Code of Conduct

Introduction

The Board of Education at Edwards-Knox Central School is committed to providing a safe and orderly school environment where students may receive, and district personnel may deliver quality educational services without disruption or interference. Responsible behavior by students, teachers, other district personnel, parents/guardians and other visitors is essential to achieving this goal.

The district has a long-standing set of expectations for conduct on school property and at school functions. These expectations are based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty and integrity.

The Board recognizes the need to clearly define these expectations for acceptable conduct on school property, to identify the possible consequences of unacceptable conduct, and to ensure that discipline when necessary is administered promptly and fairly. To this end, the board adopts this code of conduct.

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

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Student Rights and Responsibilities

The district is committed to safeguarding the rights given to all students under state and federal law. All public elementary and secondary school students have the right to attend school in a safe, welcoming, considerate, and caring environment. In addition, to promote a safe, healthy, orderly and civil school environment, all district students have these rights and responsibilities:

Student Rights	Student Responsibilities
To attend school in the district in which one’s parent or legal guardian resides.	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 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 aware of all rules and expectations regulating student’s behavior and conduct oneself in accordance with these guidelines.
To be respected as an individual.	To respect one another, and to treat others in the manner that one would want to be treated. To be respectful of the privacy of fellow students and district staff.
To express one’s opinion verbally or in writing.	To express opinions and ideas in a respectful manner so as not to offend, slander, or restrict, the rights and privileges of others.
To dress in such a way as to express one’s personality.	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 afforded equal and appropriate educational opportunities.	To be aware of available educational programs in order to use and develop one’s capabilities to their maximum.
To take part in all school activities on an equal basis regardless of actual or perceived race, color, weight, religion, religious practice, sex, sexual orientation, gender, gender identity or expression, national origin, ethic group, political affiliation, age, marital status or disability.	To work to the best of one’s ability in all academic and extracurricular activities, as well as being fair and supportive of others.
To have access to relevant and objective information concerning drug and alcohol abuse, as well as access to individual or agencies capable of providing direct assistance to students with serious personal problems.	To be aware of the information and services available and to seek assistance in dealing with personal problems, when appropriate.
To be protected from intimidation, harassment, or discrimination based on actual or perceived race, color, weight, religion, religious practice, sex, sexual orientation, gender, gender identity or expression, national origin, ethic group, political affiliation, age, marital status or disability by employees or students on school property or at a school-sponsored event, function or activity.	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, bullying or discrimination.

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Essential Partners

Parents/Guardians are expected to:

1. Recognize that the education of their child(ren) is a joint responsibility of the parents/guardians and the school community.
2. Send their children to school ready to participate and learn as required by New York State Education Law and in accordance with the district’s Comprehensive Student Attendance Policy (#7110). Ensure their children attend school regularly and on time. Ensure absences are legal.
3. Insist their children be dressed and groomed in a manner consistent with the student dress code.
4. Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly environment.
5. Know school rules and help their children understand them to maintain a safe, orderly, environment in accordance with the district’s Code of Conduct.
6. Convey to their children a supportive attitude toward education and the district.
7. Build positive relationships with staff, other parents/guardians and their children’s friends.
8. Help their children deal effectively with peer pressure.
9. Inform school officials of changes in the home situation that may affect student conduct or performance.
10. Provide a place for study and ensure homework assignments are completed.
11. Teach their children respect and dignity for themselves, and other students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, sex, gender/gender identity, sexual orientation, or disability, which will strengthen the child’s confidence and promote learning in accordance with the Dignity for All Students Act.
12. Promote positive and respectful behavior in their child by helping them to accept consequences of their actions and by becoming involved in the behavior management/disciplinary process.

Teachers are expected to:

1. Follow the Code of Conduct, as well as know, abide by, and enforce school rules in a fair and consistent manner.
2. Be prepared to teach.
3. Demonstrate interest in teaching and concern for student achievement and educational progress and respond appropriately to the individual needs of each student.
4. Know school policies and rules, and enforce them in a fair and consistent manner.
5. Know and be able to apply effective classroom behavior management techniques.
6. Communicate to students and parents/guardians: course objectives and requirements, marking/grading procedures, assignment deadlines, expectations for students and classroom discipline plan.
7. Communicate regularly with students, parents/guardians and other teachers concerning growth and achievement.
8. Confront issues of discrimination and harassment in any situation that threatens the emotional or physical health or safety of any students, school employee or any person who is lawfully on school property or at a school function.
9. Address personal biases that may prevent equal treatment of all students in the school or classroom setting.
10. Report incidents of discrimination, bullying, and/or harassment that are witnessed or otherwise brought to the teacher’s attention to the building administrator and/or Dignity Act for All Students (DASA) Coordinator in a timely manner.
11. Act as role models for students, maintain appropriate personal boundaries with students, and refrain from engaging in any behavior that could reasonably lead to even the appearance of impropriety. Inappropriate fraternization of staff with students is against District policy. Employees are expected to maintain a professional, ethical relationship with students and all other District stakeholder groups.
12. Maintain confidentiality about all personal information and educational records concerning students and their families.

