2023 Code of Conduct (revised 3/18/24)

1. Students need to be supported and engaged in school in order to promote strong character and appropriate conduct. It is also essential that students are able to take age-appropriate responsibility for their own behavior.

Student engagement is developed when students are provided with multiple opportunities to participate in a wide range of positive social activities while interacting with caring, supportive adults. This helps to ensure that students are better able to:

recognize and manage emotions;
develop caring and concern for others;
establish positive relationships;
make responsible decisions; and
handle challenging situations constructively and ethically.

2. Effective and engaging instruction and positive behavioral supports are the foundations of a positive school climate. School teachers, administrators, and other staff are encouraged to set high expectations for student success, build positive relationships with students, as well as teach and model appropriate behaviors for success. Modeling respectful, positive behavior is especially critical during disciplinary interventions.

3. All adults – teachers, principals, administrators, school staff, parents, and the larger community – have an obligation to help students become good citizens and lead productive lives by modeling desired behaviors and cultivating those behaviors in students.

4. Appropriate conduct and strong character are reflected in a civil, respectful, healthy, and caring environment.

Student discipline, support policies, and practices will be implemented in a manner that is caring, equitable, respectful, and based on trust among administration, staff, students, and families and holds all individuals accountable, but is restorative and solutions-oriented, rather than punitive. This will help students:

learn from their mistakes;
understand why their behavior was unacceptable;
acknowledge the harm they caused or the negative impact of their actions;
understand what they could have done differently;
take responsibility for their actions;
learn pro-social strategies and skills to use in the future; and
understand that further consequences and/ or interventions will be implemented if their unacceptable behavior persists.

5. The District will continuously monitor results in an effort to determine strategies for
improvement.

II. Introduction

The Goshen Central School District 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. The school district is committed to:

ensuring each student is healthy, safe, engaged, supported, and challenged;
helping students develop self-discipline and social and emotional growth; and
guiding students in the improvement and correction of inappropriate, unacceptable, and
unsafe behaviors.

Responsible behavior by students, teachers, other district personnel, parents, and other visitors is expected, as it is essential to achieving this goal.

For this to happen, everyone in the school community must demonstrate and offer respect to others.

With the recognition that all children make mistakes and that this is part of growing up, schools must help all students learn to grow from their mistakes. School discipline policies should support students and teachers and ensure that everyone is treated with dignity and respect.

Student engagement is also integral to creating a positive school climate and culture that effectively fosters students’ academic achievement and social/emotional growth. Providing students with multiple opportunities to participate in a wide range of pro-social activities and at the same time to develop a bond with caring, supportive adults reduces negative behavior. Examples can include: providing students with meaningful opportunities to share ideas and
concerns and participate in school-wide initiatives; student leadership development; periodic recognition of students’ achievements in a range of academic and co-curricular areas; using corrective feedback; and developing school-wide positive behavior systems.

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.

All persons on school property must behave in a safe manner.

The parent is expected to assume primary responsibility for his or her child. The parent may be called upon to actively cooperate with the school in providing the necessary structure to promote his or her child’s social and emotional growth. To this end, a high degree of parent-school communication will be fostered by the school.

The Board recognizes the need to clearly define these expectations for acceptable conduct on school property, identify the possible developmentally appropriate, graduated consequences of unacceptable conduct, and ensure that discipline, when necessary, is administered promptly and fairly, keeping in mind the goal is not to penalize, but to teach students there are consequences to actions and choices. To this end, the Board adopts this Code of Conduct
(“Code”), which is based upon education laws, regulations, and Board policies.

Unless otherwise indicated, this code applies to all students, school personnel, parents, and other visitors when on school property or attending a school function.

III. Contact Directories

Dignity for All Students Act (DASA) Coordinators

District-Wide

Jason Carter – jason.carter@gcsny.org – (845) 615-6730

Goshen High School

Nicholas Pantaleone – nicholas.pantaleone@gcsny.org – (845) 615-6100

Gregory Voloshin – gregory.voloshin@gcsny.org – (845) 615-6100

Denise Tzouganatos – denise.tzouganatos@gcsny.org – (845) 615-6100

George St. Lawrence – george.st.lawrence@gcsny.org – (845) 615-6100

C.J. Hooker Middle School

Heather Carman – heather.carman@gcsny.org – (845) 615-6300

Nancy Weber – nancy.weber@gcsny.org – (845) 615-6300

Jennifer Blake – jennifer.blake@gcsny.org – (845) 615-6330

Goshen Intermediate School

Matthew Wentworth – matthew.wentworth@gcsny.org – (845) 615-6500

Erica Cruz – erica.cruz@gcsny.org – (845) 615-6500

Christopher Haller – christopher.haller@gcsny.org – (845) 615-6515

Scotchtown Avenue Elementary School

Kristin Driscoll – kristin.driscoll@gcsny.org – (845) 615-6600

Erica Cruz – erica.cruz@gcsny.org – (845) 615-6600

Casey Sudarto – casey.sudarto@gcsny.org – (845) 615-6635

School-Based Support Resources

Guidance counselors, psychologists, school nurses, and social workers are committed to
your academic and social-emotional well-being.

Goshen High School

Guidance Counselors

Marie Holland – marie.holland@gcsny.org – (845) 615-6125

Laura Dubatowka – laura.dubatowka@gcsny.org – (845) 615-6127

Giancarlo Mejia – giancarlo.mejia@gcsny.org – (845) 615-6128

Jacelyn Whiting – jacelyn.whiting@gcsny.org – (845) 615-6126

Psychologists

Mary Keller – mary.keller@gcsny.org – (845) 615-6124

Erin Hyle – erin.hyle@gcsny.org – (845) 615-6457

Nurses

Nancy Ellefsen – nancy.ellefsen@gcsny.org – (845) 615-6134

Krystle Mabee – krystal.mabee@gcsny.org – (845) 615-6134

Social Worker

Katherine Shaffer – katherine.shaffer@gcsny.org – (845) 615-6108

C.J. Hooker Middle School

Guidance Counselors

Jennifer Blake – jennifer.blake@gcsny.org – (845) 615-6335

Sarah Tierney – sarah.tierney@gcsny.org – (845) 615-6330

Michael Toscano – michael.toscano@gcsny.org – (845) 615-6332

Psychologists

Anthony Monti – anthony.monti@gcsny.org – (845) 615-3315

Erin Hyle – erin.hyle@gcsny.org – (845) 615-6457

Nurses

Dawn Pawliczak – dawn.pawliczak@gcsny.org – (845) 615-6315

Krystle Mabee – krystal.mabee@gcsny.org – (845) 615-6134

Social Worker

Lauren Levesque – lauren.levesque@gcsny.org – (845) 615-6354

Goshen Intermediate School

Guidance Counselor

Christopher Haller – christopher.haller@gcsny.org – (845) 615-6515

Psychologists

Kristen Kurpick – kristen.kurpick@gcsny.org – (845) 615-6515

Erin Hyle – erin.hyle@gcsny.org – (845) 615-6457

Nurses

Charlotte O’Connor – charlotte.oconnor@gcsny.org – (845) 615-6525

Krystle Mabee – krystal.mabee@gcsny.org – (845) 615-6134

Social Worker

Casey Sudarto – casey.sudarto@gcsny.org – (845) 615-6635

Scotchtown Avenue Elementary School

Guidance Counselor

Tricia Sanders – tricia.sanders@gcsny.org – (845) 615-6642

Psychologists

Kerry Eschbacher – kerry.eschbacher@gcsny.org – (845) 615-6613

Erin Hyle – erin.hyle@gcsny.org – (845) 615-6457

Nurses

Dorothy McKenna – dorothy.mckenna@gcsny.org – (845) 615-6617

Krystle Mabee – krystal.mabee@gcsny.org – (845) 615-6134

Social Worker

Casey Sudarto – casey.sudarto@gcsny.org – (845) 615-6635

Mental Health First Aid Resources

988 Suicide & Crisis Lifeline (formerly known as National Suicide Prevention Lifeline) – This is a crisis hotline that can help with many issues, not just suicide. For example, anyone who feels sad, hopeless, or suicidal; family and friends who are concerned about a loved one; or anyone interested in mental health treatment referrals can call the Lifeline. Callers are connected with a professional nearby who will talk with them about what they are feeling or concerns for other family and friends. Call the toll-free Lifeline, 24 hours/day, 7 days/week.
- Call: 1-800-273-TALK (1-800-273-8255)
- Text: 988
Crisis Text Line: www.crisistextline.org – Available 24/7, 365 days a year, this organization helps people with mental health challenges by connecting callers with trained crisis volunteers who will provide confidential advice, support, and referrals if needed.
- Text “HOME” to 741-741
National Runaway Safeline: http://www.1800runaway.org/
- Call: 1-800-RUNAWAY
Orange County Crisis Call Center
- Call: 311
Access Support for Living, Inc.: https://accesssupports.org/ – In response to the COVID-19 crisis, ACCESS has launched a virtual Mental Health and Substance Abuse Urgent Care for adults and children struggling with anxiety, depression, substance abuse, or other mental health concerns.
- Call: 1-888-750-2266, Option 2
The Trevor Project: https://www.thetrevorproject.org/ – Trained counselors are available 24/7 to support youth who are in crisis, feeling suicidal, or in need of a safe and judgment-free place to talk. Specializing in supporting the LGBTQI+ community.
- Call: 1-866-488-7386
- Text “START” to 678-678
Substance Abuse and Mental Health Services Administration’s (SAMHSA) Disaster Distress Helpline: https://www.samhsa.gov/find-help/disaster-distress-helpline – SAMHSA’s Disaster Distress Helpline provides 24/7, 365-day-a-year crisis counseling and support to people experiencing emotional distress related to natural or human-caused disasters
- Call: 1-800-985-5990
- Text: “TalkWithUs” to 66746
NAMI Orange County, NY: https://namiorangeny.org/ – NAMI Orange supports, educates, and advocates for people with mental health conditions and their loved ones through support groups, free educational classes, presentations, outreach, and linking people to services they may need.
- Call: 311
- Call NAMI’s National Information Helpline: 1-800-950-NAMI
- Call Local Non-Crisis Line: 1-845-956-6264
- Text “NAMI” to 741-741
Text4Teens – Text 4 Teens connects young people in need of support for mental illness, substance use, developmental disability, sexual assault, or who need information/referrals with trained professionals, 24/7.
- Call: 311
- Text: 845-391-1000

Behavioral Health Providers

The National Council for Behavioral Health: https://www.thenationalcouncil.org/providers/?region= – Search for organizations that are committed to providing mental health services to anyone in the community who needs it regardless of their ability to pay.
Substance Abuse and Mental Health Services Administration: https://www.samhsa.gov/ – SAMHSA provides information on mental health services and treatment centers through an online service locator. You can search by your location, whether or not they provide services for youth, payment options (private insurance, cash, or something else), languages spoken, etc

IV. Definitions

For purposes of this code, the following definitions apply.

