Otselic Valley Central School District

Otselic Valley Central School 3410

Code of Conduct

OTSELIC VALLEY CENTRAL SCHOOL

Code of Conduct

2023

Mission Statement

Educate and inspire every student to achieve excellence.

Vision

We aspire to be a model school that empowers all students to realize their unlimited potential.

Updated 7/2015

(July 9, 2014)

(July 8, 2015)

(July 6, 2016)

(July 6, 2017)

(June 18, 2018)

(June 27, 2019)

(July 21, 2020)

(September 2, 2021)

(August 25, 2022)

(August 17, 2023)

Table of Contents

Topic Page Numbers

I. Introduction 3

II. Rights and Responsibilities (Summary) 3-4

III. Compulsory Education 5

IV. Attendance 5-8

V. Prohibited Student Conduct 8-10

VI. Student Dress Code 10-11

VII. Use of Electronic Devices 11-12

VIII. Network/Internet Use 12-13

IX. Student Automobile Use 14

X. The Dignity for All Students Act—DASA (Summary with visuals) 14-17

XI. Disciplinary Penalties, Procedures and Referrals 18-26

XII. Student Searches and Interviews 27-28

XIII. Alternative Instruction 28

XIV. Discipline of Students with Disabilities 28-32

XV. Reporting Violations 32-33

XVI. Behavioral Expectations for Visitors and Essential Partners 33-34

XVII. Public Conduct on School Property 34-37

XVIII. Dignity for All Students Act Policy (Detailed Explanation) 37-38

XVIV: Essential Partners Rights and Responsibilities and Expectations 38-43

(Detailed Explanation)

XX: Dissemination and Review 43

XXI: Definitions 44-45

Subject: Code of Conduct

I. Introduction

The Otselic 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 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 and other visitors when on school property or attending a school function.

II. Rights and Responsibilities of Students and Essential Partners (Summary)

The Otselic Valley Central School 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. The right to a free public-school education extends to all students, However, this right is not unconditional. If due process of law requirement is met, students and/or essential partners may be removed from the classroom or school building, suspended temporarily, or suspended permanently from attendance or entry into school. Education in a free society requires that students and essential partners be aware of their rights and learn to exercise safe, healthy, orderly, and civil behaviors.

Who are the Essential Partners?

All students and essential partners have a RIGHT to:

All students and essential partners have a RESPONSIBILITY to:

· Be informed of all school rules

· An explanation of school rules

· Follow all school and Code of Conduct rules

· Understand that the Code of Conduct applies to all school activities including when on school transportation; at school events; on field trips; riding in a school vehicle, etc.

· Understand that additional rules, not specifically listed in this Code of Conduct may apply to unique situations such as job placements, internships, and participation in extracurricular activities

· Expect that students will be provided with an education that is intellectually challenging and relevant to modern day demands.

· Take advantage of the education that is offered by putting forth effort, being prepared for learning, making sure that assignments are complete and maintaining good attendance

· Communicate regularly concerning student growth and achievement.

· Ask questions when you do not understand

· Seek help if obstacles occur that make it difficult to achieve the above

· Take part in all school activities on an equal basis and to be protected from bullying, intimidation, harassment, or discrimination

· Positively contribute toward establishing and maintaining an atmosphere that generates mutual respect and dignity for all; respect the rights of others; accept responsibility for their actions.

· Report infractions of the Code of Conduct, including but not limited to instances of discrimination or harassment.

· Demonstrate appropriate conduct as outlined in this Code of Conduct and any other rules of classroom or school activities.

· Have complaints about school-related matters or school-employees responded to

· Explain their version of events to appropriate personnel in connection to a disciplinary penalty

· Tell the truth, to the best of your knowledge, about any complaints that you bring forth.

· Seek help in responding to issues before they escalate.

· Express themselves

· Express themselves in a sensible manner and understand that freedom of speech can be limited.

· Show due respect and dignity for others and their property and contribute to an orderly, learner-centered environment.

· Dress in accordance with standards adopted by the Board of Education and the Superintendent.

· Attend school in a safe and clean environment

· Contribute to maintaining a safe and orderly school environment by respecting other persons and property.

· Contribute to developing and maintaining health and wellness for self and others.

· Attend school in an alcohol, drug, and tobacco-free environment

· Refrain from possession of any items prohibited in the Code of Conduct or items that do not belong to you.

· See something, say something.

· Be informed of various community and social and emotional resources

· Learn effective coping strategies for managing emotions.

· Seek out help when needed.