Guidance Counselors/School Psychologists are expected to:

1. Follow the Code of Conduct, as well as know, abide by, and enforce school rules in a fair and consistent manner.
2. Assist students in coping with peer pressure and emerging personal, social and emotional problems;
3. Initiate and appropriately document teacher/student/counselor conferences and parent teacher/student/counselor conferences, as necessary, as a way to resolve problems.
4. Regularly review with students their educational progress, career plans and graduation requirements;
5. Provide information to assist students with career planning.
6. Encourage students to benefit from the curriculum and extracurricular programs;
7. Coordinate Intervention Support Services, as needed, with student, parent(s), Building Principals, and teachers.
8. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender/gender identity, or sex, with an understanding of appropriate appearance, language, and behavior in a school setting, which will strengthen students’ self-image and promote confidence to learn.
9. Report incidents of discrimination, bullying, and/or harassment that are witnessed or otherwise brought to the teacher’s attention to the building administrator and/or Dignity Act for All Students (DASA) Coordinator in a timely manner.
10. Maintain confidentiality about all personal information and educational records concerning students and their families.

Other School Staff are expected to:

1. Follow the Code of Conduct, as well as know, abide by, and enforce school rules in a fair and consistent manner.
2. Assist in promoting a safe, orderly and stimulating school environment;
3. Initiate teacher/student/counselor conferences and parent/teacher/student/counselor conferences, as necessary or requested, as a way to resolve problems and communicate as necessary in any other manner with parents/guardians and other staff regarding student progress and needs.
4. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender/gender identity, or sex, with an understanding of appropriate appearance, language, and behavior in a school setting, which will strengthen students’ self-image and promote confidence to learn.
5. Report incidents of discrimination, bullying, and/or harassment that are witnessed or otherwise brought to the teacher’s attention to the building administrator and/or Dignity Act for All Students (DASA) Coordinator in a timely manner.
6. Maintain confidentiality about all personal information and educational records concerning students and their families.

Principals are expected to:

1. Follow the Code of Conduct, as well as know, abide by, and enforce school rules in a fair and consistent manner.
2. Be responsible for enforcing the Code of Conduct and ensuring that all cases are resolved promptly and fairly.
3. Ensure that students and staff have the opportunity to communicate regularly with the principal and approach the principal for redress of grievances.
4. Evaluate on a regular basis all instructional programs.
5. Support the development of and student participation in appropriate extracurricular activities;
6. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender/gender identity, or sex, with an understanding of appropriate appearance, language, and behavior in a school setting, which will strengthen students’ self-image and promote confidence to learn.
7. Follow up of any incidents of discrimination, bullying, and/or harassment that are witnessed or otherwise brought to the teacher’s attention to the building administrator and/or Dignity Act for All Students (DASA) Coordinator in a timely manner.
8. Maintain confidentiality about all personal information and educational records concerning students and their families.

Superintendent is expected to:

1. Promote a safe, orderly and stimulating school environment, free from intimidation, discrimination, and harassment, supporting active teaching and learning.
2. Review with district administrators the policies of the Board of Education and state and federal laws relating to school operations and management.
3. Inform the Board of Education about educational trends relating to student discipline.
4. Work to create instructional programs that minimize problems of misconduct and are sensitive to student and teacher needs.
5. Work with district administrators in enforcing the Code of Conduct and ensuring that all cases are resolved promptly and fairly.
6. Shall lead or supervise the thorough investigation of all reports of harassment, bullying and/or discrimination, and ensure that such investigation is completed promptly after receipt of any written reports.
7. Maintain confidentiality about all personal information and educational records concerning students and their families.

Board of Education:

1. Collaborate with student, teacher, administrator, and parent organizations, school safety personnel and other school personnel to develop a Code of Conduct that clearly defines expectations for the conduct of students, district personnel and visitors on school property and at school functions.
2. Adopt and review annually the district’s Code of Conduct to evaluate the code’s effectiveness and the fairness and consistency of its implementation.
3. Appoint a Dignity Act for All Students Coordinator in each school building. The Dignity Act for All Students 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 other staff members for consultation and advice as needed on the Dignity Act.
4. Lead by example by conducting board meetings in a professional, respectful, courteous manner.

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Prohibited Student Conduct

The Board of Education expects all students to conduct themselves in an appropriate and civil manner, in accordance with the District Code of Conduct, 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. These expectations also apply to internships and student work experience.

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 misbehavior. District 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.

The Board recognizes the need to make its expectations for student conduct while on school property or engaged in a school function specific and clear. The rules of conduct listed below are intended to do that and focus on safety and respect for the rights and property of others.

Students who will not accept responsibility for their own behavior and who violate these school rules will be required to accept the penalties for their conduct.

Off-campus misconduct that endangers the health and safety of students or staff within the school or can reasonably be forecast to substantially disrupt the educational process is prohibited. Examples of such misconduct include, but are not limited to:

• Cyber-bullying (i.e., inflicting willful and repeated harm through electronic communication).
• Threatening or harassing students or school personnel over the phone or other electronic medium.

