Disciplinary Penalties, Procedures and Referrals
Discipline
is most effective when it deals directly with the problem at the time
and place it occurs, and in a way that students view as fair and
impartial. School personnel who interact with students are expected to
use disciplinary action only when necessary and to place emphasis on the
students’ ability to grow in self-discipline.
Disciplinary
action, when necessary, will be firm, fair, and consistent so as to be
the most effective in changing student behavior. In determining the
appropriate disciplinary action, school personnel authorized to impose
disciplinary penalties will consider the following:
1. The student’s age.
2. The nature of the offense and the circumstances, which led to the offense.
3. The student’s prior disciplinary record.
4. The effectiveness of other forms of discipline.
5. Information from parents, teachers and/or others, as appropriate.
6. Other extenuating circumstances.
As
a general rule, discipline will be progressive. This means that a
student’s first violation will usually merit a lighter penalty than
subsequent violations.
If the conduct of a student is
related to a disability or suspected disability, the student shall be
referred to the Committee on Special Education and discipline, if
warranted, shall be administered consistent with the separate
requirements of this code of conduct for disciplining students with a
disability or presumed to have a disability. A student identified as
having a disability shall not be disciplined for behavior related to
his/her disability.
A. Penalties
Students
who are found to have violated the district’s code of conduct may be
subject to the following penalties, either alone or in combination. The
school personnel identified after each penalty are authorized to impose
that penalty, consistent with the student’s rights to due process.
1. Oral warning – any member of the district staff.
2.
Written warning – any staff member employed by the district, including
bus drivers, teacher aides, coaches, guidance counselors, teachers,
principal, superintendent.
3. Written notification to parent – coaches, guidance counselors, teachers, principal, superintendent.
4. Detention – teachers, principal, superintendent.
5. Suspension from transportation – principal, superintendent.
6. Suspension from athletic participation – coaches, principal, superintendent.
7. Suspension from social or extracurricular activities – principal, superintendent.
8. Suspension of other privileges – principal, superintendent.
9. Prohibition from participating in the graduation ceremony or related graduation activities.
10. In-school suspension – principal, superintendent.
11. Removal from classroom by teacher – teachers, principal, superintendent.
12. Short-term (five days or less) suspension from school – principal, superintendent.
13. Long-term (more than five days) suspension from school – superintendent.
14. Permanent suspension from school – superintendent, board of education.
B. Procedures
The
amount of due process a student is entitled to receive before a penalty
is imposed depends on the penalty being imposed. In all cases,
regardless of the penalty imposed, the school personnel authorized to
impose the penalty must inform the student of the alleged misconduct and
must investigate, to the extent necessary, the facts surrounding the
alleged misconduct. All students will have an opportunity to present
their version of the facts to the school personnel imposing the
disciplinary penalty in connection with the imposition of the penalty.
Students
who are to be given penalties other than an oral warning, written
warning or written notification to their parents are entitled to
additional rights before the penalty is imposed. These additional rights
are explained below:
1. Detention
Teachers and principals may use after school detention as a penalty for
student misconduct in situations where removal from the classroom or
suspension would be inappropriate. A student's parents will be contacted to notify them of the penalty and to confirm that the student has appropriate transportation home following the detention.
2. Suspension from transportation
If a student does not conduct himself/herself properly on a bus, the bus driver is expected to
bring such misconduct to the building principal’s attention. Students
who become a serious disciplinary problem may have their riding
privileges suspended by the building principal or the superintendent or
their designees. In such cases, the student’s parent will become
responsible for seeing that his or her child gets to and from school
safely. Should the suspension from transportation amount to a suspension
from attendance, the district will make appropriate arrangements to
provide for the student’s education.
A
student subject 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 the district official
imposing the suspension to discuss the conduct and the penalty involved.
3. 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 parents will
be provided with a reasonable opportunity for an informal conference
with the district official imposing the suspension to discuss the
conduct and the penalty involved.
4. In-school suspension
The board recognizes the school must balance the need of students to attend school and the
need for order in the classroom to establish an environment conducive
to learning. As such, the board authorizes building principal 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.” Whenever possible, the in-school suspension teacher will be a certified
teacher.
