Code of Student Conduct
consequences and sanctions
XVII. Consequences and Sanctions
A. Level I: Any misbehavior that represents an infraction of
the established procedures that regulate the operation of the school
and its educational process is considered a Level I
infraction.
1. Examples of Level I Infractions
a. Dress code
violations;
b. Failure to
complete homework/coursework;
c. Unprepared
for physical education;
d.
Inappropriate behavior in school, including on the bus and during lunch,
recess, school assemblies, and other school
sponsored
events or activities;
e.
Swearing/inappropriate language;
f. Use of
unapproved electronic devices (those with no educational purpose) such
as radios, CD players, mp3 players, cell
phones, video
games, pagers or laser pointers;
g.
Buying/selling items without prior approval of school district official;
h. Abuse of
student privileges ;
i. Minor
class disruptions;
j. Failure of
student leader (such as not limited to safety patrol, student government
representative, athletic team leaders,
class
officer) to exemplify positive student behavior;
k. Tardiness;
l. Class
cutting/leaving class without permission;
m. Unexcused
absence/truancy;
n.
Cheating/plagiarism;
o.
Insubordination.
2. Level I Consequences: Building principal or designee may
choose one or more of the following consequences.
a. Loss of
privileges (such as, but not limited to, parking, participation in
student activities and events);
b.
Counseling;
c. Detention;
d. Parent
contact/conference;
e. Verbal
reprimand;
f.
Confiscation of electronic devices;
g. Removal,
replacement or covering of item that violates dress code;
h. Loss of
student leadership position;
i. Internal
School Suspension
j. Restricted
Study Hall.
B. Level II: Any misbehavior whose frequency and/or
seriousness disrupts the educational process or poses a threat to the
health
and safety of others is considered a Level II infraction.
These infractions may be reported to the NYS Education Department as
violent and disruptive incidents.
1. Examples of Level II Infractions
a. Recurring
or serious Level I infractions;
b.
Harassing/bullying/cyberbullying and cyberthreats/menacing;
c. Physically
aggressive behavior;
d. Cutting
detention;
e. Physical
altercation;
f.
Inappropriate use of computer or Internet access;
g. Vandalism
totaling less than $100;
h.
Possession, use, sale or distribution of tobacco products or alcohol ;
i. Gambling.
2. Level II Consequences: Building
principal or designee may choose one or more of the following
consequences.
a.
Continuation of Level I consequences;
b. In-school
suspension;
c. Suspension
from recess;
d. Suspension
from lunch;
e. Removal
from class;
f. Off-Campus
Intervention Program;
g. External
suspension;
h. Suspension
from transportation;
i. Loss of
computer or Internet privileges;
j.
Restitution;
k.
Principal's hearing;
l. Filing of
a Person in Need of Supervision (PINS) Petition.
C. Level III: Any misbehavior that poses an immediate threat
to the health and safety of self or others in school and may require
police intervention is considered a Level III infraction.
These infractions are reported to the NYS Education Department as
violent
and disruptive incidents.
1. Examples of Level III Infractions
a. Recurring
or serious Level I or II infractions;
b. Assault
resulting in physical injury/serious physical injury;
c. Vandalism
totaling more than $100;
d.
Possession, use or threatened use of a weapon;
e.
Possession, use, sale or distribution of illegal drugs or unauthorized
prescription drugs;
f. Burglary;
g. Arson;
h. Bomb
threat/false fire alarm/false 911 call;
i. Homicide;
j. Sexual
offenses (forcible and other);
k. Robbery;
l.
Kidnapping;
m. Reckless
endangerment;
n. Larceny;
o. Rioting;
p. Possession
of fireworks;
q. Extortion;
r. Hazing;
s.
Trespassing.
2. Level III Consequence: Building
principal or designee may choose one or more of the following
consequences.
a.
Continuation of Level I or II consequences ;
b. External
suspension;
c.
Superintendent's hearing;
d. Exclusion
from school.
D. Guidelines for Student Suspensions
1. The Board of Education of the
Bethlehem Central School District retains the authority to suspend
students but places
primary responsibility for the
suspension of students with the Superintendent and the building
Principals.