Students may be subject to disciplinary action, up to and including suspension from school, when they:

1. Engage in conduct that is disorderly.
   Examples of disorderly conduct include but are not limited to:
   1. Engaging in any act which disrupts the normal operation of the school community, running in hallways, making unreasonable noise, and using language or gestures that are profane, lewd, vulgar, abusive, intimidating, or that incite others.
   2. Obstructing vehicular or pedestrian traffic.
   3. 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.
   4. Computer/electronic communications misuse, including any unauthorized use of computers, software, or
      internet/intranet account; accessing inappropriate websites; evading the District’s content filter; using an outside wireless network; or any other violation of the District’s Acceptable Use Policy.
   5. Unauthorized use of electronic devices/equipment (i.e., cell phones, earphones, cameras, and other personal electronic devices deemed inappropriate by the administration.)
   6. Violations of the Student Dress Code.
2. Engage in conduct that is insubordinate.
   Examples of insubordinate conduct include but are not limited to:
   1. Failing to comply with the reasonable directions of teachers, school administrators or other school employees in charge of students or otherwise demonstrating disrespect.
   2. Lateness for, missing or leaving school without permission.
   3. Failing to comply with school/class detention attendance requirements (ie. lateness for or absence without permission).
3. Engage in conduct that is disruptive.
   Examples of disruptive conduct include, but are not limited to:
   1. Failing to comply with the reasonable directions of teachers, district administrators or other district employees or otherwise demonstrating disrespect.
   2. Endangering the health and safety of other students or staff or interfering with classes or District activities by means of inappropriate appearance or behavior as per District Code of Conduct.
   3. Wearing materials on school grounds or at school functions that are obscene, inflammatory, advocate illegal action, appear libelous, obstruct the rights of others or are disruptive to the school community.
4. Engage in conduct that is violent.
   Examples of violent conduct include but are not limited to:
   1. Committing, threatening, or attempting an act of violence (such as hitting, kicking, punching, and scratching) upon a teacher, administrator or other school employee or attempting to do so.
   2. Committing, threatening, or attempting an act of violence (such as hitting, kicking, punching, and scratching) upon another student or any other person lawfully on school property or attempting to do so.
   3. Engaging in bullying and/or harassing conduct, verbal threats, intimidation, or abuse (verbal or non-verbal) that reasonable causes or would reasonably be expected to cause a student to fear for his or her physical well-being.
   4. Possessing a weapon. Authorized law enforcement officials and persons specifically authorized by the school district are the only persons permitted to have a weapon in their possession while on school property or at a school function.
   5. Displaying, threatening, or using what appears to be or is a weapon.
   6. Intentionally damaging or destroying District property, the personal property of a student, teacher, administrator, contractor, vendor, or other district employee or any person lawfully on school property, including graffiti or arson.
   7. Communication by any means, including oral, written or electronic (such as through the Internet, email, or texting) off school property, where the content of such communication (a) can be reasonably interpreted as a threat to commit an act of violence on school property; or (b) results in material or substantial disruption to the educational environment.
5. Engage in any conduct that endangers the safety, morals, health or welfare of others.
   Examples of such conduct include, but are not limited to:
   1. Lying, deceiving or giving false information to school personnel.
   2. Stealing district property or the property of other students, school personnel or any other person lawfully on school property or while attending a school function.
   3. 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. This can include, but limited to, posting, publishing, video or audio recordings, or pictures or on the internet, social media, or any District-owned or personal electronic device.
   4. Inappropriate Public Displays of Affection (PDA) include any displays of affection which make others uncomfortable such as embracing and kissing.
   5. Discrimination, based on a person’s actual or perceived race, age, weight, sexual orientation, use of a recognized guide dog, hearing dog or service dog, color, creed, national origin, ethnic group, religion, religious practice, sex, sexual orientation, gender or gender identity, marital or veteran status, or disability or any other legally protected class as a basis for treating another in a negative manner on school property or at a school function.
   6. Engaging in acts of harassment, bullying, cyberbullying, intimidation or discrimination, including conduct prohibited by the Dignity for All Students Act.
   7. Inappropriate communication of a sexual nature including by means or any personal technology, electronic device, other means of technology, including but not limited to the taking, sending receiving of sexually explicit videos, pictures or audio.
   8. Displaying signs of gang affiliation or engaging in gang-related behaviors that are observed to increase the level
      of conflict or violent behavior.
   9. Hazing, which includes any intentional or reckless act directed against another for the purpose of initiation into affiliating with or maintaining membership in any school sponsored activity, organization, club or team.
   10. Selling, using, possessing or distributing obscene material.
   11. Possessing, using, consuming, selling, attempting to sell, distributing, purchasing or exchanging (or attempting to possess, use, consume, sell, purchase, distribute or exchange) alcoholic beverages, electronic cigarettes, tobacco, tobacco products, bath salts, synthetic drugs, or illegal and/or controlled substances, counterfeit and designer drugs, or paraphernalia for use of such drugs or be under the influence of any such substances on school property or at a school function.
   12. Possessing, consuming, selling, attempting to sell, distributing, or exchanging “look-alike drugs”; or, possessing or consuming (without authorization), selling, attempting to sell, distributing or exchanging other substances such as dietary supplements, weight loss pills, etc.
       • Illegal drugs mean a controlled substance except for those legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or any other federal law. While cannabis (marijuana) is a controlled substance under federal law, it has been legalized by New York State for adult use under certain circumstances. However, it is illegal for anyone under the age of 21 to purchase, posses, or use cannabis. Regardless of age, the sale, purchase, possession, and/or use of cannabis is prohibited on school grounds under state and federal laws and/or District policy.
   13. Inappropriately using, sharing, selling, attempting to sell, distributing or exchanging prescription and over-the-counter-drugs.
   14. Gambling and gaming.
   15. Inappropriate touching and/or indecent exposure.
   16. Initiating or reporting warning of fire or other catastrophe without valid cause, misusing 911, or inappropriately discharging a fire extinguisher.
   17. Violating gender privacy when using school restroom facilities.
6. Engage in misconduct 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, harassment and discrimination will not be tolerated.
7. Engage in any form of academic misconduct.
   Examples of academic misconduct include, but are not limited to:
   1. Plagiarism.
   2. Cheating.
   3. Altering records.
   4. Accessing other users email accounts or network storage accounts and/or attempting to read, delete, copy, modify, and interfere with the transferring and receiving of electronic communications.
   5. Violation of the District Acceptable Use Policy of Technology.
   6. Assisting another student in any of the above actions.