III. Compulsory Education

A student over five and under twenty-one years of age is entitled to attend public school pursuant

to section 3202 of the New York Education Law. A student over the compulsory attendance age

(16 years old) can only be dropped from enrollment pursuant to the procedures set forward in

section 3202(l)(a) of the New York Education Law.

Section 3202 (1-a) provides that the principal or Superintendent shall schedule and notify in writing

and at the last known address, both the student and person in parental relation to the student

of an informal conference. At the conference, both the reasons for the pupil’s absence and

whether reasonable changes in the pupil’s educational program would encourage and facilitate the

pupil’s re-entry or continuation of study must be discussed. Following the conference, the pupil

and person in parental relation shall be informed orally and in writing of the pupil’s right to re-enter

at any time.

Note that the dropping of a student from an enrollment of a school is not considered to be a disciplinary

action in as much as a student has a statutory right to attend school between the ages of 5 and 21. The

entitlement to attend school may only be terminated by graduation or permanent suspension from

attendance at school after a hearing.

A student six to sixteen years of age (compulsory attendance age) must attend public school

pursuant to section 3205 of the New York Education Law.

The right to an education cannot be abridged without due process.

IV. Attendance

The Education Law requires that the students enrolled in the schools of this District attend

school on every school day unless legally excused. Students miss important instruction when absent. The educational program offered by this District builds skills and knowledge with every lesson. Missing instruction will leave students with skill and knowledge gaps that are difficult to overcome. Unwarranted absences (those that do not comply with state regulations for acceptable absences) which especially occur at or near vacation periods have a negative effect on the student as well as the entire educational program. ‘Therefore, the Board of Education urges all parents to make every effort for their children to be in attendance.

The board recognizes the importance of consistent attendance of a pupil for maximum benefit from classroom instruction. Its members also understand that a student’s critical thinking skills are enhanced by interaction with other students and adults in an appropriate classroom setting. They further acknowledge the value of fostering habits of good attendance and accountability in our students for them to carry into the workplace upon graduation.

The board recognizes that regular school attendance is a major component of academic success. Through implementation of this policy, the board expects to reduce the current level of unexcused absences, tardiness, and early departures (referred to in this policy as “ATED” encourage full attendance by all students, maintain an adequate attendance record keeping system, identify patterns of student ATED’s and develop effective intervention strategies to improve school attendance.

Notice

To improve attendance for all students in the district, it is important that all members of the school community are aware of this policy, its purpose, procedures and the consequences of non-compliance. To ensure that students, parents, teachers, and administrators are notified of and understand this policy, the following policy shall be implemented.

The attendance policy will be included in student handbooks and will be reviewed with students at the start of the school year.

Parents will receive a plain language summary of this policy included in the calendar mailed to each district resident at the start of the school year.

A copy of the attendance policy will be included in faculty and staff handbooks.

Copies of this policy will also be made available to any district resident upon request.

What is an excused absence vs. an unexcused absence?

EXCUSED Absences/Tardiness/Early

Departures:

UNEXCUSED Absences/Tardiness/Early Departures

· Personal illness

· Family crisis

· Department of motor vehicle licensing tests

· Illness

· Death in the family

· Impassable roads

· Weather making travel unsafe

· Religious observance

· Quarantine

· Required court appearances

· Attendance at health clinics

· College visits

· Armed service recruiting obligations

· Job interviews

· Approved school sponsored trips

· Remedial health treatment

· Work-Experience approved career educational experience

· All other absences/tardiness/early departures

· Family vacations

All absences, tardiness, and early departures must be documented. It is the parent’s responsibility to provide a written excuse upon the student’s return to school. With a parent’s permission, students who are 18 years or older may write their own excuses.

When is attendance taken during the school day?

· Elementary attendance will be taken at the beginning of the school day.

· Junior-senior high school attendance will be taken at the beginning of each class period.

How is attendance data reported?

· The reason for each absence/tardy/early departure will be listed on a student’s record according to the coding system included in the software system currently in use.

· Student attendance data shall be available to and should be reviewed by each building principal in a timely manner.

Attendance Incentives

The district will continue to acknowledge a student’s efforts to maintain or improve school attendance with the attendance awards and with special events for those students maintaining good attendance records.

Attendance/Grade

The Board of Education recognizes an important relationship between class attendance and student performance. Consequently, in the junior—senior high school each marking period a student’s final grade may include a classroom participation component in addition to a student’s performance on homework, tests, papers, projects. etc. Students are expected to attend all scheduled classes, whether in person or online.

Annual Review

The Board shall annually review building—level student attendance records and, if such records show a decline in student’s attendance, the Board shall devise this comprehensive attendance policy and make any revisions to the plan it deems necessary to improve student attendance.