Behavior is the way in which one acts or conducts oneself, especially toward others. It is expected that students, staff, and visitors will conduct themselves in such a way that is in line with this Code of Conduct.
Bullying – a hostile activity, often related to a power imbalance, which harms or induces fear through the threat of further aggression and /or creates terror. Bullying often takes one of three forms: physical (including, but not limited to hitting, spitting, taking physical belongings), verbal (including, but not limited to taunting, malicious teasing, name-calling, threatening or frightening electronic communications ‘cyberbullying’) and social or relational bullying (including but not limited to giving dirty looks, spreading rumors, engaging in social exclusion).
Color means the term refers to the apparent pigmentation of the skin, especially as an indication or possible indication of race
Cyberbullying – use of instant messaging, e-mail, websites, chat rooms, text messaging, social media platforms, and other forms of electronic communication which result in harassment or bullying. May take many forms, including but not limited to
- cyberstalking (harassment that included threats or harm, or intimidation).
- masquerading (pretending to be someone else when sending or posting material that makes the person look bad or places that person in potential danger).
- phishing (engaging in deceit or tricks to solicit embarrassing information to enable the information to become public).
- flaming (sending angry, mean, or vulgar messages to a person online).
- sexting (sending, receiving, or forwarding sexually suggestive, nude, or nearly nude photos through electronic means).
- harassment (sending a person offensive messages repeatedly).
- denigration (sending or posting untrue or mean statements about a person).
Disability means (a) a physical, mental, or medical impairment resulting from anatomical, physiological, genetic, or neurological conditions which prevent the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term must be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held (Education Law Section 11[4] and Executive Law Section 292[21]).
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.
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 person involve direct student contact (Education Law Section s11[4] and 1125[3]).
Ethnic Group means a group of people who identify with each other through a common heritage including language, culture, and often a shared or common religion and or ideology that stresses ancestry.
Gender means actual or perceived sex and includes a person’s gender identity or expression.
Gender Expression is the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyle, activities, voice, or mannerisms.
Harassment means the creation of a hostile environment by conduct 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 or non-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; such conduct, verbal threats, intimidation or abuse includes but is not limited to conduct, verbal threats, intimidation or abuse based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex (Education Law Section 11[7]).
National Origin means a person’s country of birth or ancestor’s country of birth.
Parent means parent, guardian, or person in parental relation to a student.
Protective Hairstyles include but are not limited to, such hairstyles as braids, locks, and twists.
Principal – a building administrator. This definition for the purposes of the code of conduct will include assistant principals where appropriate.
Race means a group of persons related to a common descent or heredity. Race includes traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.
Relationships are the way in which two or more people regard and behave toward each other.
Religion means specific fundamental beliefs and practices generally agreed to by large numbers of the group or a body of persons adhering to a particular set of beliefs and practices.
Religious Practice is a term including practices and observances such as attending worship services, wearing religious garb or symbols, praying at prescribed times, displaying religious objects, adhering to certain dietary rules, refraining from certain activities, proselytizing, etc.
Respect is the act of treating everyone in the school community with dignity. This is demonstrated by: treating others with kindness and care, being polite and using manners, expressing thoughts in opinions in ways that are polite and courteous, using a polite tone of voice and body language, listening to others who are speaking to you, keeping one’s hands to one’s self and not violating others’ personal space.
Responsibility is an obligation to behave in accordance with social norms and be held accountable for one’s actions.
Restorative Practice is an approach to resolving conflict and preventing harm. Restorative approaches enable those who have been harmed to convey the impact of the harm to those responsible and for those responsible to acknowledge this impact and take steps to make it right and/or repair the relationship.
School Bus means every motor vehicle owned 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 Section 11[1] and Vehicle and Traffic Law Section 142).
School Function means any school-sponsored extra-curricular event or activity.
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, as defined in Vehicle and Traffic Law §142.
Suspension – the act of a building principal (or acting building principal), Superintendent of Schools, District Superintendent, or Board of Education in discontinuing the presence of a student from his/her regular classes.
Violent student means a student under the age of 21 who:
- Commits an act of violence upon a school employee.
- 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.
- Possess, while on school property or at a school function, a weapon such as a gun, knife, explosive or incendiary bomb, or other dangerous instrument capable of causing physical injury or death.
- Displays, while on school property or at a school function, what appears to be a weapon.
- Threatens, while on school property or at a school function, to use a weapon.
- 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.
- Knowingly and intentionally damages or destroys school district property.
Weapon means a firearm as defined in 18 USC §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, switchblade knife, gravity knife, brass knuckles, slingshot, metal knuckle knife, box cutters, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper spray or other noxious sprays, explosive or incendiary bomb, or other devices, instrument, material or substance that can cause physical injury or death when used to cause physical injury or death.
Weight means, aside from the obvious meaning in the physical sciences, the word is used in reference to a person’s “size.”

V. Student Rights and Responsibilities

The district is committed to safeguarding the rights given to all students under federal and state law and district policy. In addition, to promote a safe, healthy, orderly, and supportive school environment, all district students have certain rights, and in turn, those rights come with certain responsibilities:

It is the student’s right:

To attend school in the district in which one’s parent or legal guardian resides.
To expect that school will be a safe, orderly, and purposeful place for all students to gain an education and to be treated fairly.
To be respected as an individual.
To express one’s opinions verbally or in writing.
To dress in such a way as to express one’s personality.
To be afforded equity in equal and appropriate educational opportunities.
To take part in all school activities on an equal basis regardless of race, color, creed, religion, religious practice, sex, sexual orientation, gender, national origin, ethnic group, political affiliation, age, marital status, or disability.
To have access to relevant and objective information concerning drug and alcohol abuse as well as access to individuals or agencies capable of providing direct assistance to students with serious personal problems.
To be protected from intimidation, harassment, or discrimination based on actual or perceived race, color, weight, national origin, ethnic group, religion, or religious practice, sex, gender/gender identity, sexual orientation, or disability, by employees or students on school property or at a school-sponsored event, function or activity.

It is the student’s responsibility:

To attend school daily, regularly, and on time; perform assignments, and strive to do the highest quality work possible; and be granted the opportunity to receive a good education.
To be aware of all rules nd expectations regulating student behavior and conduct oneself in accordance with these guidelines.
To respect one another and treat others in the manner that one would want to be treated.
To express opinions and ideas in a respectful manner, so as to not knowingly offend, slander, or restrict the rights and privileges of others.
To dress appropriately in accordance with the dress code, so as not to endanger physical health, safety, limit participation in school activities or be unduly distracting.
To be aware of available educational programs in order to use and develop one’s capabilities to their maximum.
To work to the best of one’s ability in all academic and extracurricular activities, as well as be fair and supportive of others.
To be aware of the information and services available and to seek assistance in dealing with personal problems when appropriate.
To respect one another and treat others fairly in accordance with the District Code of Conduct and the provisions of the Dignity Act. To conduct themselves in a manner that fosters an environment that is free from intimidation, harassment or discrimination. To report and encourage others to report any incidents of intimidation, harassment or discrimination.

VI. Essential Partners

All members of our learning community – including students, staff, parents, and engaged service providers – must assume a responsible role in promoting behavior that enhances academic and social success. Courteous, respectful, and responsible behavior fosters a positive climate in the learning community.

Those responsibilities include but are not limited to the following:

A. Parents

The Code of Conduct is a guide for understanding the personal, social, and academic behaviors which are expected from your child while at school and school functions. This Code also guides how school staff will work with you and your child to help demonstrate positive behaviors and enjoy academic success.

To achieve this goal, parents will be encouraged to promote participation in restorative practices to resolve incidents and conflict and to support their child in receiving the maximum benefit from a restorative justice approach.

To achieve this goal, all parents are expected to:

Recognize that the education of their child(ren) is a joint responsibility of the parents and the school community, and collaborate with the district to optimize their child(ren)’s educational opportunities.
Send their child(ren) to school ready to participate and learn.
Ensure their child(ren) attend school regularly and on time.
Ensure absences are excused.
Ensure their child(ren) is/are dressed and groomed in a manner consistent with the student dress code.
Help their student understand that in a democratic society, appropriate rules are required to maintain a safe and orderly environment.
Know school rules and help their child(ren) understand them so that their child(ren) can help create a safe, respectful, supportive school environment.
Convey to their child(ren) a supportive attitude toward education and the district.
Build positive, constructive relationships with teachers, other parents and their child(ren)’s friends.
Tell school officials about any concerns or complaints in a respectful and timely manner.
Help their child(ren) deal effectively with peer pressure.
Inform school officials of changes in the home situation that may affect student conduct or performance.
Provide a place for study and ensure homework assignments are completed.
Be respectful and courteous to staff, other parents/guardians, and students while on school premises.
Teach their child(ren) respect and dignity for themselves and other students, regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender/gender identity, or sex, which will strengthen the child(ren)’s confidence and promote learning in accordance with the Dignity for All Students Act.

B. Staff

The Code of Conduct is a guide for supporting positive student behavior at school. It is intended to help staff prevent student misconduct through the use of effective strategies and systems. It will provide guidance for intervening effectively and appropriately if students don’t meet expected standards of behavior or violate the school rules and policies. Concerns about safety and school climate should be brought to the school principal so staff can work together to
maintain a safe and orderly learning and work environment.

All staff are expected to understand that students may come to school having experienced trauma in their lives, which can impact their behavior in school (e.g., anger, outbursts, withdrawal, self-injury).