A
student subject to an in-school suspension is not entitled to a full
hearing pursuant to Education Law 3214. However, the student and the
student’s parents will be provided with a reasonable opportunity for an
informal conference with the district official imposing the in-school
suspension to discuss the conduct and the penalty involved.
5. Teacher disciplinary removal of disruptive students
A
student’s behavior can affect the teacher’s ability to teach and can
make it difficult for other students in the classroom to learn. In most
instances the classroom teacher can control a student’s behavior and
maintain or restore control over the classroom by using good classroom
management techniques. These techniques may include practices that
involve the teacher directing a student to briefly leave the classroom
to give the student an opportunity to regain his or her composure and
self-control in an alternative setting. Such practices may include, but
are not limited to: (1) short-term “time out” in an elementary classroom
or in an administrator’s office; (2) sending a student into the hallway
briefly; (3) sending a student to the principal’s office for the
remainder of the class time only; or (4) sending the student to a
guidance counselor or other district staff member for
counseling. Time-honored classroom management techniques such as these
do not constitute disciplinary removals for purposes of this code.
On
occasion, a student’s behavior may become disruptive. For purposes of
this code of conduct, a disruptive student is a student who is
substantially disruptive of the educational process or substantially
interferes with the teacher’s authority over the classroom. A
substantial disruption of the educational process or substantial
interference with a teacher’s authority occurs when a student
demonstrates a persistent unwillingness to comply with the teacher’s
instructions or repeatedly violates the teacher’s classroom behavior
rules.
A
classroom teacher may remove a disruptive student from class for two
days for the first incident, and three days for subsequent
incidents. The removal from class applies to the class of the removing
teacher only. This type of removal applies only to disruptive students
who have consistently interfered with the educational process and the
teacher’s ability to teach. It is not intended to be used as a
consequence for students who are unprepared, did not do their homework,
are late to class, or are inattentive. It is intended as a consequence
for persistent misconduct and disruption in the classroom. Before
resorting to removal from class, teachers must follow the steps below:
1. Students will receive a verbal warning that their conduct in inappropriate.
2. Teachers will hold a private, individual conference with the student to discuss his/her behavior.
3. The student’s parents will be contacted by phone and informed that the child is engaging in disruptive behavior in class.
4. The
teacher will hold a face-to-face meeting with the parent for the
purpose of developing a plan to improve their child’s behavior and
informing them that the next step will be removal from class.
5. The
teacher will file a “RFC” (Removal from class) form with the
principal. This form will contain documentation of steps one through
four.
6. The
principal will remove the students from the class and provide an
alternative educational setting for the duration of the removal.
7. The classroom teacher must provide work for the student for the duration of the removal.
If
the disruptive student does not pose a danger or an on-going threat of
disruption to the academic process, the teacher must provide the student
with an explanation for why he or she is being removed and an
opportunity to explain his or her version of the relevant events before
the student is removed. Only after the informal discussion may a teacher
remove a student from class.
If
the student poses a danger or ongoing threat of disruption, the teacher
may order the student to be removed immediately. The teacher must,
however, explain to the student why he or she was removed from the
classroom and give the student a chance to present his or her version of
the relevant events within 24 hours.
The
teacher must complete a district-established disciplinary removal form
and meet with the principal or his or her designee as soon as possible,
but no later than then 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 of the student’s removal, the principal or another district
administrator designated by the principal must notify the student’s
parents, in writing, that the student has been removed from class and
why. The notice must also inform the parent that he or she has the
right, upon request, to meet informally with the principal or the
principal’s designee to discuss the reasons for the removal.
The
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 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 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
the 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 charges against the student are not supported by substantial evidence.
2. The student’s removal is otherwise in violation of law, including the district’s code of conduct.
3. The conduct warrants suspension from school pursuant to Education Law 3214 and a suspension will be imposed.
The
principal or his or her designee may overturn a removal at any point
between receiving the referral form issued by the teacher and the close
of business on the day following the 48-hour period for the informal
conference, if a conference is requested. No student removed from the
classroom by the classroom teacher will be permitted to return to the
classroom until the principal makes a final determination, or the period
of removal expires, whichever is less.