Truancy is the willful violation by a student of compulsory attendance provisions in Article 65 of the Education Law, which requires minors from six to 16 or 17 years of age to attend school fulltime.

· Any school age child who is not legally excused and who is not in school during regular session will be considered truant.

· Students who are truant will be subject to disciplinary action.

· When a student is truant for the tenth time a letter will be generated and sent to his/her parent. Every 5 absences after this point will generate a letter being sent home to a parent. After 20 absences are recorded a conference will be scheduled with the administrator and counselor to establish intervention strategies.

Tardiness to School

· Students are expected to be on time to school and class every day. Students who are late to school must sign in at the main office. Students must also have a note signed by the parent explaining the reason and give the note to the main office. The main office secretary will record the tardy and the reason and issue a pass to class. Students who are tardy may be subject to disciplinary action.

· A student who arrives at school after 11:30A.M. is considered absent for half day, as well as being tardy.

· Students will be allowed four tardies per semester. Appointments will be included in this number. When unusual circumstances warrant special consideration, parents should notify the administration in writing.

· When a student is tardy for the tenth time a letter will be sent to his/her parent. Every 5 times tardy after this point will generate a letter being sent home to a parent. After 20 times being tardy a conference will be scheduled with the administrator and counselor to establish intervention strategies.

V. Prohibited Student Conduct

The Board of Education expects students to:

· Act in an appropriate and civil manner.

· Respect the rights and welfare of other students, district personnel and other members of the school community.

· Treat school facilities and equipment with care.

· Assume and accept responsibility for their own behavior.

· Accept the consequences of their misbehavior.

When dealing with disciplinary issues, the Board of Education expects district personnel to:

· Use disciplinary action only when necessary.

· Place emphasis on the student’s ability to grow in self-discipline.

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

A. Prohibited Conduct

A student may be subject to disciplinary action when he/she behaves in a manner which is:

1. disorderly, that is:

a. fighting, assaulting or behaving violently,

b. threatening another with bodily harm,

c. harassment, bullying, or intimidating students or school personnel (see also Anti-Bullying/Harassment, Hazing and Sexual Harassment policies),

d. making unreasonable noise,

e. being untruthful with school personnel or making false reports,

f. unauthorized use of personal electronic devices/equipment (ie., mp3 devices, cameras, and other personal electronic devices deemed inappropriate by the administration) could result in disciplinary actions. Students are prohibited from using or having on or in an operational mode any paging devices, laser pointers or pens, or any other type of telecommunications or imaging devices during instructional time, except as expressly permitted in connection with authorized use in classrooms. While students are permitted to possess such devices during parts the school day, they are prohibited from using them in any manner which invades the privacy of other students’ employees, volunteers, or visitors.

g. specifically, cell phone usage for 6-8 grade will be limited to before and after school. Grade 9-11 will be permitted to use cell phones before and after school, during lunch periods, in hallways, and in classrooms where teachers have given specific permission. 12th graders in good standing will be granted the same permissions as 9th-11th graders in addition to allowing usage during study halls.

h. unauthorized use of personal computer, laptop, tablet, or e-reader and/or other computerized information resource through the District computer system is prohibited as per the technology acceptable use policy.

i. obstructing vehicular or pedestrian traffic,

j. driving recklessly,

k. creating a hazardous or physically offensive condition by an act which serves no legitimate purpose,

l. loitering or trespassing

m. being present on or entering into any school property, function or vehicle without authorization,

n. disrupts or is reasonably likely to disrupt the educational process or school operations; or is

2. insubordinate, that is, failing to comply with the lawful directions of teachers, school administrators or other school employees in charge of the student; bus drivers, bus monitors and bus aides, law enforcement officers or

3. engages in any of the following forms of academic misconduct:

a. tardiness,

b. missing or leaving school or class without permission or excuse,

c. cheating, plagiarism, copyright/trademark violations or assisting another in such conduct

d. violation of the Board of Education policy on Student Publications, #7230, Use of Computer and Information Technology Policy #7151

e. improperly altering documents or records.