1. Teachers

To achieve this goal, all district teachers are expected to:

a. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity and expression) or sex, which will strengthen students’ self-worth and promote confidence to learn.

b. Be prepared to teach.

c. Demonstrate an interest in teaching and concern for students and student achievement.

d. Know school policies and rules, and enforce them in a fair, timely, and consistent manner.

e. Maintain confidentiality in conformity with federal and state law.

f. Community to students and parents:

i. Course objectives and requirements
ii. Marking/grading procedures
iii. Assignment deadlines
iv. Expectations for students
v. Classroom behavior and consequences plan.

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

h. Participate in school-wide efforts to provide adequate supervision in all school spaces, in conformity with the Taylor Law.

i. Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

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

k. Report incidents of discrimination and harassment that are witnessed or otherwise brought to a teacher’s attention to the building administrator and/or Dignity Act Coordinator (DAC) in a timely manner.

l. Respond positively to questions from students.

m. Maintain confidentiality in accordance with federal and state law.

n. Comply with state educational law regarding corporal punishment and mandated reporting of suspected child abuse in a domestic setting and an educational setting.

o. Maintain transparency with parents regarding situations that may affect their child’s physical or mental well-being, as long as it is legally permissable.

p. Be open to active participation in resolving conflicts through a restorative process.

2. School Counselors

a. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual
orientation, gender (including gender identity and expression)) or sex.

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

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

d. Regularly review with students their educational progress and career plans.

e. Maintain confidentiality in accordance with federal and state law.

f. Provide information to assist students with career planning.

g. Encourage students to benefit from the curriculum and extracurricular programs.

h. Make known to students and families the resources in the community that are available to meet their needs.

i. Participate in school-wide efforts to provide adequate supervision in all school spaces.

j. Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

k. Address personal biases that may prevent equal treatment of all students.

l. Set a good example for students and colleagues by demonstrating dependability, integrity, and other standards of ethical conduct.

m. Report incidents of discrimination and harassment that are witnessed or otherwise brought to the staff member’s attention to the building administrator and/or Dignity Act Coordinator (DAC) in a timely manner.

n. Promote a trauma-responsive approach to addressing student behavior by supporting professional development, providing safe work environments, forming trusting relationships with students, allowing for student choice and autonomy, and encouraging student skill-building and competence.

o. Be open to active participation in resolving conflicts through a restorative process.

3. Other School Personnel

a. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual
orientation, gender (including gender identity and expression) or sex.

b. Maintain confidentiality in accordance with federal and state law.

c. Be familiar with the code of conduct.

d. Help children understand the district’s expectations for maintaining a safe, orderly environment.

e. Participate in school-wide efforts to provide adequate supervision in all school spaces.

f. Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

g. Address personal biases that may prevent equal treatment of all students.

h. Set a good example for students and colleagues by demonstrating dependability, integrity and other standards of ethical conduct.

i. Report incidents of discrimination and harassment that are witnessed or otherwise brought to the staff member’s attention to the building administrator and/or Dignity Act Coordinator (DAC) in a timely manner.

j. Be open to active participation in resolving conflicts through a restorative process.

4. Principals/Administrators

a. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual
orientation, gender (including gender identity and expression) or sex.

b. Ensure that students and staff have the opportunity to communicate regularly with the principal/administrators and have access to the principal/administrators for redress of grievances.

c. Maintain confidentiality in accordance with federal and state law.

d. Evaluate on a regular basis all instructional programs to ensure infusion of civility education in the curriculum.

e. Support the development of and student participation in appropriate extracurricular activities.

f. Provide support in the development of the code of conduct when called upon. Disseminate the code of conduct and anti-harassment policies.

g. Be responsible for enforcing the code of conduct and ensuring that all cases are resolved promptly and fairly.

h. Participate in school-wide efforts to provide adequate supervision in all school spaces.

j. Follow up on any incidents of discrimination and harassment that are witnessed or otherwise brought to the Principal’s attention in a timely manner and in collaboration with the Dignity Act Coordinator (DAC).

k. Address personal biases that may prevent equal treatment of all students and staff.

l. Promote a trauma-responsive approach to addressing student behavior by supporting professional development, providing safe work environments, forming trusting relationships with students, allowing for student choice and autonomy, and encouraging student skill-building and competence.

m. Be open to active participation in resolving conflicts through a restorative process.

5. Dignity Act Coordinators

a. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual
orientation, gender (including gender identity and expression) or sex.

b. Oversee and coordinate the work of the district-wide and building-level bullying prevention committees.

c. Identify curricular resources that support infusing civility in classroom instruction and classroom management; and provide guidance to staff as to how to access and implement those resources.

d. Coordinate, with the Professional Development Committee, training in support of the bullying prevention committee.

e. Be responsible for monitoring and reporting on the effectiveness of the district’s bullying prevention policy.

f. Address and investigate issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

g. Address personal biases that may prevent equal treatment of all students and staff.

6. Superintendent

a. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual
orientation, gender (including gender identity and expression) or sex.

b. Inform the Board about educational trends relating to student discipline.

c. Review with district administrators the policies of the Board of Education and state and federal laws relating to school operations and management.

d. Maintain confidentiality in accordance with federal and state law.

e. Work to create instructional programs that minimize incidents of inappropriate behavior and are sensitive to student and teacher needs.

f. Work with district administrators in encouraging a positive school climate, enforcing the code of conduct, and ensuring that all cases are resolved promptly and equitably.

g. Participate in school-wide efforts to provide adequate supervision in all school spaces.

h. Address and investigate issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

i. Address personal biases that may prevent equal treatment of all students and staff.

j. Promote a trauma-responsive approach to addressing student behavior by supporting professional development and appropriate staffing.

7. Board of Education

a. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual
orientation, gender (including gender identity and expression) or sex.

b. Maintain confidentiality in accordance with federal and state law.

c. Develop and recommend a budget that provides programs and activities that support the achievement of the goals of the code of conduct.

d. Collaborate with students, teachers, administrators, 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.

e. 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.

f. Lead by example by conducting Board meetings in a professional, respectful, and courteous manner.

g. Address and investigate issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

h. Appoint a Dignity Act Coordinator in each school building. The Dignity Act Coordinator will be thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender/gender identity, and sex. The Dignity Act Coordinator will be accessible to students and all other staff members for consultation and advice as needed on the Dignity Act.

i. Address personal biases that may prevent equal treatment of all students and staff.

j. The Board will promote a trauma-informed approach to addressing student behavior by supporting professional development, providing a safe school environment, encouraging the forming of trusting relationships with students, allowing for student choice and autonomy, and encouraging student skill-building and confidence.

k. Be open to active participation in resolving conflicts through a restorative process.

VII. Student Dress Code

All students are expected to give proper attention to personal cleanliness and to dress appropriately for school and school functions. 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.

A student’s dress, grooming, and appearance, including hair style/color, jewelry, make-up, and nails must:

Be unlikely to injure people or damage property, appropriate according to this code, and not substantially disrupt or materially interfere with the educational process.
Recognize that extremely brief and see-through garments are not appropriate. Private areas must remain covered with opaque material.
Ensure that underwear is covered by outer clothing (visible waistbands and straps are not violations).
Include footwear at all times. Footwear that is a safety hazard will not be allowed.
Head coverings should not cover the student’s face to the extent the student is not identifiable, except for a medical or religious purpose.
Not include items that are vulgar, obscene, libelous, or denigrate, harass, or discriminate against others on account of race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, religion, religious practice, disability, creed, national origin, ethnic group, gender (including gender identity and expression), sex, sexual orientation or disability.
Not promote and/or endorse the use of alcohol, tobacco, or controlled substances, or illegal drugs and/or encourage other illegal or violent activities.

Nothing in this policy will be construed to limit the ability of students to express their gender identity through clothing, jewelry, makeup, nail color, or styles, or to discipline students for doing so. Likewise, nothing in this policy will be construed to restrict students from wearing hairstyles as a trait historically associated with race (such as hair texture and protective hairstyles like braids, locks, and twists) or to discipline them for doing so.

Each Building Principal or designee is responsible for informing all students and their parents of the student dress code at the beginning of the school year and any revisions to the dress code made during the school year.

Enforcement of these dress codes must be approached with careful consideration and sensitivity, with the goal of supporting students in reaching their full potential, not shaming or criminalizing them, and minimizing loss of instructional time. Staff, preferably those who have a positive relationship with the student, are expected to address dress code violations with students privately, determine if there are factors impacting the student’s ability to meet the dress
code, and help address these issues. Students whose appearance violates the student dress code are 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 will 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 will be subject to further discipline, up to and including out-of-school suspension, if after restorative justice principles have been implemented and the student continues to refuse to cooperate.

Ref: Education Law §11(9), (10)
Executive Law §292(37), (38)
Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969)
Appeal of Parsons, 32 EDR 672 (1993)

VIII. Prohibited Student Conduct

The Board of Education expects all students to conduct themselves in an appropriate and civil manner, with proper regard for the rights and welfare of other students, district personnel, and other members of the school community, and for the care of school facilities and equipment with the goal of making school a community free of violence intimidation, bullying, harassment, and discrimination. Exclusion from the school environment and suspension will only be used when necessary to protect the safety of students and staff or when all other measures have been exhausted.

The best discipline is self-imposed, and students must learn to assume and accept responsibility for their own behavior, as well as the consequences of their mistakes or misbehavior. District personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on educating students so that they may learn from their behavior and grow in self-discipline.

The Board is committed to protecting First Amendment freedoms within the school system; however, the district will not permit students to engage in any conduct intended to destroy personal or school property, disrupt or interfere with teaching, research, service, administrative or disciplinary functions, or any district-sponsored or approved activity.

The Board recognizes the need to make its expectations for student behavior while on school property or engaged in a school function specific and clear. The rules of conduct, the student code of conduct, and discipline shall be uniformly enforced and distributed annually to the students, parent/guardian, and staff of the district. 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 consequences for their behavior.

These rules govern the conduct of all district students on district property, and also on any other premises or property (including buses) under the control of the district and used in its teaching programs and activities, or in its administrative, cultural, recreational, athletic, and other programs and activities.