Any
disruptive student removed from the classroom by the classroom teacher
shall be offered continued educational programming and activities until
he or she is permitted to return to the classroom.
Each
teacher must keep a complete log (on district-provided forms) for all
cases of removal of students from his or her class. The principal must
keep a log of all removals of students from classes.
Removal
of a student with a disability, under certain circumstances, may
constitute a change in the student’s placement. Accordingly, no teacher
may remove a student with a disability from his or her class until he or
she has verified with the principal or chairperson of the Committee on
Special Education that the removal will not violate the student’s right
under state or federal lay or regulation.
6. Suspension from school
Suspension
from school is a severe penalty, which may be imposed only upon
students who have repeated misconduct, are insubordinate, disorderly,
violent or disruptive, or whose conduct otherwise endangers the safety,
morals, health, or welfare of others.
The
board retains its authority to suspend students, but places primary
responsibility for the suspension of students with the superintendent
and the building principal.
Any
staff member may recommend to the principal that a student be
suspended. All staff members must immediately report and refer a violent
student to the principal for a violation of the code of conduct. All
recommendations and referrals shall be made in writing unless the
conditions underlying the recommendations 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
principal, upon receiving a recommendation or referral for suspension
or when processing a case for suspension, shall gather the facts
relevant to the matter and record them for subsequent presentation, if
necessary.
a. Short-term (5 days or less) suspension from school.
When
the principal (referred to as the “suspending authority”) proposes to
suspend a student charged with misconduct 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 misconduct, the
suspending authority must provide an explanation of the basis for the
proposed suspension. The suspending authority must also notify the
student’s parents 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 shall provide a description of the charges against the student
and the incident for which suspension is proposed and shall inform the
parents of the right to request an immediate informal conference with
the principal. Both the notice and the informal conference shall be in
the dominant language or mode of communication used by the parents. At
the conference, the parents shall be permitted to ask questions of
complaining witnesses under such procedures as the principal may
establish.
The
notice and opportunity for an informal conference shall take place
before the student is suspended unless the student’s presence in school
poses a continuing danger to persons or property or an ongoing threat of
disruption to the academic process. If the student’s presence does pose
such a danger or threat of disruption, the notice and opportunity for
an informal conference shall take place as soon after the suspension as
is reasonably practicable.
After
the conference, the principal shall promptly advise the parents in
writing of his or her decision. The principal shall advise the parents
that if they are not satisfied with the decision and wish to pursue the
matter, they must file a written appeal to the superintendent within
five business days, unless they can show extraordinary circumstances
preventing them from doing so. The superintendent shall issue a written
decision regarding the appeal within 10 business days of receiving the
appeal. If the parents are not satisfied with the superintendent’s
decision, they must file a written appeal to the board of education with
the district clerk within 10 business days of the date of the
superintendent’s decision, unless they can show extraordinary
circumstances precluding them from doing so. Only the final decision of
the board may be appealed to the Commissioner within 30 days of the
decision.
b. Long-term (more than 5 days) suspension from school – Superintendent’s Hearing.
When
the superintendent or building principal determines that a suspension
for more than 5 days may be warranted, he or she shall give reasonable
notice to the student and the student’s parents of their right to a fair
hearing. The superintendent will contact the school attorney to
represent the district during the hearing. At the hearing the student
shall have the right to be represented by counsel, the right to question
witnesses against him or her and the right to present witnesses and
other evidence on his or her behalf.
The
superintendent shall personally hear and determine the proceeding or
may, in his or her discretion, designate a hearing officer to conduct
the hearing. The hearing officer shall be authorized to administer oaths
and to issue subpoenas in conjunction with the proceeding before him or
her. A record of the hearing shall be maintained, but no stenographic
transcript shall be required. A tape recording shall be deemed a
satisfactory record. The hearing officer shall make findings of fact and
recommendations as to the appropriate measure of discipline to the
superintendent. The report of the hearing officer shall be advisory
only, and the superintendent may accept all or any part thereof.