4. endangers the safety, health, morals, or welfare of themselves or others by any act, including but not limited to:

a. fighting, assaulting or behaving violently, threatening another with bodily harm,

b. 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. (Reference policies on Sexual Harassment, Anti-Bullying, Hazing)

c. bullying

d. cyber-bullying

e. sexting

f. making unreasonable noise,

g. possessing, consuming, selling, attempting to sell, distributing, or exchanging alcoholic beverages, tobacco, tobacco products (including any electronic smoking devices or products) or illegal and/or controlled substances, counterfeit and designer drugs, or paraphernalia for use of such drugs or be under the influence of any such substances on school property or at a school function. “Illegal substances” include but are not limited to, inhalants, marijuana, synthetic cannabinoids, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, drug paraphernalia, and any substances commonly referred to as “designer drugs.” (see #8096, “Substance Abuse” policy),

h. 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.,

i. using obscene, profane, lewd, vulgar or abusive language or behavior,

j. possession, sale, distribution, transfer or use of lewd or obscene materials,

k. gambling,

l. hazing,

m. extortion,

n. theft,

o. 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

p. misuse of school information technology (see Use of Computer and Information Technology-7151policy) or other school property.

5. engages in conduct that violates Board’s rules and regulations for the maintenance of public order on school property in Section XV below or Federal, State or local laws.

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, effect on school students, personnel, activities, functions or property.

Examples of misconduct include but are not limited to: cyber-bullying, sexting, threatening or harassing students or school personnel through the use of electronic devices.

VI. Student Dress Code

All students are expected to wear clothing that is suitable for active participation in scheduled classroom activities. Students and their parents have the primary responsibility for acceptable student dress and appearance. Teachers and all other district personnel should exemplify and reinforce acceptable student dress and help students develop an understanding of appropriate appearance in the school setting as detailed below.

1. Clothing must be suitable and safe for all scheduled classroom activities including physical education, science labs, shop classes, and other activities where unique hazards exist.

2. Clothing which exposes genitals, buttocks, and/or nipples is not permitted.

3. Ensure that under-garments are completely covered with outer clothing.

4. Include footwear at all times. Footwear that is a safety hazard will not be allowed.

5. Not include “dog” neck and wrist collars; excessive length chains/jewelry and jewelry with spikes are prohibited.

6. Violent language or images including obscenities, profanities, vulgarity, sexual or other harassment.

7. Images or language depicting tobacco, drugs, or alcohol (or any illegal item or activity) or the use of same.

8. Hate speech, profanity, pornography.

9. Images or language of unfounded charges, defamation, discriminatory statements, libelous statements.

10. Images or language that creates a hostile or intimidating environment based on any protected class.

11. Hats may be worn, provided they do not promote or endorse the use of alcohol, tobacco, or illegal drugs. Hats must be removed at the request of any staff member.

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

VII. Use of Electronic Devices

Students may possess cellular phones during the times listed in the chart below. At all other times, personal electronic devices must not be used or visible during school hours. Students that need to make a phone call must go to the main office or nurses’ office for permission.

For all students at all times: You may not record a person without permission of teacher AND permission of person you are recording (photo, etc.)

For all students:

· Before school starts

· After school

Gr. PK-5:

· (See list for all students)

· At 7:40 a.m., students grades P-2 must put personal cell phones and electronic devices in backpacks for the school day.

· At 7:40 a.m., students grades 3-5 must put personal cell phones and electronic devices in their lockers for the school day.

Gr. 6-8:

· (See list for all students)

· At 7:40 a.m., all personal cell phones and electronic devices must be silent and out of sight until the appropriate times for use (after school).

Gr. 9-11:

· (See list for all students)

· Students may use cell phones in between classes in the hallways.

· Students may use cell phones during lunch.

· Students may use cell phones in specified classrooms where permission has specifically been given.

· Other electronic devices (Ipods/mp3 players, games, cameras, music players, etc.) are not allowed unless the supervising teacher/aide gives permission. If other electronic devices are part of a cell phone, they cannot be used at any time.

· If supervising personnel requests that a student stop using personal electronic devices, that request shall be complied with immediately.

· At all other times, personal electronic devices must be silent and out of sight.

Gr. 12 (Students in good standing ONLY):

· (See list for all students)

· Students may use cell phones in between classes in the hallways.

· Students may use cell phones during lunch.

· Students may use cell phones in specified classrooms where permission has specifically been given.

· In study halls where permission has specifically been given.

· If supervising personnel requests that a student stop using personal electronic devices, that request shall be complied with immediately.

· At all other times, personal electronic devices must be silent and out of sight.

Consequences:

· First Offense PK-5: Administration will come and get device, student will get device at the end of the day. If an emergency occurs, parent should contact school so that student can get information in the safest way for student.

· First Offense 6-12: Teacher/aide confiscates device for remainder of the period.

· Second Offense all students: Teacher/aide turns device into the office and completes a referral. Parent will be notified. Student may retrieve the device at the end of the day.

· Third Offense all students: Teacher/aide turns device into the office and completes a referral. A parent must retrieve confiscated device.

· Fourth Offense all students: Student is not allowed to bring electronic device onto school property for the rest of the school year. Other consequences may result depending on the violation(s) that occur related to the electronic device.

