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Code of Student Conduct

Procedures for Addressing Student Misconduct and Violations of the Code of Student Conduct

XVI. Procedures for Addressing Student Misconduct and Violations of the Code of Student Conduct
    A. Discipline is most effective when it deals directly with the problem at the time and place it occurs and in a way that students
    view as fair and impartial.
    B. 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 that led to the offense.
        3. The student's prior disciplinary record.
        4. The appropriateness of other forms of discipline.
        5. Information from parents, teachers, staff and/or others, as appropriate.
        6. Other extenuating circumstances.
    C. As a general rule, discipline will be progressive, meaning that a student's first violation will usually merit a lighter penalty than
    subsequent violations. However, school personnel may impose a more severe penalty for a first violation depending on the specific
    facts and circumstances of the incident.
    D. 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.
    E. The building principal or designee will consult with the appropriate local law enforcement agency regarding violations that
    constitute a crime. Notification may be made by telephone, followed by a letter mailed on the 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 constituted a
    crime.
    F. If the conduct of a student is related to a disability or suspected disability, the students shall be referred to the Committee on
    Special Education, when required by law. 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 related to his/her disability, except to the extent permitted
    by law.
    G. Reporting Violations
        1. All students are expected to promptly report violations of the code of conduct to any staff member or administrator.
        2. Any student observing another student possessing a weapon, alcohol or illegal substance on school property or at a school
        function shall report this information immediately to any staff member or administrator.
        3. All school district personnel who are authorized to impose disciplinary sanctions are expected to do so in a prompt, fair and
        lawful manner. School district personnel who are not authorized to impose disciplinary sanctions are expected to promptly
        report violations of the code of conduct to their supervisor, who shall in turn impose an appropriate disciplinary sanction, if so
        authorized, or refer the matter to a staff member who is authorized to impose an appropriate sanction.
    H. Removal of a Disruptive Student from the Classroom
        1. 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. These techniques may include practices that involve the teacher
        directing a student to briefly leave the classroom, to give the student an opportunity to regain his or her composure and self-
        control in an alternative setting.
        2. Time honored classroom management practices may include, but are not limited to:
            a. Short-term "time-out" in an elementary classroom or in a school administrator's office;
            b. Sending a student into the hallway briefly;
            c. Sending a student to the building principal's office for the remainder of the class time only;
            d. Sending a student to a school counselor or other district staff member for counseling.
        3. Note: If a time frame in this section would expire on a day that is not a school day, the time period will be extended to the
        corresponding time on the next school day.
        4. 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.
        5. 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.
        6. A removal of a student from class at the secondary level will be for up to three days. The removal from class applies to the
        class of the removing teacher only. A removal at the elementary level will be for up to two days. The removal from class applies
        to the specific instructional setting of the removing teacher only.
        7. If the disruptive student does not pose a danger or ongoing threat of disruption to the academic process, the teacher must
        provide the student with an explanation for why he or she is being removed and an opportunity to explain his or her version of
        the relevant events before the student is removed. Only after the informal discussion may a teacher remove a student from
        class.
        8. If the student poses a danger or ongoing threat of disruption, the teacher may order the student to be removed
        immediately. The teacher must, however, explain to the student why he or she was removed from the classroom and give the
        student a chance to present his or her version of the relevant events within 24 hours. (If the 24-hour period does not end on a
        school day, the time period will be extended to the corresponding time on the next school day.)
        9. The teacher must complete a disciplinary removal form and meet with the building principal or designee as soon as possible,
        but no later than the end of the school day, to explain the circumstances of the removal and to present the removal form. If
        the building 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.
        10. Within 24 hours after the student's removal, the building principal or designee must notify the student's parents, in writing,
        that the student has been removed from the class and why. The notice must also inform the parent that he or she and the
        student have the right, upon request, to meet informally with the principal or designee to discuss the reasons for the removal.
        (If the 24-hour period does not end on a school day, the time period will be extended to the corresponding time on the next
        school day.)
        11. The written notice must be provided by personal delivery, express mail delivery or some other means that is reasonably
        calculated to ensure receipt of the notice at the last known address for the parents within 24 hours of the student's removal.
        Where possible, notice should also be provided by telephone if the school has been provided with a telephone number (s) for
        the purpose of contacting parents. (If the 24-hour period does not end on a school day, the time period will be extended to
        the corresponding time on the next school day.)
        12. The informal meeting, if requested by the parents/guardians, must be held within 48 hours of the student's removal. The
        timing of the informal meeting may be extended by mutual agreement of the parent and building principal. The building
        principal will require the teacher who ordered the removal to attend the informal conference. If at the informal meeting the
        student denies the charges, the building principal or the assistant principal must explain why the student was removed and
        give the student and the student's parents a chance to present the student's version of relevant events.
        13. The building principal or the assistant principal, if designated by the building principal, may overturn the removal of the
        student from class if the building principal finds any of the following:
            a. The charges against the student are not supported by substantial evidence.
            b. The student's removal is otherwise in violation of law, including the code of conduct.
        14. The conduct warrants suspension from school pursuant to Education Law Section 3214 and a suspension will be imposed.
        15. The building principal or designee may overturn a removal at any point between receiving the referral form issued by the
        teacher and the close of business on the day following the 48-hour period for the informal conference, if a conference is
        requested. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom
        until the building principal makes a final determination or the period of removal expires, whichever is less.
        16. Any disruptive student removed from the classroom by the classroom teacher shall be offered continued educational
        programming and activities until he or she is permitted to return to the classroom.
        17. Each teacher must keep a complete log (on a district-established form) for all cases of removal of students from his or her
        class. The building principal must keep a log of all removals of students from class.
        18. 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
        building principal that the removal will not violate the student's rights under state or federal law or regulation.

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