An
appeal of the decision of the superintendent may be made to the board
that will make its decision based solely upon the record before it. All
appeals to the board must be in writing and submitted to the district’s
clerk within 10 business days of the date of the superintendent’s
decision, unless the parents can show that extraordinary circumstances
precluded them from doing so. The board may adopt in whole or in part
the decision of the superintendent. Final decisions of the board may be
appealed to the Commissioner within 30 days of the decision.
c. Permanent Suspension.
Permanent
suspension is reserved for extraordinary circumstances such as where a
student’s conduct poses a life-threatening danger to the safety and
well-being of other students, school personnel or any other person
lawfully on school property or attending a school function.
C. Minimum Periods of Suspension
Students who bring a weapon to school:
1.
Any student, other than a student with a disability, found guilty of
bringing a weapon onto school property will be subject to suspension
from school for 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
penalty, the superintendent may consider the following:
a. The student’s age.
b. The student’s grade in school.
c. The student’s prior disciplinary record.
d. The superintendent’s belief that other forms of discipline may be more effective.
e. Input from parents, teachers, and/or others.
f. Other extenuating circumstances.
A student with a disability may be suspended only in accordance with the requirements of state and federal law.
Students who commit violent acts other than bringing a weapon to school.
2.
Any student, other than a student with a disability, who is found to
have committed a violent act, other than bringing a weapon onto school
property, shall be subject to suspension from school for at least five
days. If the proposed penalty is the minimum five-day suspension, the
student and the student’s parent will be given the same notice and
opportunity for an informal conference given to all students subject to a
short-term suspension. If the proposed penalty exceeds the minimum
five-day suspension, the student and the student’s parents will be given
the same notice and opportunity for a hearing given to all students
subject to a long-term suspension. The superintendent has the authority
to modify the minimum five-day suspension on a case-by-case basis. In
deciding whether to modify the penalty, the superintendent may consider
the same factors considered in modifying a one-year suspension for
possessing a weapon.
Students who are repeatedly substantially disruptive of the education process or repeatedly substantially interferes with the teacher’s authority over the classroom.
3.
Any student, other than a student with a disability, who repeatedly is
substantially disruptive of the educational process or substantially
interferes with the teacher’s authority over the classroom, will be
suspended from school for at least five days. For purposes of this code
of conduct, “repeatedly is substantially disruptive” means engaging in
conduct that results in the student being removed from the classroom by
teacher(s) pursuant to Education Law 3214(3-a) and this code on four or
more occasions during a trimester. If the proposed penalty is the
minimum five-day suspension, the student and the student’s parent will
be given the same notice and opportunity for an informal conference
given to all students subject to a short-term suspension. If the
proposed penalty exceeds the minimum five-day suspension, the students
and the student’s parents will be given the same notice and opportunity
for a hearing given to all students subject to a long-term
suspension. The superintendent has the authority to modify the minimum
five-day suspension on a case-by-case basis. In deciding whether to
modify the penalty, the superintendent may consider the same factors
considered in modifying a one-year suspension for possessing a weapon.
D. Referrals
1. Counseling: The
guidance office shall handle all referrals of students to counseling.
The Guidance counselors will work in cooperation with the school social
worker and the school psychologist to ensure proper counseling
assignments.
2. PINS
Petitions: The district may file a PINS (Person In Need of Supervision)
petition in Family Court on any student under the age of 18 who
demonstrates that he or she requires supervision and treatment by:
a. Being habitually truant or not attending school as required by part one of Article 65 of Education Law.
b.
Engaging in an ongoing or continual course of conduct which makes the
students ungovernable, or habitually disobedient and beyond the lawful
control of the school.
c. Knowingly
and unlawfully possesses marijuana, alcohol, or other controlled
substances in violation of Penal Law 221.05. A single violation of
221.05 will be a sufficient basis for filing PINS petition.
3. Juvenile Delinquents and Juvenile Offenders.
4. The
superintendent is required to refer the following students to the
County Attorney for a juvenile delinquency proceeding before the Family
Court:
a. Any student under the age of 16 who is found to have brought a weapon to school, or
b. Any student 14 or 15 years old who qualifies for juvenile offender status under the Criminal Procedure Law 1.20 (42).
The
superintendent is required to refer students age 16 and older or any
student 14 or 15 years old who qualifies for juvenile offender status to
the appropriate law enforcement authorities.