2. The Superintendent, Principals, or
their designees are assigned responsibility to following the procedures
appropriate for
student suspension as follows:
a. Keep
careful records of all violations of school regulations. This should
include names, dates, circumstances, investigation
and
disposition.
b. Utilize
support personnel to find ways of helping the student and/or
parents/person(s) in parental relation to solve the
problem
(teachers, guidance, psychologists, social worker, attendance officer,
etc.).
c. Utilize
school and community agencies that might prove helpful.
d. Record all
attempts to deal with problems, including conferences with
parents/person(s) in parental relation, teacher
observations,
record of referrals to other personnel and agencies and their reports.
e. When the
building principal has exhausted all available alternatives and
resources and feels that the student's continued
presence in
school would constitute a threat or danger to himself/herself or other
students or that the student is "violent
and/or
disruptive" as defined in accordance with law and Commissioner’s
Regulations, the matter should also be referred to
the
superintendent of schools.
f. Teachers
are required to immediately report and refer violent students to the
building principal or superintendent for a
violation of
the code of conduct and a minimum suspension period pursuant to
Education Law Section 2801. However, the
suspending
authority may reduce such period on a case-by-case basis to be
consistent with any other state and federal law.
g. A
"disruptive student" is defined in Education Law as an elementary or
secondary student under 21 years of age who is
substantially
disruptive of the educational process or substantially interferes with
the teacher’s authority over the
classroom.
h. As further
enumerated in the Commissioner’s Regulations, “repeatedly is
substantially disruptive of the educational
process or
substantially interferes with the teacher’s authority over the
classroom” shall mean engaging in conduct that
results in
the removal of the student from the classroom by the teacher(s) pursuant
to Education Law and the provisions set
forth in the
code of conduct on four (4) or more occasions during a semester, or
three (3) or more occasions during a
trimester, as
applicable.
i. Pursuant
to the code of conduct, a minimum suspension period shall be established
for students who repeatedly are
substantially
disruptive of the educational process or substantially interfere with
the teacher’s authority over the
classroom.
However, the suspending authority may reduce such period on a
case-by-case basis to be consistent with any
other state
and federal law.
j. When a
student is removed from class by a teacher or has been suspended and is
of compulsory attendance age,
immediate
steps shall be taken to provide alternative instruction that is of an
equivalent nature to that provided in the
student's
regularly scheduled classes. "Immediate" does not mean instantaneously,
but it does mean that the school
administrator
should act promptly, with due regard for the nature and circumstances of
the particular case.
1) Suspension: Five School Days or Less
i. Students who bring a weapon to school. Any student, found guilty of
bringing a weapon onto school property will be
subject to suspension from school for at least one calendar year.
ii. Before being suspended, the student will have an opportunity for a
hearing pursuant to Education Law §3214.
iii. The superintendent has the authority to modify the penalty. The
superintendent may consider the following:
1. The student's age;
2. The student's grade in school;
3. The student's prior disciplinary record;
4. The superintendent's belief that other forms of discipline may be
more effective;
5. Input from parents, teachers and/or others;
6. Other extenuating circumstances.
k. Students
who commit violent acts other than bringing a weapon to school.
l. Any
student who is found to have committed a violent act, other than
bringing a weapon onto school property, shall be
subject to
suspension from school for at least five days. If the proposed penalty
is the minimum five-day suspension, the
student and
the student's parents will be given the same notice and opportunity for
an informal conference given to all
students
subject to a short-term suspension.
m. 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.
n. 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.
o. Students
who are repeatedly substantially disruptive of the educational process
or repeatedly substantially interfere with
the teacher's
authority over the classroom.
p. Any
student 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
three days.
1) 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 §3214 (3-a) and this code on four
or more occasions during a semester, or three or more occasions during a
trimester.
q. The
student and the student's parent will be given the same notice and
opportunity for an informal conference given to
all students
subject to a short-term suspension.
1) If the proposed penalty exceeds the minimum five-day suspension, the
student and the student's parent will be given
the same notice and opportunity for an informal conference given to all
students and subject to a long-term suspension.
2) The superintendent has the authority to modify the minimum 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.
r. When a
student may be suspended from school for a period of five (5) school
days or less, the suspending authority shall
immediately
provide the student with notice of the charged misconduct. If the
student denies the misconduct, the
suspending
authority shall provide an explanation of the basis for the proposed
suspension.
1) Administration shall also immediately notify the legal guardians in
writing that the student may be suspended from
school.