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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. Students who violate the dress code shall be required to modify their appearance by covering, removing, or replacing the offending item, as appropriate.

In our code a student’s dress, grooming/appearance, jewelry, make-up and nails, shall:

• Be safe, appropriate and not disrupt or interfere with the educational process.
• Recognize that extremely brief garments such as tube tops, net tops, plunging necklines (front and/or back), tops that expose the midriff, see-through garments, as well as short shorts and short skirts may not be appropriate for school during regular school hours. In addition, no cleavage or genitalia should be observed and skirts and dresses cannot be shorter then fingertip length when a person’s arms are relaxed at their sides. (Exceptions to this rule could include special designated events). The Principal will make decisions when questions or concerns arise regarding the appropriateness of an individual student’s dress.
• Include clothing that covers all private parts at all times and is a top and pants/short/skirt or dress. In addition, to ensure that all underwear is completely covered with outer clothing.
• Include footwear at all times. Footwear that is a safety hazard will not be allowed.
• For students grades 7-12 hats, hoods, visors and some types of head coverings will not be permitted in offices, auditorium, classrooms, in the cafeteria, during assemblies, at banquets, or programs.
• Not include items that are vulgar, obscene, and libelous or denigrate others on account of actual or perceived race, color, religion, creed, national origin, gender, sex, sexual orientation, disability or any other legally protected category.
• Not promote, depict, and/or endorse the use of weapons, alcohol, tobacco or illegal drugs and/or encourage other illegal or violent activities.
• Not be clothing, jewelry symbols, etc. that are determined by the Administration to indicate membership in a group that exists to intimidate or threaten the safe and orderly operation of the school and/or the health and welfare of the staff and/or students.
• Require any apparel changes to occur in a restroom or locker room.
• Limit the use of blankets to only students with permission from the Principal.

Each building principal or his or her designee shall be 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.

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

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Reporting Violations

All students are expected to promptly report violations of the Code of Conduct to a teacher, guidance counselor, the building principal or his or her designee. Any student observing a student possessing a weapon, alcohol or illegal substance on school property or at a school function shall report this information immediately to a teacher, the building principal, the principal’s designee or the superintendent.

District staff that are authorized to impose disciplinary sanctions are expected to do so in a prompt, fair and lawful manner. District staff who are not authorized to impose disciplinary sanctions are expected to promptly report violations of the Code of Conduct to their supervisor, who shall in turn impose an appropriate disciplinary sanction, if so authorized, or refer the matter to a staff member who is authorized to impose an appropriate sanction. Persons standing in the parental relationship to the student shall be notified of code violations by telephone, followed by a letter. The notification must identify the student and explain the conduct that violated the Code of Conduct.

The building principal or his or her 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 his or her designee learns of the violation. Those notifications include any harassment, bullying or discrimination that is believed to be constituted as criminal conduct. The notification may be made by telephone, followed by a letter mailed on same day as the telephone call is made. The notification must identify the student and explain the conduct that violated the code of conduct and constituted a crime.

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

Reporting Discrimination, Harassment and Bullying
Dignity for All Students Act (DASA)

The District seeks to create an environment free of harassment, bullying, and discrimination, to foster civility in school and to prevent conduct which is inconsistent with its educational mission. The intent of the Dignity for All Students Act (Dignity Act) focuses on prevention of harassment and discriminatory behaviors through the promotion of educational measures meant to positively impact school culture and climate. The Dignity Act states that NO student shall be subjected to harassment or discrimination by employees or students on school property (including school bus) or at a school function based on their actual or perceived (including, but not limited to) race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex.

The Dignity Act emphasizes the importance of tolerance and respect for others by students and staff alike. Therefore, all members of the school community, including essential partners such as superintendents, school board members, parents, students, teachers, guidance counselors, principals/administrators, support staff and other school personnel have particularly important roles to play in its implementation.

In compliance with the Dignity for All Students Act (DASA), a Dignity Act Coordinator for each school shall be appointed by the Board of Education annually. The Dignity Act Coordinator for each school shall be responsible for assisting in coordinating and enforcing the requirements and related policies and regulations.

DASA Coordinators

The following individuals are appointed to serve as the Dignity Act Coordinator for each school are the building level principal:

The DASA Coordinators are charged with receiving all reports of harassment, bullying, and discrimination; however, students and parents may make an oral or written complaint of harassment, bullying or discrimination to any teacher, administrator, or school employee. The District will act to promptly investigate all complaints, verbal or written, formal or informal, of allegations of discrimination, harassment, and bullying; and will promptly take appropriate action to protect individuals from further discrimination, harassment and bullying.

