be guilty of misconduct and subject to the penalties prescribed in said section.
   
   
6. If he is a staff member, not entitled to the benefits of Civil Service Law Section 75, be guilty of misconduct and be subject to dismissal or termination of his employment or such lesser disciplinary action as the facts may warrant, including suspension without pay or censure.

C. Procedure

In case of a violation of this section:

1. The Superintendent, building principal or designee shall inform any licensee or invitee, who shall violate any provision of these rules, that his/her license or invitation is withdrawn and shall direct him/her to leave the district grounds. In the event of his/her failure or refusal to do so, the Superintendent or designee shall cause his/her ejection from such property.
   
   
2. In the case of any other violator who is neither a student nor faculty nor other staff member, the Superintendent or designee shall inform the violator that he/she is not authorized to remain on the property of the district, and direct him/her to leave such premises. In the event of his/her failure or refusal to do so, the Superintendent or designee shall cause his/her ejection from such property. Nothing in this subdivision shall be construed to authorize the presence of any such person at any time prior to such violation, or to affect his/her liability to prosecution for trespassing or loitering as prescribed in the Penal Law.
   
   
3. In the case of a student, charges for violation of any of these rules shall be presented and shall be heard and determined in the manner provided in Section 3214(3) of the Education Law.
   
   
4. In the case of a faculty member having tenure, charges for misconduct and violation of these rules shall be made, heard and determined in accordance with Section 3020-a of the Education Law.
   
   
5. In the case of a faculty member not having tenure, the Superintendent will attend to the violation as agreed upon within the terms of the collective bargaining agreement.
   
   
6. In the case of any staff member who holds a position in the classified Civil Service as described in Section 75 of the Civil Service Law or is covered by Section 75 of the Civil Service Law, charges of misconduct for violation of any of these rules shall be made, heard and determined as prescribed in that section.
   
   
7. In the case of any staff member who does not hold a position in the classified Civil Service and is not covered by the provisions of Section 75 of the Civil Service Law, the Superintendent shall attend to the violation as agreed upon within the terms of the collective bargaining agreement.

D. Enforcement Program

The responsibility for enforcement is as follows:

1. The Superintendent shall be responsible for the enforcement of these rules, and he shall designate other administrative officers who are authorized, including but not limited to building principals, to take action in accordance with such rules when required or appropriate.
   
   
2. The Superintendent or designee may apply to the public authorities for any aid which he/she deems necessary in causing the ejection of any violator of these rules, and he/she may request the school attorney to apply to any court of appropriate jurisdiction for an injunction to restrain the violation or threatened violation of these rules.
   
   
3. The Superintendent or his/her designee shall be promptly notified each time civil authorities are called on for this purpose by the person requesting assistance

E. Application of Rules

These rules shall apply to all school property and school functions of the district and shall govern the conduct of students, teachers, staff members, as well as visitors and other licensees and invitees.

XVII. Dissemination and Review

A. Dissemination of Code of Conduct

The Board will work to ensure that the community is aware of this Code of Conduct by:

1. Providing copies of a summary of the Code to all students at a general assembly held at the beginning of each school year.
   
   
2. Making copies of the Code available to all parents/guardians at the beginning of the school year.
   
   
3. Mailing a summary of the Code of Conduct written in plain language to all parents/guardians of district students before the beginning of the school year and making this summary available later upon request.
   
   
4. Providing all current teachers and other staff members with a copy of the Code and a copy of any amendments to the Code as soon as practicable after adoption.
   
   
5. Providing all new employees with a copy of the current Code of Conduct when they are first hired.

6. Making copies of the Code available for review by students, parents/guardians and other community members via website and at each school office.

The Board will sponsor an in-service education program for all district staff members to ensure the effective implementation of the Code of Conduct. The Superintendent may solicit the recommendations of the district staff, particularly teachers and administrators, regarding in service programs pertaining to the management and discipline of students.

The Board of Education will review this Code of Conduct every year and update it as necessary. In conducting the review, the Board will consider how effective the Code’s provisions have been and whether the Code has been applied fairly and consistently.

The Board may appoint an advisory committee to assist in reviewing the Code and the district’s response to Code of Conduct violations. The committee will be made up of representatives of student, teacher, administrator, and parent/guardian organizations, school safety personnel and other school personnel.

Before adopting any revisions to the Code, the Board will hold at least one (1) public hearing at which school personnel, parents/guardians, students and any other interested party may participate.

The Code of Conduct and any amendments to it will be filed with the Commissioner no later than 30 days after adoption.