2) Written notice shall be provided by personal delivery, express mail
delivery, or equivalent means reasonably calculated
to assure receipt of such notice within 24 hours of the decision to
propose suspension at the last known address of
addresses of the parents/persons in parental relation.
3) Where possible, notification shall also be provided by telephone if
the school has been provided with a telephone
number(s) for the purpose of contacting parents/or legal guardians.
4) Such notice shall provide a description of the charges for which
suspension is proposed and shall inform the student
and the parent/legal guardian of their right to request an immediate
informal conference with the building principal that
will include the right of the student to confront complaining witness(es)
in accordance with the provisions of Education
Law §3214(3)(b).
5) Both the notice and the informal conference shall be in the dominant
language or mode of communication used by the
parent/legal guardian. 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.
6) If the student's presence does pose such a danger or threat of
disruption, the notice and opportunity for an informal
hearing shall take place as soon after the suspension as is reasonably
practicable.
7) After the hearing, 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 preventing them from doing so.
8) 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 via the district clerk within 10 business days of the date of
the superintendent's decision, unless they can
show extraordinary circumstances precluding them from doing so.
9) Only final decision of the Board may be appealed to the Commissioner
within 30 days of the decision. Written appeals
must be addressed/delivered to:
President, Board of Education
Bethlehem Central School District
District Offices
Delmar, New York 12054
3. Suspension: More than five school
days
a. When the
superintendent 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.
b. 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.
c. A record
of the hearing shall be maintained, but no stenographic transcript shall
be required. A tape recording shall be
deemed a
satisfactory record.
d. 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.
e. An appeal
of the decision of the superintendent may be made to the Board of
Education which will make its decision
based solely
upon the record before it. All appeals to the Board must be in writing
and submitted to the district clerk
within 10
business days of the date of the superintendent’s decision, unless the
parents can show that extraordinary
circumstances
precluded them from doing so. The Board may adopt, in whole or part, the
decision of the superintendent.
Final
decisions of the Board may be appealed to the Commissioner within 30
days of the decision.
f. Where the
basis for a suspension is, in whole or in part, the possession on school
grounds or school property by the
student of
any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor,
stiletto, or any of the weapons, instruments or
appliances
specified in Penal Law §265.01, the hearing officer or the
superintendent shall not be barred from considering
the
admissibility of such weapon, instrument or appliance as evidence,
notwithstanding a determination by a court in a
criminal or
juvenile delinquency proceeding that the recovery of such weapon,
instrument or appliance was the result of an
unlawful
search or seizure.
g. A record
of the hearing shall be maintained, but no stenographic transcript shall
be required and a tape recording shall
be deemed a
satisfactory record. When a student has been suspended and is of
compulsory attendance age, immediate
steps shall
be taken to provide alternative instruction that is of an equivalent
nature to that provided in the student’s
regularly
scheduled classes. Although the alternative instruction need not match
in every respect the instructional program
previously
offered to the student, it must be adequate enough so that the student
may complete his/her course work.
h. In the
case of a potential long term suspension and/or disciplinary change in
educational placement of a student
classified as
having a disability or a student presumed to have a disability for
discipline purposes as defined pursuant to law
and
regulation, a referral to the District Committee on Special Education
will be made to determine if the behavior giving
rise to the
suspension is directly related to the disability. Suspension and/or
disciplinary change in educational placement
of students
with disabilities and students presumed to have a disability for
discipline purposes shall be in accordance with
federal and
state law and due process requirements.
4. Referral to Juvenile Justice
System
a. PINS
Petitions: The district may file a PINS (person in need of supervision)
petition in Family Court on any student under
the age of 18
who demonstrates that he or she requires supervision and treatment by:
1) Being habitually truant and not attending school as required by part
one of Article 65 of the Education Law.
2) Engaging in an ongoing or continual course of conduct that makes the
student ungovernable, or habitually disobedient
and beyond the lawful control of the school.
3) Knowingly and unlawfully possesses controlled substances in violation
of penal Law §221.05. A single violation of §221.05
will be a sufficient basis for filing a PINS petition.
4) 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:
i. Any student under the age of 16 who is found to have brought a weapon
to school; or
ii. Any student 14 or 15 years old who qualifies for juvenile offender
status under the Criminal Procedure Law §1.20
(42).
iii. The superintendent is required to refer students age 16 and older
or any student 14 or 15 years old who qualify for
juvenile offender status to the appropriate law enforcement authorities.