It is essential that any student who believes they have been subjected to discrimination, harassment, bullying or retaliatory behavior, as well as any individual who is are of and/or who has knowledge of, or witnesses any possible occurrence, immediately report the same to any staff member or administrator.

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Bullying and Harassment Prevention & Intervention

Our school is committed to providing an educational and working environment that promotes respect, dignity and equality. Discrimination, such as harassment and bullying, are detrimental to student learning and achievement. These behaviors interfere with the mission of the district to educate its students and disrupt the operation of the schools. Such behavior affects not only the students who are its targets but also those individuals who participate and witness such acts. These behaviors are strictly prohibited on school grounds, school buses and at all school-sponsored activities, programs and events. Discrimination, harassment, or bullying that takes place a locations outside of school grounds, such as cyberbullying, which creates or can be reasonably expected to create a material and substantial interference with the requirement of appropriate discipline in the operation of the school or impinge on the rights of other students are prohibited, and may be subject to disciplinary consequences.

Definitions

Bullying is a hostile activity which harms or induces fear through the threat of further aggression and/or creates terror.

Cyberbullying means harassment/bullying, as defined under harassment/bullying below, through any form of electronic communication.

Discrimination means discrimination against any student by a student or students and/or employee or employees on school property or at a school function including, but not limited to, discrimination based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.

Harassment/bullying means the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying as defined in Education Law §11[8], 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 reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. For purposes of this definition, the term “threats, intimidation or abuse” shall include verbal and non-verbal actions (Education Law §11[7]).

Acts of harassment and bullying that are prohibited include those acts based on a person’s actual or perceived membership in the following groups including, but not limited to race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, and gender (which includes a persons’ actual or perceived sex, as well as gender identity and expression).

In order to streamline the wording of this document the term bullying will be used throughout to encompass harassment, intimidation, or cyberbullying behaviors.

Prevention

The school setting provides an opportunity to teach children, and emphasize among staff, that cooperation with, and respect for others is a goal and value. A program geared to prevention is designed to not only decrease incidents of bullying but to help students build more supportive relationships with one another. Staff members and students will receive district-wide professional development and instruction, to the warning signs of bullying, as well as to their responsibility to become actively involved in the prevention of bullying before overt acts occur.

Curricular material that raises awareness and sensitivity to discrimination or harassment and civility in the relationships of people of different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, sexes or gender expression or identities will be included in the instructional program PK-12.

Intervention

Intervention by adults and bystanders is an important step in preventing escalation and resolving issues at the earliest stages. Intervention will emphasize education and skill-building.

Successful intervention may involve remediation. Remedial responses to bullying include measures to correct the problem behavior, prevent another occurrence of the behavior and protect the target. Remediation may be targeted to the individual(s) involved in the bullying behavior or environmental approaches which are targeted to the school or district as a whole.

In addition, intervention will focus upon the safety of the target. Staff is expected, when aware of bullying, to report it in accordance with this policy, refer the student to designated resources for assistance, or to intervene in accordance with this policy.

Provisions for Students Who Do Not Feel Safe at School

Intervention may require a specific coordinated approach if the child does not feel safe a school. Students who do not feel safe at school are limited in their capacity to learn and reach their academic potential. Staff, when aware of bullying, should determine if accommodations are needed in order to help ensure the safety of the students and bring this to the attention of the building principal. The building principal, other appropriate staff, the student and the student’s parent/guardian will work together to define and implement any needed accommodations.

The district recognizes that there is a need to balance accommodations which enhance student safety against the potential to further stigmatize the targeted student. Therefore, each case will be handled individually. The student, parent/guardian, and school administration will collaborate to establish safety provisions that best meet the needs of the targeted student. Follow up discussion and/or meetings will be scheduled, as needed, to ensure that safety concerns have been adequately addressed and to determine when and if accommodations need to be changed or discontinued.

Incident Reporting and Investigation

Students who have been bullied, parents whose children have been bullied or other students who observe bullying behavior are encouraged and expected to make a verbal and/or written complaint to the Dignity for All Students Act (DAC) coordinator and/or building principal. Staff who observe or learn of incident(s) of bullying are required, to make an oral report to the building principal or designee within one school day and fill out the district reporting form within two school days.

At all times, complaints will be documented, tracked and handled in accordance with the regulations and procedures accompanying this policy. An equitable and thorough investigation will be carried out by the building principal or the DAC with the results of the investigation reported back to both the target and the accused.

Disciplinary Consequences/Remediation

While the focus of this policy is on prevention, acts of bullying may still occur. In these cases, offenders will be given the clear message that their actions are wrong and the behavior must improve. Student offenders will receive in-school guidance in making positive choices in their relationships with others. If appropriate, disciplinary action will be taken by the administration in accordance with the district’s Code of Conduct. If the behavior rises to the level of criminal activity, law enforcement will be contacted.

Consequences for a student who commits an act of bullying will be unique to the individual incident and will vary in method and severity according to the nature of the behavior, the developmental age of the student, and the student’s history of problem behaviors, and consistent with the Code of Conduct.