VIII. Network/Internet Use

Students are responsible for good behavior on school computer networks just as in the classroom and school rules apply. The network is provided for students to do school related work.

Access to the network and Internet are privileges. Students must take the responsibility for their actions on these and follow sound protocol. Parental permission must be granted, on the Acceptable Use Form, for the student to have access and this permission will be kept on file for the school year.

The district maintains a network storage area for student work, which is deemed school property and can be periodically checked by administrators.

Any student who does not honor the agreement or uses the network or internet irresponsibly, (ie: cyber-bullying) may lose access.

Technology, Information Services, Computers, Internet Acceptable Use Policy Disciplinary Options:

Step 1- Administrator/Teacher conference with student and disciplinary action

Step 2- Detention and 5 days off the network

Step 3- In-School suspension and 10 days off network

Step 4- Out-of-School suspension and 20 days off the network

Step 5- Superintendent’s Hearing and network privileges revoked permanently

OCCURENCE

1st

2nd

3rd

4th

5th

INFRACTION

Steps

Engaging in an illegal act

4-5

Violating copyright laws

4-5

Attempting to override system security

3-5

Attempting to gain unauthorized access to the district educational computer system or any other computer system or go beyond authorized access

3-5

Engage in practices that threaten the district educational computer system (i.e. loading files that may produce a virus)

3-5

Violating regulations prescribed by the network administrator

3-5

Sending or displaying offensive messages or pictures

3-5

Using obscene, profane, lewd, vulgar, rude, inflammatory, threatening or disrespectful language

3-5

4-5

Harassing, insulting or attacking others

3-5

4-5

Using the computer system for non educational purposes (i.e.: playing purely recreational games)

1-2

2-3

3-4

4-5

Bringing games or other files to school from home and using them on district educational computer systems for non-educational purposes

1-2

2-3

3-4

4-5

Giving your I.D. and password to others to use

1-2

2-3

3-4

4-5

Trespassing in others’ folders, work, or files

2-3

3-4

4-5

Using other’s passwords

1-2

2-3

3-4

4-5

Unauthorized use of Personal Computer

1-2

2-3

3-4

4-5

IX. Student Automobile Use

Driving to school is a privilege. Students may not drive themselves or others to and from school unless permission is granted for special circumstances on a case-by-case basis. Priority will be given to seniors first and juniors second. The need for transportation to and from the driver’s place of employment is the primary determining factor of who is granted driving privileges. Student drivers will be assigned parking and must provide all forms to the main office prior to driving on school property. The following regulations must be followed.

1. Parental permission must be secured.

2. Parking is allowed only in the designated/assigned area.

3. Students may not go to their car during the regular school day without permission from the building administrator.

4. Extreme caution must be used at all times, and all NYS traffic laws must be followed.

5. Never pass a stopped school bus with its lights flashing.

6. When transporting another student, parental permission for both driver and passenger must be in writing and submitted to the main office prior to driving on school property.

7. Being on time to school is required.

8. Driving privileges may be revoked if student does not attend extra help sessions when not in good standing.

Violations of these regulations may result in loss of driving privileges.

X. The Dignity for All Students Act—DASA (Summary)

Otselic Valley Central School District condemns and prohibits all forms of bullying, harassment and discrimination of students, including but not limited to, based on actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, gender identification, sex or any other legally protected status by school employees or students on school property and at school‐sponsored activities and events that take place at locations on school property. In addition, any act of bullying, harassment or discrimination outside of school sponsored events, which creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that such conduct might reach school property, may be subject to discipline.

The Dignity Act Link: https://www.p12.nysed.gov/dignityact/

School District Responsibilities

Designated DASA Coordinators:

Mrs. Shelly Richards, Executive Principal

Mrs. Elizabeth Barber-Breese, P-12 Principal

125 County Rte. 13 A

PO Box 161

South Otselic, NY 13155

(315) 653-7218

srichard@ovcs.org

ebarberbreese@ovcs.org

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. Disciplinary action should not be the first resort for many behaviors, rather, emphasis should be placed on people’s ability to grow in self‐regulation. School personnel who interact with students are expected to use disciplinary action only when necessary.

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

1. The student’s age.

2. The nature of the offense and the circumstances which led to the offense.

3. The student’s prior disciplinary record.

4. The effectiveness of other forms of discipline.

5. Information from parents, teachers and/or others, as appropriate.

6. Other extenuating circumstances.

Depending on the nature of the violation, it is the Board’s desire that student discipline be progressive. For example, 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. 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.