Students may be subject to disciplinary action, up to and including, in extreme or repeated occurrences, suspension from school, when they:

A. Engage in conduct that is disorderly. Examples of this type of behavior include, but are not limited to:

Running or otherwise unsafe behavior in hallways.
Making unreasonable noise.
Using language or gestures that are profane, lewd, vulgar, or abusive.
Obstructing vehicular or pedestrian traffic.
Engaging in any willful act which disrupts the normal operation of the school community.
Trespassing. Students are not permitted in any school building, other than the one they regularly attend, without permission from the administrator in charge of the building.
Computer/electronic communications misuse, including any unauthorized use of computers, software, or internet/intranet account; accessing inappropriate websites; or another other violation of the district’s acceptable use policy.

B. Engage in conduct that deliberately goes against what a student has been asked to do or where they are supposed to be at any given time. This behavior is considered insubordinate. Examples of this type of behavior include, but are not limited to:

Failing to comply with the reasonable directions of teachers, school administrators, or other school employees in charge of students or otherwise demonstrating belligerence or disrespect.
Lateness for, missing or leaving school without permission.
Skipping detention.

C. Engage in conduct that prevents others from being able to learn, focus, or be engaged in their work. This behavior is considered disruptive. Examples of this type of behavior include, but are not limited to:

Inappropriate public sexual contact.
Display or use personal electronic devices, such as, but not limited to: cell phones, music or video players, and cameras, in a manner that is in violation of district policy.

D. Engage in conduct that is violent. Examples of this type of behavior include, but are not limited to:

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

E. Engage in any conduct that endangers the safety, physical or mental health, or welfare of others. Examples of such this type of behavior include, but are not limited to:

Attempted to engage in or perform an act of violence noted in Section D.
Subjecting other students, school personnel, or any other person lawfully on school property or attending a school function to danger by recklessly engaging in conduct that creates a substantial risk of physical injury.
Stealing or attempting to steal the property of other students, school personnel, or any other person lawfully on school property or attending a school function.
Defamation, which includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them.
Discrimination, which includes using race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, creed, national origin, ethnic group, religion, religious practice, sex, gender (identity and expression), sexual orientation, weight or disability to deny rights, equitable treatment or access to facilities available to others.
Harassment (or Bullying), is the creation of a hostile environment by conduct or threats, intimidation, or abuse. (See Student Harassment and Bullying Prevention and Intervention policy for a more complete definition).
Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm.
Hazing, which includes an induction, initiation, or membership process involving harassment (see Student Harassment and Bullying Prevention and Intervention policy for a more complete definition).
Selling, using, distributing, or possessing obscene material.
Using vulgar or abusive language, cursing, or swearing.
Smoking a cigarette, cigar, pipe, electronic cigarette (i.e., vape), using chewing or smokeless tobacco, or smoking/vaping/ingesting cannabis or concentrated cannabis (includes cannabis products) or smoking cannabinoid hemp (except for lawful medical cannabis use in compliance with state law and regulation).
Possessing, consuming, selling, offering, manufacturing, distributing or exchanging alcoholic beverages or illegal substances, or being under the influence of either. “Illegal substances” include, but are not limited to, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, and any synthetic version thereof, whether specifically illegal or not, commonly referred to as “designer drugs” which are substances designed and synthesized to mimic the intended effects and usages of, which are chemically substantially similar to, illegal drugs, which may or may not be labeled for human consumption.
Inappropriately using or sharing prescription and over-the-counter drugs.
Gambling.
Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent matter.
Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.
Knowingly making false statements or knowingly submitting false information to school staff during a disciplinary process.

F. Engage in misbehaviors otherwise prohibited by sections A-E of this section while on a school bus. It is crucial for students to behave appropriately while riding on district buses, to ensure their safety and that of other passengers and to avoid distracting the bus driver. Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Excessive noise, pushing, shoving, and fighting will not be tolerated. Students should remain seated, keep objects and body parts inside the bus, and obey the directions from the bus driver or monitor.

G. Engage in any form of academic misbehavior. Examples of academic misbehavior include, but are not limited to:

Plagiarism.
Cheating.
Copying.
Altering records.
Assisting another student in any of the above actions.

H. Engage in off-campus misbehavior that interferes with or can reasonably be expected to substantially disrupt the educational process in the school or a school function. Such misbehavior includes threatening or severe harassment of particular students or school personnel through any means off-campus, including cyberbullying.

IX. Reporting Violations

Because the district’s goal is for making the school a community free of violence, intimidation, bullying, harassment, and discrimination, all students are expected to promptly report violations of the code of conduct to a teacher, guidance counselor, the Principal or Principal’s designee. Any student observing a student possessing a weapon, alcohol, or illegal substance on school property or at a school function is expected to report this information immediately to a teacher, the Principal, the Principal’s designee, or the Superintendent of Schools.

Students are prohibited from knowingly making false statements or knowingly submitting false information to school staff during a disciplinary process.
All district staff who are authorized to impose disciplinary consequences are expected to do so in a prompt, fair, and lawful manner. District staff who are not authorized to impose disciplinary consequences are expected to promptly report violations of the code of conduct to their supervisor, who will, in turn, impose appropriate disciplinary consequences if so authorized, or refer the matter to a staff member who is authorized to impose appropriate consequences

Any weapon, alcohol, or illegal substance found will be confiscated immediately, if possible, followed by notification to the parent of the student involved and the appropriate disciplinary consequences, which may include permanent suspension and referral for prosecution.

The Principal or designee must notify the appropriate local law enforcement agency of those code violations that 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 designee learns of the violation. The 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.

X. Disciplinary Penalties, Procedures, and Referrals

Historically, the discipline of students in schools has focused mainly on handing out punishments based on specific actions. These punishments include reprimands, loss of privileges, office referrals, detentions, and suspensions.

However, understanding discipline as a “teachable moment” is fundamental to a positive approach to discipline with the ultimate goal of teaching pro-social behavior. Therefore, the Board authorizes restorative justice practices to be employed where appropriate, use conflict resolution, restitution to those harmed, and group, classroom, community, and re-entry circles to address misbehaviors with the ultimate goal of teaching pro-social behavior. This approach seeks
concurrent accountability and behavioral change.

The main principles of restorative justice are valuing and restoring relationships, repairing the harm done to affected parties, respecting others’ opinions, and reintegrating into the school community.

Under this model, we ask:

Who has been hurt?
What are their needs?
Whose obligations are these?

Essential to the implementation of restorative justice practices is helping students who have engaged in unacceptable behavior to:

Understand why the behavior is unacceptable and the harm it caused;
Understand what could have been done differently in the same situation;
Take responsibility for their actions;
Make reparations and or restitution to repair the harm done;
Be given the opportunity to learn pro-social strategies/skills to use in the future; and
Understand the progression of more increasingly punitive consequences may be imposed if the behavior reoccurs.

While there may be more traditional punishments in conjunction with teaching behavior expectations and treating disciplinary matters as teachable moments, this is a more effective approach than merely reacting to specific events unless student behaviors pose an immediate or ongoing threat to the safety of other students and staff.

The Board directs staff and administration to utilize restorative justice practices where appropriate in addressing student disciplinary issues.

In the application of restorative principles, the process is always voluntary for the students. Any parent (or student over the age of 18) can request to go to the traditional disciplinary route and not participate in the restorative process. This may happen at any time during the process, or if a student is unwilling to accept responsibility for their actions and is not demonstrating willingness to make amends.

Consequences, and if needed discipline, are most effective when they deal directly with the problem at the time and place it occurs, and in a way that students view as fair and impartial. School personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the student’s ability to grow in self-discipline.

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

The student’s age.
The nature of the offense and the circumstances which led to the offense.
The student’s prior disciplinary record.
The effectiveness of other forms of discipline.
Information from parents, teachers, and/or others, as appropriate.
Other extenuating circumstances.

As a general rule, discipline will be progressive. This means that a student’s first violation will usually merit a lighter consequence than subsequent violations. However, district staff is empowered to utilize the consequence most reasonably calculated to ensure the student learns from their behavior and engages in more pro-social behavior in the future. Suspension from classes may be necessary to assure a safe learning environment for all students, staff and faculty, including the offending student.

If the conduct of a student is related to a disability or suspected disability, the student will be referred to the Committee on Special Education, and discipline, if warranted, will 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 will not be disciplined for behavior related to their disability unless the discipline is consistent with the student’s individualized education plan (IEP).

A. Consequences

Practices that allow educators to address disciplinary matters as opportunities for learning instead of punishment are expected by the Board rather than a reliance on increasing punitive measures. When choosing interventions and consequences of student behavior – teachers, administrators, and staff must balance the district’s dual goals of eliminating school disruptions and maximizing student instruction time.

Students who are found to have demonstrated inappropriate behavior may be subject to the following interventions and consequences, either alone or in combination. The school personnel identified after each consequence are authorized to assign that consequence, consistent with the student’s right to due process.

In conjunction with the list below, the administration (with support from counselors) can employ conflict resolution meetings, restitution to those harmed, and group, classroom, classroom, community, and/or re-entry circle. Except in limited circumstances, restorative justice practices will always be considered first in dealing with disciplinary issues.

Should a parent or student over the age of 18 opt out of participating in the restorative practices or if restorative practices have not been effective with the student in question, the list below will be utilized to determine the consequences.

Oral warning, teacher/student conference, parent contact, in-class time out, a brief time out of class, loss of classroom privileges – any member of the district staff
Written warning – bus drivers, hall and lunch monitors, coaches, guidance counselors, teachers, Principal, Superintendent
Written notification to parent – bus driver, hall and lunch monitors, coaches, guidance counselors, teachers, Principal, Superintendent
Detention – teachers, Principal, Superintendent
Suspension from transportation – Director of Transportation, Principal, Superintendent
Suspension from athletic participation – coaches, Principal, Superintendent
Suspension from social or extracurricular activities – activity director, Principal, Superintendent
Suspension of other privileges – Principal, Superintendent
In-school suspension – Principal, Superintendent
Removal from classroom by teacher – teachers, Principal
Short-term (five days or less) suspension from school – Principal, Superintendent, Board
Long-term (more than five days) suspension from school –Superintendent, Board
Permanent suspension from school – Superintendent, Board

B. Procedures

The amount of due process a student is entitled to receive before a consequence is imposed depends on the right or privilege which may be deprived and the potential consequence to be imposed. In all cases, regardless of the consequence imposed, the school personnel authorized to impose the consequence must inform the student of the alleged inappropriate behavior and must investigate, to the extent necessary, the facts surrounding the alleged misbehavior. All students will have an opportunity to present their version of the facts to the school personnel imposing the disciplinary consequence in connection with the imposition of the consequence in advance of the consequence.