Retaliation against any individual who, in good faith, reports or assists in the investigation of bullying shall be prohibited.

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Disciplinary Procedures, Penalties, and Referrals Alternative Instruction

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.

In addressing inappropriate behaviors, it is necessary to evaluate all of the circumstances surrounding the behavior in order to determine the least punitive response that would properly address the inappropriate behavior. The following facts will be considered prior to determining an appropriate disciplinary intervention and/or consequence:

• 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.
• Impact on the student targeted, if appropriate.
• The student’s IEP or 504 Accommodation Plan.
• Other extenuating circumstances.

Generally, discipline will be progressive and will include measured, balanced, and age-appropriate remedies and procedures that make appropriate use of prevention, education, intervention and discipline. This means that both the number of violations and severity of the behavior will be considered when determining consequence. For example, a student’s first violation will usually merit a lighter penalty than subsequence violations. However, the District retains the discretion to impose any level of discipline, even for a first violation, that is proportionate to the misconduct at issue.

Measured, balanced, progressive and age-appropriate responses will be provided as a response to some instances of discrimination, harassment and bullying of students and/or employees and other types of behaviors that may benefit from a restorative approach. Remedial responses put the focus on understanding and correcting the reasons why the behavior occurred. These remedial responses can be designed to correct the problem behavior, prevent another occurrence of the behavior, and protect the target of the act. Some appropriate responses may include: corrective instruction that reemphasizes behavioral expectations or other relevant learning or service experience; engagement of student in a reflective activity, such as writing an essay about the misbehavior and its impact on others and how the student might handle the situation differently in the future and/or make amends to those who have been harmed; supportive intervention and/or mediation where constructive conflict resolution is modeled; behavioral assessment or evaluation, behavioral management plans or behavior contracts, with benchmarks that are monitored; student counseling and parent conferences that focus on involving parent in discipline issues.

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.

Interventions/Consequences

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. When choosing interventions and consequences of student’s behavior, teacher, administrators, and staff must balance the District’s goals of eliminating school disruptions and maximizing student instruction time. The school personnel identified after each penalty are authorized to impose that penalty, consistent with the student’s right to due process.

1. Oral warning – any member of the district staff
2. Written warning – any member of the district staff
3. Written notification to parent – any member of the instructional support staff, teachers, Principal, Superintendent
4. Detention – teachers, Principal, Superintendent
5. Suspension from transportation – director of transportation, Principal, Superintendent
6. Suspension from athletic participation – coaches, athletic director, Principal, Superintendent
7. Suspension from social or extracurricular activities – activity director, Principal, Superintendent
8. Suspension of other privileges – Principal, Superintendent
9. In-school suspension Principal, Superintendent
10. Removal from classroom by teacher – teachers, Principal
11. Short-term (five days or less) suspension from school – Principal, Superintendent, Board of Education
12. Long-term (more than five days) suspension from school- Superintendent, Board of Education
13. Permanent suspension from school – Superintendent, Board of Education

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/guardians are entitled to additional rights before the penalty is imposed. These additional rights are:

1. Detention

Teachers, Principals and the Superintendent may use lunch or after school detention as a penalty for student misconduct in situations where removal from the classroom or suspension would be inappropriate. Detention will only be imposed after the student’s parent has been notified to confirm there is no parental objection and the student has appropriate transportation home. Should parents/guardians decline detention an appropriate alternative consequence will be substituted.

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 Director of Transportation’s and/or 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/guardian will become responsible for seeing that his or her child gets to and from school safely. Should the suspension from transportation amount to a suspension from attendance, the district will make appropriate arrangements to provide for the student’s education. A student subjected to a suspension from transportation is not entitled to a full hearing pursuant to Education law §3214. However, the student and the student’s parent/guardian will be provided with a reasonable opportunity for an informal conference with the building principal or the principal’s designee to discuss the conduct and the penalty involved.

3. Suspension from athletic participation, 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/guardian will be provided with a reasonable opportunity for an informal conference with the district official imposing the suspension to discuss the conduct and the penalty involved.

4. In-school suspension

The Board recognizes the school must balance the need of students to attend school and the need for order in the classroom to establish an environment conducive to learning. As such, the Board authorizes building principals and the superintendent to place students who would otherwise be suspended from school in “in-school suspension” (ISS). A student subjected to an ISS is not entitled to a full hearing pursuant to Education law §3214. However, the student and the student’s parent/guardian 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. The in-school suspension teacher will be a certified teacher or teaching assistant.

5. Removal of disruptive students by a teacher

A student’s behavior can affect a teacher’s ability to teach and can make it difficult for other students in the classroom to learn. In most instances the classroom teacher can control a student’s behavior and maintain or restore control over the classroom by using good classroom management techniques. These techniques may include practices that involve the teacher directing a student to briefly leave the classroom to give the student an opportunity to regain his or her composure and self-control in an alternative setting. Such practices may include, but are not limited to:

1. short-term “time out” in a “buddy 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 a 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 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 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 the end of the school day, to explain the circumstances of the removal and to present the removal form. If the principal or designee is not available by the end of the same school day, the teacher must leave the form with the secretary and meet with the principal or designee prior to the beginning of classes on the next school day.

Within 24-hours after the student’s removal, the principal or another district administrator designated by the principal must notify the student’s parents/guardians, in writing, that the student has been removed from class and why. The notice must also inform the parent/guardian 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/guardians. 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/guardians.