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

4. Detention

5. Suspension from transportation

6. Suspension from athletic participation

7. Suspension from social or extracurricular activities

8. Suspension of other privileges

9. In-school suspension or exclusion from a particular class

10. Removal from classroom by teacher or principal

11. Short-term (five days or less) suspension from school

12. Long-term (more than five days) suspension from school

13. Permanent suspension from school

B. 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 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 conferences;

9. Involvement of parent-teacher organizations; and

10. Peer support groups.

C. 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.

Disciplinary Options

Step 1- Administrator/Teacher conference with student and disciplinary action

may include verbal warning/written warning

Step 2- Detention (lunchtime or other)

Step 3- In-School-Suspension

Step 4- Out-of-School suspension

Step 5- Superintendent’s Hearing

OCCURRENCE

1ST

2ND

3RD

4TH

5TH

INFRACTION

STEPS

Assault/violence - Threat of

3-5

4-5

Bullying/Cyber Bullying/Cyber Threat

1-5

2-5

3-5

Cutting Class

1-2

2-3

3-4

3-5

Discrimination

1-5

2-5

3-5

Drugs/Alcohol – Use of/Sale of

4-5

Endangerment – Threat of

1-5

Explosives – Threat of

4-5

Fighting – Threat of

3-5

4-5

Gambling

3-5

Harassment

1-5

2-5

3-5

Insubordination

1-5

2-5

3-5

Leaving Building

1-5

3-5

4-5

Leaving Grounds

3-5

4-5

Misconduct-Disruptive

1-5

2-5

3-5

Profanity (Non-directed)

1-3

2-3

3-4

4-5

Profanity (Directed)

3-5

4-5

Tardiness-unexcused

Theft

3-5

Tobacco/Vaping Products–Use of/Sale of

3-5

Truancy

Unauthorized Unsupervised Area

1-5

3-5

4-5

Vandalism – must repay or repair

1-5

2-5

3-5

4-5

Weapon – Possession of/Threat of Use

4-5

Academic Misconduct

Student receives a grade zero for work or examination

Library Misconduct

Restricted use of Library

Pass Abuse

Pass restriction for a minimum of 10 school days

Please note: Any suspension from attendance may be imposed only in accordance with Education Law, which allows the questioning of an accuser. The building administrator shall determine the type and extent of punishment. The suspension for possession of a weapon shall not be less than one year, unless the Superintendent modifies the punishment.

Students who are to be given penalties other than an oral warning, written warning or written notification to their parents are entitled to additional rights before the penalty is imposed. These additional rights are explained below.

1. Detention: Teachers, principals and the superintendent may use after school detention as a penalty for student misconduct in situations where removal from the classroom or suspension would be inappropriate. Detention will be imposed as a penalty only after the student’s parent has been notified to confirm that there is no parental objection to the penalty and the student has appropriate transportation home following detention.

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

3. Suspension from athletic participation, extracurricular activities and other privileges: A student subjected to a suspension from athletic participation, extra-curricular 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 will be provided with a reasonable opportunity for an informal conference with the district official imposing the suspension to discuss the conduct and the penalty involved.

4. In-school suspension: The board recognizes the school must balance the need of students to attend school and the need for order in the classroom to establish an environment conducive to learning. As such, the board authorizes building principals and the superintendent to place students who would otherwise be suspended from school as the result of a code of conduct violation in “in-school suspension.” The in-school suspension teacher will be a certified teacher.

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 will be provided with a reasonable opportunity for an informal conference with the district official imposing the in-school suspension to discuss the conduct and the penalty involved.

5. 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:

· Use of alternative classroom setting or a short “time in an administrator’s office

· Sending a student to the principal’s office for the remainder of the class time only

· Sending a student to a counselor or other district staff member for counseling

Such classroom management techniques are not the same as 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.

After consultation with a school Administrator, trained school personnel may

remove a disruptive student from class. 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 trained school personnel 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, a trained school

personnel may assist in the removal of the student immediately. The trained

school personnel 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 in collaboration with the trained school personnel must complete a district-established disciplinary removal form, in addition to a regular school tool referral 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 by telephone, email, or other specified manner.

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.

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

The board retains its authority to suspend students, but places primary responsibility for the suspension of students with the superintendent 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.

a. Short-term (5 days or less) suspension from school

When the superintendent or principal (referred to as the “suspending authority”) proposes to suspend a student charged with misconduct for five days or less pursuant to Education Law 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 by calling them on the telephone, followed by a written notice within 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 of the right to request an immediate informal conference with the principal. Both the notice and informal conference shall be in the dominant language or mode of communication used by the parents. At the conference, the parents 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 in writing of his or her decision. The principal shall advise the parents that if they are not satisfied with the decision and wish to pursue the matter, they must file a written appeal to the superintendent within five business days, unless they can show extraordinary circumstances precluding them from doing so. The superintendent shall issue a written decision regarding the appeal within 10 business days of receiving the appeal. If the parents are not satisfied with the superintendent’s decision, they must file a written appeal to the Board of Education with the district clerk within 3 business days of the date of the superintendents’ 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 30 days of the decision.