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

Detention
- Teachers, Principals, and the Superintendent may use after-school detention as a consequence for student misbehavior in situations where removal from the classroom or suspension would be inappropriate. Detention will be imposed as a consequence only after the student’s parent has been notified to confirm that there is no parental objection to the consequence and the student has appropriate transportation home following detention.
Suspension from transportation
- If students do not conduct themselves properly on a bus, the bus driver is expected to bring such misbehavior to the Principal’s attention. Students who become a serious disciplinary problem may have their riding privileges suspended by the Principal or the Superintendent or their designees.
- In such cases, the student’s parents will become responsible for seeing that their child gets to and from school safely. Should the suspension from transportation amount to a suspension from attendance due to the parent’s inability to provide for transportation to and from school, the procedural protections of Education Law §3214 shall be applied. Further, upon suspension of District transportation service, the District will make appropriate arrangements to provide for the student’s education.
- Except under the circumstances described above, a student subjected to a suspension from transportation is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the Principal or the Principal’s designee to discuss the conduct and the consequence involved.
Suspension from athletic participation, extra-curricular 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 §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 consequence involved.
In-school Suspension
- The Board recognizes the school must balance the need of students to attend school and the need for order in the classroom to establish an environment conducive to learning. As such, the Board authorizes 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 §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 consequence involved.
Teacher Disciplinary Removal of Disruptive Students
- Teachers will first use interventions aimed at teaching appropriate and responsible behaviors so students can learn and demonstrate safe and respectful academic, social, and emotional behavior. Examples of these include using affective statements, using affective questions, establishing relationships with students, giving positive directives that state expectations, and giving positive and specific feedback, etc.
- On occasion, a student’s behavior may become more disruptive than a teacher can manage. For purposes of this code of conduct, a disruptive student is a student who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom. A substantial disruption of the educational process or substantial interference with a teacher’s authority occurs when a student demonstrates a persistent unwillingness to comply with the teacher’s instructions or repeatedly violates the teacher’s classroom behavior rules.
- A classroom teacher may remove a disruptive student from class for up to two days. The removal from class applies to the class of the removing teacher only.
- If the disruptive student does not pose a danger or ongoing threat of disruption to the academic process, the teacher must provide the student with an explanation for why they are being removed and an opportunity to explain their version of the relevant events before the student is removed. Only after the informal discussion may a teacher remove a student from class.
- If the student poses a danger or ongoing threat of disruption, the teacher may order the student to be removed immediately. The teacher must, however, explain to the student why they were removed from the classroom and give the student a chance to present their version of the relevant events within 24 hours.
- The teacher must complete a district-established disciplinary removal form and meet with the Principal or designee as soon as possible, but no later than the end of the school day, to explain the circumstances of the removal and to present the removal form. If the Principal or designee is not available by the end of the same school day, the teacher must leave the form with the secretary and meet with 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 parent, in writing, that the student has been removed from class and why. The notice must also inform the parent that they have the right, upon request, to meet informally with the Principal or the Principal’s designee to discuss the reasons for the removal.
- The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the student’s removal at the last known address for the parent. 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.
- The Principal may require the teacher who ordered the removal to attend the informal conference.
- If at the informal meeting, the student denies the charges, the Principal or the Principal’s designee must explain why the student was removed and give the student and the student’s parents a chance to present the student’s version of the relevant events. The informal meeting must be held within 48 hours of the student’s removal. The timing of the informal meeting may be extended by mutual agreement of the parent and Principal.
- The Principal or the Principal’s designee may overturn the removal of the student from class if the Principal finds any one of the following:
  - 1. The chargest against the student are not supported by substantial evidence.
  - 2. The student’s removal is otherwise in violation of law, including the district’s code of conduct.
  - 3. The conduct warrants suspension from school pursuant to Education Law §3214 and a suspension will be imposed.
- The Principal or designee may overturn a removal at any point between receiving the referral form issued by the teacher and the close of business on the day following the 48-hour period for the informal conference. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the Principal makes a final determination, or the period of removal expires, whichever is less.
- Any disruptive student removed from the classroom by the classroom teacher will be offered continued educational programming and activities until they are permitted to return to the classroom.
- Each teacher must keep a complete log (on a district-provided form) for all cases of removal of students from their class. The Principal must keep a log of all removals of students from class.
- Removal of a student with a disability, under certain circumstances, may constitute a change in the student’s placement. Accordingly, no teacher may remove a student with a disability from class until they have verified with the Principal or the chairperson of the Committee on Special Education that the removal will not violate the student’s rights under state or federal law or regulation.
Suspension from School
- Suspensions will be limited to students who pose an immediate or ongoing threat to oneself or others or are repeatedly substantially disruptive or for whom restorative practices have not been effective.
- Suspension from school is a severe consequence, which may be imposed only upon students who are severely insubordinate, disorderly, violent, or severely disruptive, or whose conduct otherwise endangers the safety, morals, health, or welfare of others.
- Suspensions will be used to the minimum degree necessary to promote improved student behavior and maximize student attendance.
- The Board retains its authority to suspend students but places primary responsibility for the suspension of students on the Superintendent and the Principals.
- Any staff member may recommend to the Superintendent or the Principal that a student be suspended. All staff members must immediately report and refer a violent student to the Principal or the Superintendent for a violation of the code of conduct. All recommendations and referrals will be made in writing unless the conditions underlying the recommendation or referral warrant immediate attention. In such cases, a written report is to be prepared as soon as possible by the staff member recommending the suspension. The Superintendent or Principal, upon receiving a recommendation or referral for suspension or when processing a case for suspension, will gather the facts relevant to the matter and record them for subsequent presentation, if necessary.
- Students who participate in restorative practices ending in restorative conferences and written agreements may be permitted to return to school sooner than those who do not. Early return is entirely at the discretion of the district.
  - a. Short-term (five days or less) Suspension from School
    - When the Superintendent or Principal (referred to as the “suspending authority”) proposes to suspend a student charged with misbehavior for five days or less pursuant to Education Law §3214(3), the suspending authority must immediately notify the student orally. If the student denies the misbehavior the suspending authority must provide an explanation of the basis for the proposed suspension. The suspending authority must also notify the student’s parents in writing that the student may be suspended from school. The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the decision to propose suspension at the last known address for the parents. Where possible, notice should also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting the parents.
    - The notice will provide a description of the charges against the student and the incident for which suspension is proposed and will inform the parents of the right to request an immediate informal conference with the Principal. Both the notice and informal conference will be in the dominant language or mode of communication used by the parents. At the conference, the parents will be permitted to ask questions of complaining witnesses under such procedures as the Principal may establish.
    - The notice and opportunity for an informal conference will 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 will take place as soon after the suspension as is reasonably practicable.
    - After the conference, the Principal will promptly advise the parents in writing of the decision. The Principal will 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 thirty (30) days unless they can show extraordinary circumstances precluding them from doing so. The Superintendent will 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 thirty (30) days of the date of the Superintendent’s decision, unless they can show extraordinary circumstances precluding them from doing so. Only final decisions of the Board may be appealed to the Commissioner of Education within 30 days of the decision.
  - b. Long-term (more than five days) Suspension from School
    - When the Superintendent determines that a suspension for more than five days may be warranted, they must give reasonable notice to the student and the student’s parents of their right to a fair hearing. At the hearing, the student will have the right to be represented by counsel, the right to question witnesses against them, and the right to present witnesses and other evidence on their behalf.
    - The Superintendent will personally hear and determine the proceeding or may, at their discretion, designate a hearing officer to conduct the hearing. The Superintendent or hearing officer will be authorized to administer oaths and issue subpoenas in conjunction with the proceeding before them. A record of the hearing will be maintained, but no stenographic transcript will be required. A recording will be deemed a satisfactory record. A hearing officer will make findings of fact and recommendations as to the appropriate measure of discipline to the Superintendent. The report of a hearing officer will be advisory only to the Superintendent may accept all or any part thereof.
    - An appeal of the decision of the Superintendent may be made to the Board, 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 thirty (30) days of the date of the Superintendent’s decision unless the parents can show that extraordinary circumstances precluded them from doing so. The Board may adopt in whole or in part the decision of the Superintendent. Final decisions of the Board may be appealed to the Commissioner of Education 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. Procedure After Suspension
    - The Board may condition a student’s early return from a suspension on the student’s voluntary participation in restorative conferences, reentry circles, counseling (including a cost free option), or specialized classes, such as anger management or dispute resolution. The Board retains discretion in offering this opportunity. If and when the student and/or parent/guardian agree to this option, the terms and conditions will be specified in writing. However, if the student violates the agreed-upon terms and conditions within a certain time period, the unserved portion of the suspension may be re-imposed.