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/guardians 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/guardian and principal.

The principal or the principal’s designee may overturn the removal of the student from class if the principal finds anyone 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 a district provided form) for all cases of removal of students from his or her 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 his or her class until he or she has verified with the principal or the chairperson of the Committee on Special Education that the removal will not violate the student’s rights under state or federal law or regulation.

6. Suspension from school:

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

The Board retains its authority to suspend students, but places primary responsibility for the suspension of students with the superintendent and the building principals.

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 shall 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 shall gather the facts relevant to the matter and record them for subsequent presentation, if necessary.

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

When the Superintendent or Principal (referred to as the “suspending authority”) proposes to suspend a student charged with misconduct for five days or less pursuant to Education Law §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/guardians in writing that the student is being 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 suspend at the last known address for the parents/guardians. 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/guardians. 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/guardians of the right to request an immediate informal conference with the principal. Both the notice and informal conference shall be in the dominant language or mode of communication used by the parents/guardians. At the conference, the parents/guardians 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/guardians in writing of his or her decision.

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

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

The Superintendent shall personally hear and adjudicate the proceeding or may, in his or her discretion, designate a Hearing Officer to conduct the hearing. The Hearing Officer shall be authorized to administer oaths and to issue subpoenas in conjunction with the proceeding before him or her. A record of the hearing shall be maintained, but no stenographic transcript shall be required. A tape recording shall be deemed a satisfactory record. The hearing officer shall make findings of fact and recommendations as to the appropriate measure of discipline to the Superintendent. The report of the Hearing Officer shall be advisory only, and the Superintendent may accept all or any part thereof.

An appeal of the decision of the Superintendent may be made to the board that will make its decision based solely upon the record before it. All appeals to the board must be in writing and submitted to the district clerk within 10 business days of the date of the Superintendent’s decision, unless the parents/guardians 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.

3. Permanent suspension

Permanent suspension is reserved for extraordinary circumstances such as when 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.

Minimum Periods of Suspension

Students who bring a weapon to school

Any student, other than a student with a disability, found guilty of bringing a weapon onto school property will be subject to suspension from school for 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:

1. The student’s age.
2. The student’s grade in school.
3. The student’s prior disciplinary record.
4. The superintendent’s belief that other forms of discipline may be more effective.
5. Input from parents/guardians, teachers and/or others.
6. 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

Any student, other than a student with a disability, who is found to have committed a violent act, other than bringing a weapon or other dangerous instrument capable of causing physical injury or death onto school property, shall be subject to suspension from school for at least five days. If the proposed penalty is the minimum five-day suspension, the student and the student’s parents/guardians 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/guardians 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 educational process or repeatedly substantially interferes 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 class room, 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 20 week block. If the proposed consequence is the minimum five-day 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 the minimum five-day suspension, the student and the student’s parent/guardian 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 consequence, the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

Referrals

Counseling/Other Support Agency Referrals

The school counselors, social workers or school psychologist will handle all referrals of students to counseling and other appropriate human service agencies, as needed.

Person in Need of Supervision (PINS) Petitions

The district may file a PINS petition in Family Court on any student under the age of 18 who demonstrates that they require supervision or treatment by:

1. Being habitually truant and not attending school as required by part one of Article 65 of the Education Law.
2. Being ungovernable, or habitually disobedient and beyond the lawful control of the school.

Juvenile Delinquents and Juvenile Offenders

The Superintendent is required to refer the following students to the County Attorney for a juvenile delinquency proceeding before the Family Court:

1. Any student under the age of 16 who is found to have brought a weapon to school, or
2. 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.

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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 educational programs appropriate to individual students needs and in accordance with the requirements of the State Education Law.

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Discipline of Students with Disabilities

The Board of Education recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities to address disruptive or problem behavior. The Board also recognizes that students with disabilities have certain procedural protections whenever school authorities intend to impose discipline upon them. The Board is committed to ensuring that the procedures followed for suspending, removing or otherwise disciplining students with disabilities are consistent with the procedural safeguards required by applicable laws and regulations.

This code of conduct affords students with disabilities subject to disciplinary action no greater or lesser rights than those expressly afforded by applicable federal and state law and regulations. Except as modified in this section, all procedures applicable to students without a disability also apply to students with a disability.