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

When the superintendent or building principal determines that a suspension for more than five days may be warranted, he or she shall give reasonable notice to the student and the student’s parents of their right to a fair hearing. At the hearing the student shall have the right to be represented by counsel, the right to question witnesses against him or her and the right to present witnesses and other evidence on his or her behalf.

The superintendent shall personally hear and determine the proceeding or may, in his or her discretion designate a hearing 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 20 business days of the date of the superintendent’s decision, unless the parents 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 30 days of the decision.

c. Permanent suspension

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

D. 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 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:

a. The student’s age

b. The student’s grade in school

c. The student’s prior disciplinary record

d. The superintendent’s belief that other forms of discipline may be more effective

e. Input from parents, teachers, and/or others

f. Other extenuating circumstances

A student with a disability may be suspended only in accordance with the requirements of

state and federal law.

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

Any student, 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 up to five days. If the proposed penalty is for the full five-day suspension period, the student and the student’s parents will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed penalty exceeds the five-day suspension period, the student and the student’s parents will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The superintendent has the authority to modify the minimum five-day suspension on a case-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 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 or more occasions during a semester. If the proposed penalty is the minimum five-day suspension, the student and the student’s parents will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed penalty exceeds the minimum five-day suspension, the student and the student’s parents will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The superintendent has the authority to modify the minimum five-day suspension on a case-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.

E. 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:

a. Being habitually truant and not attending school as required by part one in Article 65 of the Education Law.

b. 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.

c. 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:

a. Any student under the age of 16 who is found to have brought a weapon to school, or

b. Any student 14 or 15 years old who qualifies for juvenile offender status under the Criminal Procedure Law 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.

XII. Student Searches and Interviews

The Board of Education is committed to ensuring an atmosphere on school property and at school functions that is safe and orderly. To achieve this kind of environment, any school official authorized to impose a disciplinary penalty on a student may question a student about an alleged violation of law or the district code of conduct. Students are not entitled to any sort of “Miranda” type warning before being questioned by school officials, nor are school officials required to contact a student’s parent before questioning the student. However, school officials will tell all students why they are being questioned.

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 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 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, hand held metal detectors, alcohol sensing equipment, and the sniffing of a student by police search dogs. These searches will be done in the nurse’s office with a least two administrators present.

Searches of the student’s person should be performed or witnessed by at least one 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 the nurse’s office and students may be present when their possessions are being searched.

XIII. 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.

XIV. 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 enjoy 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 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:

a. 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 consecutive school days and not to exceed the amount of time a non-disabled student would be subject to suspension for the same behavior.

b. The superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for up to 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.

c. The superintendent may order additional suspensions of not more than 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.

d. 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 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.

3. 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 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:

a. for more than 10 consecutive school days; or

b. for a period of 10 consecutive school days, or less if the student is subjected to a series of suspensions or removals that constitute a pattern because they cumulate to more than 10 school days in a school year 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:

a. 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 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 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 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.

b. 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 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.

a. 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.

b. 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 of such determination, in the manner required by applicable law and regulations

3) the parent 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 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 of a student with disabilities subject to a suspension of five consecutive school days or less shall be provided with the same opportunity for an informal conference available to parents 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 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 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:

a. 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.

b. The parent 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.

i) 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 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 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 within five business days after the last hearing date, and in no event later than 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.

XV. 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 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.

XVI. Behavioral Expectations for Visitors and Essential Partners

Parents and other citizens of the District are encouraged to visit the schools to better understand the process of education.

In order to avoid disruption of the educational process, visitors are expected to comply with this policy, and other applicable District policies.

All visitors must report to the school office or other designated individual to request a visitor’s pass to be allowed further access to the building unless previously invited to a classroom or assembly program.

Members of the School District staff will treat parents 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, 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.

XVII. 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, employee, or Board member, 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.

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 license or invitation is withdrawn and shall direct him to leave the district grounds. In the event of his failure or refusal to do so, the superintendent or designee shall cause his 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 is not authorized to remain on the property of the district, and direct him to leave such premises. In the event of his failure or refusal to do so, the superintendent or designee shall cause his 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 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 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 deems necessary in causing the ejection of any violator of these rules, and he 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 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.