C. Minimum Periods of Suspension

Students who bring or possess certain weapons on school property
- Any student, other than a student with a disability, found guilty of bringing a gun, knife, explosive or incendiary bomb, or other dangerous instrument capable of causing physical injury or death onto school property will be subject to suspension from school for at least one calendar year. Before being suspended, the student will have an opportunity for a hearing pursuant to Education Law §3214. The Superintendent has the authority to modify the one-year suspension on a case-by-case basis. In deciding whether to modify the consequence, the Superintendent may consider the following:
  - a. The student’s age.
  - b. The student’s grade in school.
  - c. The student’s prior disciplinry record.
  - d. The Superintendent’s belief is 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 in accordance with the requirements of state and federal law.
Students who commit violent acts other than bringing or possessing certain weapons on school property.
- Any student, other than a student with a disability, who is found to have committed a violent act, other than bringing a gun, knife, explosive or incendiary bomb, or other dangerous instrument capable of causing physical injury or death onto school property, will be subject to suspension from school for at least one day. If the proposed consequence is the minimum oneday suspension, the student and the student’s parent/guardian 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 consequence exceeds five-day suspension, the student and the student’s parent will be given the same notice and opportunity for a hearing given to all students subject to a longterm suspension. The Superintendent has the authority to modify the minimum one-day suspension on a case-by-case basis. In deciding whether to modify the consequence the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.
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 one day. 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 a 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. If the proposed consequence is the minimum one-day suspension, the student and the student’s parent will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed consequence exceeds a fiveday suspension, the student and the student’s parent will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The Superintendent has the authority to modify the minimum one-day suspension on a case-by-case basis. In deciding whether to modify the consequence, the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

D. Referrals

Counseling
- The Guidance Office will handle all referrals to student to counseling.
Juvenile Delinquents and Juvenile Offenders
- For students found to have brought either a weapon (defined in 18 USC §930(g)(2) or a firearm (defined in 18 USC §921), the Superintendent is required to make the following referrals:
  - a. To the County Attorney for a juvenile delinquency proceeding before the Family Court:
    - All students under age 16, except students aged 14 or 15 who qualify for juvenile offender status under the Criminal Procedure Law 1.20(42).
  - b. To the appropriate law enforcement authorities:
    - All students age 16 or older, and all students aged 14 or 15 who qualify for juvenile offender status under Criminal Procedure Law 1.20(42).
- As a reminder, a dangerous weapon under 18 USC §930(g)(2) is: any weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except for a pocket knife with a blade less than 2½ inches long. A firearm under 18 USC §921 is: any weapon which will, or is designed to, or may readily be converted to expel a projectile by an explosive; or the frame or receiver of such weapon, or any firearm muffler or silencer; or any destructive device (e.g., bomb, grenade, rocket missile, mine, etc.); however, this does not include antique firearms (e.g., those from 1898 or prior, or certain replicas).

Ref: Education Law §3214
8 NYCRR §100.2(l)
Matter of O’Conner v. Bd. of Ed., 65 Misc. 2d 40, 43 (due process)
Appeal of Reeves, Dec. No. 13,857 (1998) (involuntary transfer)
Appeal of Alexander, 36 EDR 160 (1996) (counseling)
Matter of Troy R., 29 EDR 424 (1990) (automatic penalties)
Appeal of Ward, 27 EDR 217 (1988) (indefinite suspension)
Appeal of Wood, 27 EDR 92 (1987) (suspension beyond school year)
Matter of Clark, 21 EDR 542 (1982) (extracurricular activities)
Matter of Caskey, 21 EDR 138 (1981) (reduction in grade)
Matter of MacWhinnie, 20 EDR 145 (1980) (reduction in grade)
Matter of Labriola, 20 EDR 74 (1980) (excessive penalty)
Matter of Roach, 19 EDR 377 (1980) (transportation; contingent suspensions)
Matter of Caulfield, 18 EDR 574 (1979) (suspension from classes)
Matter of Wright, 18 EDR 432 (1978) (formal due process)
Matter of Macheski, 13 EDR 112 (1973) (suspension by a principal)
Matter of DeVore, 11 EDR 296 (1972) (insufficient basis for discipline)
Matter of Port, 9 EDR 107 (1970) (informal due process)

XI. 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 §3214, the district will take immediate steps to provide alternative means of instruction for the student. The Board of Education expects students, administrators, teachers and parents to make every effort to maintain student academic progress in the event of removal or suspension and support student re-entry to the classroom at the conclusion of the disciplinary action.

XII. Discipline of Students with Disabilities

The Board of Education recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities who violate the district’s student code of conduct, and/or to temporarily remove a student with disabilities from their current placement because maintaining the student in that placement is substantially likely to result in injury to the student or to others. The Board expects that this will be a sparingly used option and staff will employ conflict resolution meetings, restitution to those harmed, and group, classroom, or community circles as appropriate for a particular student. Restorative justice practices will be considered first in dealing with disciplinary issues, as long as the student with disabilities is able to meaningfully participate in the process and such practices are allowable under their IEP.

The Board also recognizes that students with disabilities deemed eligible for special education services under the IDEA and Article 89 of New York’s Education Law enjoy certain procedural protections that school authorities must observe when they decide to suspend or remove them. Under certain conditions, those protections extend, as well, to students not currently deemed to be a student with a disability but determined to be a student presumed to have a disability for discipline purposes.

Therefore, the Board is committed to ensuring that the district follows suspension and removal procedures that are consistent with those protections. The code of conduct for students is intended to afford students with disabilities and students presumed to have a disability for discipline purposes the express rights they enjoy under applicable law and regulations.

Definitions

For purposes of this portion of the code of conduct, and consistent with applicable law and regulations, the following definitions will apply:

Behavioral intervention plan (BIP) means a plan that is based on the results of a functional behavioral assessment and that, at a minimum, includes a description of the problem behavior, global and specific hypotheses as to why the problem behavior occurs, and intervention strategies that include positive behavioral supports and services to address the behavior.
Controlled substance means a drug or other substance abuse identified under schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 USC § 812(c)).
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, because the student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals, and because of such additional factors as the length of each suspension or removal, the total amount of time the student has been removed and the proximity of the suspensions or removals to one another.
Illegal drug means a controlled substance but does not include a controlled substance legally possessed or used under the supervision of a licensed health-care professional or a substance that is otherwise legally possessed or used under the authority of the Controlled Substances Act or under any other provision of federal law.
Interim alternative educational setting (IAES) means a temporary educational placement, other than the student’s current placement at the time the behavior precipitating the IAES placement occurred. An IAES must allow a student to continue to receive educational services that enable them to continue to participate in the general curriculum and progress toward meeting the goals set out in the student’s individualized education program; as well as to receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications designed to address the behavior violation so that it does not recur.
Manifestation review means a review of the relationship between the student’s disability and the behavior subject to disciplinary action required when the disciplinary action results in a disciplinary change of placement, and is conducted in accordance with requirements set forth later in this policy.
Manifestation team means a district representative knowledgeable about the student and the interpretation of information about the child’s behavior, the parent, and relevant members of the committee on special education as determined by the parent and the district.
Removal means a removal of a student with a disability for disciplinary reasons from their current educational placement, other than a suspension; and a change in the placement of a student with a disability to an IAES.
School day means any day, including a partial day, that students are in attendance at school for instructional purposes.
Serious bodily injury means bodily injury which involves a substantial risk of death, extreme physical pain, protracted obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
Student presumed to have a disability for discipline purposes means a student who, under the conditions set forth later in this policy, the district is deemed to have had knowledge was a student with a disability before the behavior that precipitated the disciplinary action.
Suspension means a suspension pursuant to §3214 of New York’s Education Law.
Weapon means the same as the term “dangerous weapon” under 18 USC §930(g)(2) which includes a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except a pocket knife with a blade of less than two and one-half inches in length.

Authority of School Personnel to Suspend or Remove Students with Disabilities

The Board, District Superintendent, Superintendent of Schools, or a Building Principal with authority to suspend students under the Education Law 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.

The Superintendent may, directly or upon the recommendation of a designated hearing officer, order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed ten consecutive school days inclusive of any period in which the student has been suspended or removed for the same behavior pursuant to the above paragraph if the Superintendent determines that the student’s behavior warrants the suspension.
The Superintendent also may order additional suspensions of not more than ten consecutive school days in the same school year for separate incidents of misbehavior, as long as the suspensions do not constitute a disciplinary change of placement. The student’s special education teacher shall be consulted regarding the intended IAES.

In addition, the Superintendent may order the placement of a student with a disability into an IAES, another setting, or suspension for a period in excess of ten consecutive school days if the manifestation team determines that the student’s behavior was not a manifestation of the student’s disability. In such an instance, the Superintendent may discipline the student in the same manner and for the same duration as a non-disabled student.

Furthermore, the Superintendent may, directly or upon the recommendation of a designated hearing officer, order the placement of a student with a disability to an IAES to be determined by the committee on special education for a period of up to 45 school days if the student either:

Carries or possesses a weapon to or at school, on school premises or to a school function, or
Knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function under the district’s jurisdiction, or
Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the district’s jurisdiction.

The Superintendent may order the placement of a student with a disability to an IAES under such circumstances, whether or not the student’s behavior is a manifestation of the student’s disability. However, the committee on special education will determine the IAES.

Procedures for the Suspension or Removal of Students with Disabilities by School Personnel

In cases involving the suspension or removal of a student with a disability for a period of five consecutive school days or less, the student’s parents or persons in parental relation to the student will be notified of the suspension and given an opportunity for an informal conference in accordance with the same procedures that apply to such short term suspensions of non-disabled students.
The suspension of students with disabilities for a period in excess of five school days will be subject to the same due process procedures applicable to non-disabled students, except that the student disciplinary hearing conducted by the Superintendent or a designated hearing officer will be bifurcated into a guilt phase and a penalty phase. Upon a finding of guilt, the Superintendent or the designated hearing officer will await notification of the determination by the manifestation team as to whether the student’s behavior was a manifestation of their disability. The penalty phase of the hearing may proceed after receipt of that notification. If the manifestation team determined that the behavior was not a manifestation of the student’s disability, the student may be disciplined in the same manner as a non-disabled student, except that they will continue to receive services as set forth below. However, if the behavior was deemed a manifestation of the student’s disability, the hearing will be dismissed, unless the behavior involved concerned weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury, in which case the student may still be placed in an IAES.

Limitation on Authority of School Personnel to Suspend or Remove Students with Disabilities

The imposition of a suspension or removal by authorized school personnel may not result in a disciplinary change of placement of a student with a disability that is based on a pattern of suspensions or removals as set forth above in the Definitions section of this policy, unless:

The manifestation team determines that the student’s behavior was not a manifestation of the student’s disability, or
The student is removed to an IAES for behavior involving weapons, illegal drugs, or controlled substances, or the infliction of serious bodily injury as set forth above.

School personnel will consider any unique circumstances on a case-by-case basis when determining whether a disciplinary change in placement is appropriate for a student with a disability who violates the district’s code of conduct.

In addition, school personnel may not suspend or remove a student with a disability in excess of the amount of time that a non-disabled student would be suspended for the same behavior.