XVIII. Dignity for All Students Act Policy (Detailed Explanation)

At least one 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. The designation of each Dignity Act Coordinator shall be approved by the Otselic Valley Central School District Board of Education.

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:

a. Listing such information in the code of conduct and updates posted on the Internet web site of the Otselic Valley Central School District.

b. 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(I)(2)(iii)(b)(3);

c. Include such information in at least one district or school mailing per school year to parents and persons of parental relation and, if such information changes, in at least one subsequent district or school mailing as soon as practicable thereafter;

d. Posting such information in highly-visible areas of school buildings; and

Making such information available at the district and school-level administrative offices.

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.

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 are to be implement in 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 Otselic 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 by 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.

XVIV. Essential Partners Rights and Responsibilities and Expectations

(Detailed Explanation)

A. Student Bill of Rights

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, including but not limited to instances of discrimination or harassment.

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.

C. Parents

All parents are expected to:

1. Recognize that the education of their children is a joint responsibility of the parents and the school community.

2. Send their children to school ready to participate and learn.

3. Ensure their children attend school regularly and on time.

4. Ensure absences are excused.

5. Insist their children be dressed and groomed in a manner consistent with the student dress code.

6. Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly environment.

7. Know school rules and help their children understand them.

8. Convey to their children a supportive attitude toward education and the district.

9. Build good relationships with all school personnel, other parents 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.

D. 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 practice, 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 committed against students by employees or students 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. Transportation/Custodial Staff

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.

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.

F. Support Staff

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.

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.

G. Teachers

All district teachers are expected to:

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

3. Be prepared to teach.

4. Demonstrate passion in teaching and a keen awareness of student achievement.

5. Know school policies and rules and enforce them in a fair and consistent manner.

6. Communicate to students and parents:

a. Course objectives and requirements

b. Marking/grading procedures

c. Assignment deadlines

d. Expectations for students

e. Classroom discipline plan

7. Communicate regularly with students, parents and other teachers concerning growth and achievement.

8. Confront issues of discrimination and harassment committed against students by employees or students 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.

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

10. Report infractions of the Code of Conduct, including but not limited to instances of discrimination or harassment.

H. School Counselors/Social Workers/Psychologists

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

3. Initiate teacher/student/counselor conferences and parent/teacher/student/counselor conferences, as necessary, as a way to resolve problems.

4. Regularly review with students and parents their educational progress and career plans.

5. Provide information to assist students and parents with career planning.

6. Encourage students to benefit from the curricular and extracurricular programs.

7. Confront issues of discrimination and harassment committed against students by employees or students 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.

I. Building Level Administrators

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 committed against students by employees or students 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.

J. District Level Administrators

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.

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.

K. Board of Education

1. Collaborate with student, teacher, administrator, and parent organizations, school safety personnel and other school personnel to develop a code of conduct that clearly defines expectations for the conduct of students, district personnel and visitors on school property and at school functions.

2. Adopt and review at least annually the district’s code of conduct to evaluate the code’s effectiveness and the fairness and consistency of its implementation.

3. Lead by example by conducting board meetings in a professional, respectful, courteous manner.

XX. 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 summary of the code of conduct written in plain language available to all parents at the beginning of the school year and making such available thereafter upon request.

3. Placing a copy of the code of conduct and a summary of the code of conduct written in plain language on the school district website.

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 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 organizations, school safety personnel and other school personnel.

Before adopting any revisions to the code, the board will hold at least one public hearing at which school personnel, parents, 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.

XXI. 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 extra-curricular event or activity (Education §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 for purposes of the Gun-Free Schools Act. It also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger, dirk, razor, stiletto, 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 when used to 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 sough or held (Education Law §11[4] and Executive Law §292[21]).

“Harassment” means the creation of a hostile environment by conduct, with or by verbal threats, intimidation or abuse that 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 conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; the harassing behavior may be based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation or gender (identity or expression) (Education Law §11[7]).

“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.

“Bullying” is a form of harassment that consists of inappropriate and often persistent behavior including threats or intimidation of others, treating others cruelly, terrorizing, coercing, or habitual put-downs and or badgering of others.

Bullying occurs when someone purposely says or does mean or hurtful things to another person who has a hard time defending oneself or is in an otherwise vulnerable position.

“Cyber-bullying” refers to any harassment/bullying, on or off school property, which occurs via the internet, cell phones or other electronic devices.

“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.

“Trained School Personnel” refers to a member of the school staff that has been certified by a therapeutic crisis intervention program identified by the district.

Otselic Valley Central School District

2023-2024 Code of Conduct