Parental Notification of a Disciplinary Change of Placement

The district will provide the parents of a student with a disability notice of any decision to make a removal that constitutes a disciplinary change of placement because of a violation of the student code of conduct. Such notice will be accompanied by a copy of the procedural safeguards notice.

Authority of an Impartial Hearing Officer to Remove a Student with a Disability

An impartial hearing officer may order the placement of a student with a disability to an IAES for up to 45 school days at a time if they determine that maintaining the current placement of the student is substantially likely to result in injury to the student or to others. This authority applies whether or not the student’s behavior is a manifestation of the student’s disability.

Manifestation Review

A review of the relationship between a student’s disability and the behavior subject to disciplinary action to determine if the conduct is a manifestation of the student’s disability will be made by the manifestation team immediately, if possible, but in no case later than 10 school days after a decision is made by:

The Superintendent to change the placement of a student to an IAES;
An impartial hearing officer to place a student in an IAES; or
The Board, the Superintendent or Building Principal to impose a suspension that constitutes a disciplinary change in placement.

The manifestation team must determine that the student’s conduct was a manifestation of the student’s disability if it concludes that the conduct in question was either:

Caused by or hard direct or substantial relationship to the student’s disability, or
The direct result of the district’s failure to implement the student’s individualized education program.

The manifestation team must base its determination on a review of all relevant information in the student’s file including the student’s individualized education program, any teacher observations, and any relevant information provided by the parents.

If the manifestation team determines that the student’s conduct is a manifestation of the student’s disability, the district will:

Have the committee on special education conduct a functional behavioral assessment of the student and implement a behavioral intervention plan unless the district had already done so prior to the behavior that resulted in the disciplinary change of placement occurred. However, if the student already has a behavioral intervention plan, the CSE will review the plan and its implementation, and modify it as necessary to address the behavior.
Return the student to the placement from which they were removed, unless the change in placement was to an IAES for conduct involving weapons, illegal drugs, or controlled substances or the infliction of serious bodily injury, or the parents and the district agree to a change in placement as part of the modification of the behavioral intervention plan.

If the manifestation team determines that the conduct in question was the direct result of the district’s failure to implement the student’s individualized education program, the district will take immediate steps to remedy those deficiencies.

Services for Students with Disabilities during Periods of Suspension or Removal

Students with disabilities who are suspended or removed from their current educational setting in accordance with the provisions of this policy and applicable law and regulation will continue to receive services as follows:

During suspensions or removals of up to 10 school days in a school year that do not constitute a disciplinary change in placement, the district will provide alternative instruction to students with disabilities of compulsory attendance age on the same basis as non-disabled students. Students with disabilities who are not of compulsory attendance age will receive services during such periods of suspension or removal only to the same extent as non-disabled students of the same age would if similarly suspended.
During subsequent suspensions or removals of up to 10 school days that in the aggregate total more than 10 school days in a school year but do not constitute a disciplinary change in placement, the district will provide students with disabilities services necessary to enable them to continue to participate in the general education curriculum and to progress toward meeting the goals set out in their respective individualized education program. School personnel, in consultation with at least one of the student’s teachers, will determine the extent to which services are needed to comply with this requirement.
- In addition, during such periods of suspension or removal, the district will also provide students with disabilities services necessary for them to receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications designed to address the behavior violation so that it does not recur.
During suspensions or removals in excess of 10 school days in a school year that constitute a disciplinary change in placement, including placement in an IAES for behavior involving weapons, illegal drugs, or controlled substances, or the infliction of serious bodily injury, the district will provide students with disabilities services necessary to enable them to continue to participate in the general curriculum, to progress toward meeting the goals set out in their respective individualized education program, and to receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications designed to address the behavior violation so it does not recur.
- In such an instance, the committee on special education will determine the appropriate services to be provided.

Students Presumed to Have a Disability for Discipline Purposes

The parent of a student who is facing disciplinary action but who was not identified as a student with a disability at the time of misbehaviors has the right to invoke any of the protections set forth in this policy in accordance with applicable law and regulations if the district is deemed to have had knowledge that the student was a student with a disability before the behavior precipitating disciplinary action occurred and the student is, therefore, a student presumed to
have a disability for discipline purposes.

If it is claimed that the district had such knowledge, it will be the responsibility of the Superintendent, Building Principal, or other authorized school official imposing the suspension or removal in question for determining whether the student is a student presumed to have a disability for discipline purposes. The district will be deemed to have had such knowledge if:

The student’s parent expressed concern in writing to supervisory or administrative personnel, or to a teacher of the student that the student is in need of special education. Such expression may be oral if the parent does not know how to write or has a disability that prevents a written statement; or
The student’s parent has requested an evaluation of the student; or
A teacher of the student or other school personnel has expressed specific concerns about a pattern of behavior demonstrated by the student, directly to the district’s director of special education or other supervisory personnel.

Nonetheless, a student will not be considered a student presumed to have a disability for discipline purposes if notwithstanding the district’s receipt of information supporting a claim that it had knowledge the student has a disability,

The student’s parent has not allowed an evaluation of the student; or
The student’s parent has refused services; or
The District conducted an evaluation of the student and has determined that the student is not a student with a disability.

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 the district receives a request for an individual evaluation while the student is subjected to a disciplinary removal, the district will conduct an expedited evaluation of the student in accordance with applicable laws and regulations. Until the expedited evaluation is completed, the student will remain in the educational placement determined by the district which can include suspension.

Expedited Due Process Hearings

The district will arrange for an expedited due process hearing upon receipt of or filing of a due process complaint notice for such a hearing by:

The district 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 their current educational placement;
The district during the pendency of due process hearings where school personnel maintain that it is dangerous for the student to be in their current educational placement during such proceedings;
The student’s parent regarding a determination that the student’s behavior was not a manifestation of the student’s disability; or
The student’s parent relates to any decision regarding placement, including but not limited to any decision to place the student in an IAES.

The district will arrange for, and an impartial hearing officer will conduct, an expedited due process hearing in accordance with the procedures established in Commissioner’s regulations. Those procedures include but are not limited to convening a resolution meeting and initiating and completing the hearing within the timelines specified in those regulations.

When an expedited due process hearing has been requested because of a disciplinary change in placement, a manifestation determination, or because the district believes that maintaining the student in the current placement is likely to result in injury to the student or others, the student will remain in the IAES pending the decision of the impartial hearing officer or until the expiration of the period of removal, whichever occurs first unless the student’s parent and the district agree otherwise.

Referral to Law Enforcement and Judicial Authorities

Consistent with its authority under applicable law and regulations, the district will report a crime committed by a student with a disability to appropriate law enforcement and judicial authorities. In such an instance, The Superintendent will ensure that copies of the special education and disciplinary records of the student are transmitted for consideration to the appropriate authorities to whom the crime is reported, to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act (FERPA).

XIII. Expungement of Discipline

In the case of discipline in the nature of a short-term out-of-school suspension of no more than 5 school days or less, the student may apply to have the disciplinary record of such infraction expunged from their record by the Board of Education based upon subsequent good behavior, evidenced by the absence of further disciplinary infractions. Such an application may be made one time only during the course of the student’s school career. Applications for expungement in a discipline that involved serious bodily injury, use and/or possession of weapons, illegal drugs/controlled substances, and alcohol will not be considered.

XIV. Corporal Punishment

Corporal punishment is any act of physical force upon a student for the purpose of punishing that student. Corporal punishment of any student by any district employee is strictly forbidden.

However, in situations where alternative procedures and methods that do not involve the use of physical force cannot reasonably be used, reasonable physical force may be used to:

Protect oneself, another student, a teacher, or any person from physical injury.
Protect the property of the school or others.
Restrain or remove a student whose behavior interferes with the orderly exercise and performance of school district functions, powers, and duties, if that student has refused to refrain from further disruptive acts.

The district will file all complaints about the use of corporal punishment with the Commissioner of Education in accordance with Commissioner’s regulations.

Ref: 8 NYCRR §100.2(l)(3)
Rules of the Board of Regents §19.5

XV. Student Searches and Interrogations

The Board of Education is committed to ensuring an atmosphere on school property and at school functions that is safe and orderly. To achieve this kind of environment, any school official authorized to impose a disciplinary consequence 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.

The Board authorizes the Superintendent of Schools, Building Principals, the school nurse, and district security officials to conduct searches of students and their belongings, in most instances, with exceptions set forth below in A. and B., 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.

Before searching a student or the student’s belongings, the authorized school official should attempt to get the student to admit that they possess physical evidence that they violated the law or the district code, or get the student to voluntarily consent to the search. Searches will be limited to the extent necessary to locate the evidence sought, being reasonable in scope in light of the nature of the object of the search.

Whenever practicable, searches will be conducted in the privacy of administrative offices and students will be present when their possessions are being searched.

A. Student Lockers, Desks and other School Storage Spaces

The rules in this code of conduct regarding searches of students and their belongings do not apply to student lockers, desks and other school storage places. Students have no reasonable expectation of privacy with respect to these places and school officials retain complete control over them. This means that student lockers, desks and other school storage places may be subject to search at any time by school officials, without prior notice to students and without their consent.

B. Strip Searches

If, under extraordinary conditions, a school official, in consultation with the school attorney, if practicable, may deem it necessary to conduct a strip search of a student. Any strip search may only be conducted by an authorized school official (building or district administrator/health care professional) of the same sex as the student being searched and in the presence of another district professional employee who is also of the same sex as the student. The district will attempt to notify the student’s parents by telephone before conducting a strip search, or in writing after the fact if the parent could not be reached by telephone.

In every case, the school official conducting a strip search must have reasonable suspicion to believe the student is concealing evidence of a violation of law or the district code. In addition, before conducting a strip search, the school official must consider the nature of the alleged violation, the student’s age, the student’s record, the quality of the knowledge that leads to reasonable suspicion, and the need for such a search.

C. Treatment of Cell Phones

Teachers and administrators are authorized to confiscate student cell phones that are being used in violation of the code of conduct and/or the Student Use of Electronic Devices policy. Teachers and administrators are permitted to look at the screen of the cell phone and can request the student’s cooperation to search the cell phone further. Without a student’s permission, teachers and administrators should not undertake a more extensive search until conferring with the Superintendent or school attorney for guidance.

D. Documentation of Searches

The authorized school official conducting the search is responsible for promptly recording the following information about each search:

Name, age, and grade of student searched.
Reasons for the search.
Name of any informant(s).
Purpose of the search (that is, what item(s) were being sought).
Type and scope of search.
Person conducting the search and their title and position.
Witnesses, if any, to the search.
Time and location of the search.
Results of the search (that is, what item(s) were found).
Disposition of items found.
Time, manner, and results of parental notification.

The Principal or the Principal’s designee will be responsible for the custody, control, and disposition of any illegal or dangerous item taken from a student. The Principal or designee must clearly label each item taken from the student and retain control of the item(s) until the item is turned over to the police. The Principal or designee is responsible for personally delivering dangerous or illegal items to police authorities.

E. Police Involvement in Searches and Interrogations of Students

District officials are committed to cooperating with police officials and other law enforcement authorities to maintain a safe school environment. Police officials, however, have limited authority to interview or search students in schools or at school functions, or to use school facilities in connection with police work. Police officials may enter school property or a school function to question or search a student or to conduct a formal investigation involving students only if they have:

A search or an arrest warrant; or
Probable cause to believe a crime has been committed on school property or at a school function.

Before police officials are permitted to question or search any student, the Principal or designee must first try to notify the student’s parent to give the parent the opportunity to be present during the police questioning or search. If the student’s parent cannot be contacted prior to the police questioning or search, the questioning or search will not be conducted, unless the student is 16 years of age or older. The Principal or designee will also be present during any police questioning or search of a student on school property or at a school function.

Students who are questioned by police officials on school property or at a school function will be afforded the same rights they have outside the school. This means:

They must be informed of their legal rights.
They may remain silent if they so desire.
They may request the presence of an attorney.

Cross-ref: Students and Personal Electronic Devices Policy

Ref: Safford Unified School District #1 et al. v. Redding, 129 S. Ct. 2633 (2009)
Vassallo v. Lando, 591 F.Supp.2d 172 (E.D.N.Y. (2008)
Phaneuf v. Fraikin 448 F.3rd 591 (2006)
New Jersey v. TLO, 469 U.S. 325 (1985)
In re Gregory, 82 N.Y.2d 588 (1993)
People v. Scott D., 34 N.Y.2d 483 (1974)
People v. Singletary, 37 N.Y.2d 310 (1975))
People v. Overton, 20 N.Y.2d 360 (1969)
M.M. v. Anker, 607 F.2d 588 (2d Cir. 1979)
Opinion of Counsel, 1 EDR 800 (1959)

XVI. Visitors to the School

The Board recognizes that the success of the school program depends, in part, on support from the larger community. The Board wishes to foster a positive climate where members of the community have the opportunity to observe the hard work and accomplishments of the students, teachers, and other staff. Since schools are a place of work and learning, however, certain limits must be set for such visits. The Principal or designee is responsible for all persons in the
building and on the grounds. For these reasons, the following expectations apply to visitors to the schools:

Anyone who is not a regular staff member or student of the school will be considered a visitor.
All visitors to the school must enter through the designated single point of entry and report to the office of the Principal upon arrival at the school. There they will present photo identification, sign the visitor’s register, and will be issued a visitor’s identification badge, which must be worn at all times while in the school or on school grounds. The visitor must return the badge to the main entry point before leaving the building.
Visitors attending school functions that are open to the public after regular school hours, such as parent-teacher organization meetings or public gatherings, are not required to sign in.
Teachers are expected to teach and will not be able to take class time to discuss individual matters with visitors.
Any unauthorized person on school property will be reported to the Principal or designee. Unauthorized persons will be asked to leave. The police may be called if the situation warrants.
All visitors are expected to meet the expectations for public conduct on school property contained in this code of conduct.

Ref: Education Law §§1708; 2801

XVII. Public Conduct on School Property

The district is committed to providing a safe, welcoming, engaging, respectful, and orderly environment that is conducive to learning. The district invites members of the public to join them in the educational process, competitive and artistic events, and other school functions. In order to maintain this kind of environment, the public must also adhere to the expectations of the district. For purposes of this section of the code, “public” means all persons when on school property or attending a school function including students, teachers, and district personnel.

The expectations for the public’s conduct on school property and at school functions are not intended to limit freedom of speech or peaceful assembly, but to support a conducive learning environment, and maintain order, and prevent infringement on the rights of others.

All persons on school property or attending a school function must conduct themselves in a safe, 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 alone or with others, may:

Intentionally injure any person or threaten to do so, or endanger the safety of themselves or others.
Intentionally damage or destroy school district property or the personal property of a teacher, administrator, other district employee, or any person lawfully on school property, including graffiti or arson.
Disrupt the orderly conduct of classes, school programs, or other school activities.
Distribute or wear materials on school grounds or at school functions that are obscene, advocate illegal action, appear libelous, obstruct the rights of others, or are disruptive to the school program.
Intimidate, harass, or discriminate against any person on the basis of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), creed, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression).
Enter any portion of the school premises without authorization or remain in any building or facility after it is normally closed.
Obstruct the free movement of any person in any place to which this code applies.
Violate traffic laws, parking regulations, or other restrictions on vehicles.
Possess, consume, sell, offer, manufacture, distribute, or exchange alcoholic beverages, controlled or illegal substances, or any synthetic versions (whether or not specifically illegal or labeled for human consumption), or be under the influence of either on school property or at a school function.
Possess or use weapons in or on school property or at a school function, except in the case of law enforcement officers or as specifically authorized by the school district.
Loiter on or about school property.
Gamble on school property or at school functions.
Refuse to comply with any reasonable order of identifiable school district officials performing their duties.
Willfully incite others to commit any of the acts prohibited by this code.
Violate any federal or state statute, local ordinance, or Board policy while on school property or while at a school function.
Smoke a cigarette, cigar, pipe, electronic cigarette (i.e., vape), or use chewing or smokeless tobacco, or smoke/vape/ingest cannabis or concentrated cannabis (includes cannabis products) or smoke cannabinoid hemp (except for lawful medical cannabis use in compliance with state law and regulation).

B. Consequences

Persons who violate this code will be subject to the following consequences.

Visitors: Their authorization, if any, to remain on school grounds or at the school function will be withdrawn and they will be directed to leave the premises. If they refuse to leave, they will be subject to ejection.
Students: They will be subject to disciplinary actions as the facts may warrant, in accordance with the due process requirements.
Tenured faculty members: They will be subject to disciplinary action as the facts may warrant in accordance with Education Law § 3020-a or any other legal rights that they may have.
Staff members in the classified service of the civil service are entitled to the protection of Civil Service Law § 75. They will be subject to immediate ejection and disciplinary action as the facts may warrant in accordance with Civil Service Law § 75 or any other legal rights that they may have.
Staff members other than those described in subdivisions 3 and 4. They will be subject to warning, reprimand, suspension, or dismissal as the facts may warrant in accordance with any legal rights they may have.

C. Enforcement

The Principal or designee is responsible for enforcing the conduct required by this code.

When the Principal or designee sees an individual engaged in actions not conducive to achieving the goal of making school a community free of violence intimidation, bullying, harassment, discrimination, misconduct, or otherwise not allowed behaviors, which in their judgment does not pose any immediate threat of injury to persons or property, the Principal or designee will tell the individual that the behavior is not allowed and attempt to persuade the individual to stop. The Principal or designee will also warn the individual of the consequences for failing to stop. If the person refuses to stop engaging in the undesired behaviors, or if the person’s actions pose an immediate threat of injury to persons or property, the Principal or designee will have the individual removed immediately from school property or the school function. If necessary, local law enforcement authorities will be contacted to assist in removing the person.

The district will initiate disciplinary action against any student or staff member, as appropriate, with the “Consequences” section above. In addition, the district reserves its right to pursue civil or criminal legal action against any person violating the code.

XVIII. Publication, Distribution 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:

Providing copies of an age-appropriate, written in plain language, summary of the code to all students at an assembly to be held at the beginning of each school year.
Providing a plain language summary to all parents at the beginning of the school year, and thereafter on request.
Posting the complete code of conduct on the district’s website.
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.
Providing all new employees with a copy of the current code of conduct when they are first hired.
Making copies of the complete code available for review by students, parents, and other community members.

The Board will sponsor an in-service education program for all district staff members to ensure the effective implementation of the code of conduct and other training to contribute to its success as needed. 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. Ongoing professional development will be included in the district’s professional development plan, as needed.

B. Review of Code of Conduct

The Board 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 students, teachers, administrators, 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 of Education, in a manner prescribed by the Commissioner, no later than 30 days after adoption.

Table of Contents

I. Why Do We Have a Code of Conduct?

II. Introduction

III. Contact Directories

Dignity for All Students Act (DASA) Coordinators

District-Wide

Goshen High School

C.J. Hooker Middle School

Goshen Intermediate School

Scotchtown Avenue Elementary School

School-Based Support Resources

Goshen High School

Guidance Counselors

Psychologists

Nurses

Social Worker

C.J. Hooker Middle School

Guidance Counselors

Psychologists

Nurses

Social Worker

Goshen Intermediate School

Guidance Counselor

Psychologists

Nurses

Social Worker

Scotchtown Avenue Elementary School

Guidance Counselor

Psychologists

Nurses

Social Worker

Mental Health First Aid Resources

Behavioral Health Providers

IV. Definitions

V. Student Rights and Responsibilities

VI. Essential Partners

A. Parents

B. Staff

1. Teachers

2. School Counselors

3. Other School Personnel

4. Principals/Administrators

5. Dignity Act Coordinators

6. Superintendent

7. Board of Education

VII. Student Dress Code

VIII. Prohibited Student Conduct

IX. Reporting Violations

X. Disciplinary Penalties, Procedures, and Referrals

XI. Alternative Instruction

XII. Discipline of Students with Disabilities

XIII. Expungement of Discipline

XIV. Corporal Punishment

XV. Student Searches and Interrogations

XVI. Visitors to the School

XVII. Public Conduct on School Property

XVIII. Publication, Distribution and Review