A. Authorized Suspensions and Removals of Students with Disabilities

1. For purposes of this section of the code of conduct, the following definitions and procedures apply:
   • Suspension means a suspension from school pursuant to Education Law §3214.
   • Interim Alternative Educational Setting (IAES) means a temporary educational placement for a period of up to 45 days, other than the student’s current placement at the time the behavior precipitating the IAES placement occurred, that enables the student to continue to progress in the general curriculum, although in another setting, to continue to receive those services and modifications, including those described on the student’s current individualized education program(IEP), that will enable the student to meet the goals set out in such IEP, and include services and modifications to address the behavior which precipitated the IAES placement that are designed to prevent the behavior from recurring.
   • A manifestation determination is a review of the relationship between the student’s disability and the behavior subject to disciplinary action to determine if the conduct is a manifestation of the student’s disability. This review must be made immediately, if possible, but in no case later than 10 school days after (1) a decision is made by a superintendent of schools to change the placement of a student to an interim alternative educational setting for behavior involving serious bodily injury, weapons, illegal drugs or controlled substances; (2) a decision is made by an impartial hearing officer to place a student in an interim alternative educational setting pursuant to a dangerous situation;(3) a decision is made by a board of education, district superintendent of schools, building principal or superintendent to impose a suspension or removal that constitutes a disciplinary change in placement.
   • A manifestation team means a representative of the school district knowledgeable about the student and the interpretation of information about child behavior, the parent/guardian, and relevant members of the CSE as determined by the parent and the school district.
2. School personnel may order the suspension or removal of a student with a disability from their current educational placement as follows:
   1. The Board, the Superintendent of schools, or the building principal may order the placement of a student with a disability into an IAES, another setting or suspension, for a period not to exceed five consecutive school days and not to exceed the amount of time a non-disabled student would be subject to suspension for the same behavior.
   2. The Superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for up to 10 consecutive school days, inclusive of any period in which the student has been suspended or removed under subparagraph (a) above for the same behavior, if the superintendent determines that the student has engaged in behavior that warrants a suspension determines that the student has engaged in behavior that warrants a suspension and the suspension or removal does not exceed the amount of time non-disabled students would be subject to suspension for the same behavior.
   3. The Superintendent may order additional suspensions of not more than 10 consecutive school days in the same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.
   4. A Superintendent of schools, either directly or upon recommendation of a Hearing Officer designated to conduct a Superintendent’s hearing pursuant to Education Law, § 3214(3)(c), may order the change in placement of a student with a disability to an appropriate IAES, to be determined by the Committee on Special Education (CSE), for up to 45 school days, but not to exceed the period of suspension ordered by the Superintendent in accordance with Education Law, § 3214(3), where the student:
      1. inflicts serious bodily injury, as defined in section 201.2(m) of Part 200 of Commissioner’s Regulations, upon another person while at school, on school premises or at a school function under the district’s jurisdiction;
      2. carries or possesses a weapon to or at school, on school premises, or to or at a school function under the district’s jurisdiction; or
      3. 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.

The period of suspension or removal ordered by the Superintendent may not exceed the amount of time that a nondisabled student would be suspended for the same behavior. School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement consistent with the other requirements of Part 200 of Commissioner’s Regulations is appropriate for a student with a disability who violates a school district’s code of conduct.

B. Change of Placement

1. A disciplinary change in placement means a suspension or removal from a student’s current educational placement that is either:
   1. for more than 10 consecutive school days; or
   2. 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 more than 10 school days in a school year and because of such factors as the length of each suspension or removal, the total amount of time the student is removed and the proximity of the suspensions or removals to one another.

A student with a disability may not be suspended or removed from his or her educational placement if imposition of the suspension or removal would result in a disciplinary change in placement based on a pattern of suspensions or removals as determined by school personnel in accordance with the criteria set forth in section 201.2(e)(2) of Part 200 Commissioner’s Regulations, except where the manifestation team pursuant to section 201.4 of Part 200 Commissioner’s Regulations has determined that the behavior was not a manifestation of such student’s disability, or the student is removed to an IAES as authorized for behavior involving serious bodily injury, weapons, illegal drugs or controlled substances.

Authority of impartial Hearing Officer to order a change in placement: An impartial hearing officer appointed pursuant to Education Law § 4404(1), in an expedited due process hearing conducted pursuant to section 201.11 of Part 200 of Commissioner’s Regulations, may order a change in placement of a student with a disability to an appropriate interim alternative educational setting (IAES) for not more than 45 school days, if the hearing officer determines that maintaining the current placement of the student is substantially likely to result in injury to the student or others. The procedures established in this section may be repeated if the school district believes that returning the student to the original placement is substantially likely to result in injury to the student or others. A school district shall not be required to commence disciplinary action against a student with a disability as a prerequisite for initiating an expedited due process hearing to obtain an order of an impartial hearing officer pursuant to this section. A determination that the student’s behavior is a manifestation of the student’s disability shall not preclude an impartial hearing officer from ordering a change in placement to an IAES pursuant to this section.

C. Provisions of Services During Suspensions

During any period of suspension, a student with a disability shall be provided services to the extent required under this section and paragraph (e) of subdivision 3 of § 3214 of the Education Law. Nothing in this section shall be construed to confer a greater right to services than is required under Education Law, §3214(3)(e) and Federal law and regulations.

1. During suspensions or removals for periods of up to 10 school days in a school year that do not constitute a disciplinary change in placement, students with disabilities of compulsory attendance age shall be provided with alternative instruction pursuant to Education Law, §3214(3)(e) on the same basis as nondisabled students. Students with disabilities who are not of compulsory attendance age shall be entitled to receive services during such suspensions only to the extent that services are provided to nondisabled students of the same age who have been similarly suspended.
2. During subsequent suspensions or removals for periods of 10 consecutive school days or less, that in the aggregate total more than 10 school days in a school year but do not constitute a disciplinary change in placement, regardless of the manifestation determination, students with disabilities shall be provided with services necessary to enable the student to continue to participate in the general education curriculum and to progress toward meeting the goals set out in the student’s IEP and to receive, as appropriate, a functional behavioral assessment, behavioral intervention services and modifications that are designed to address the behavior violation so it does not recur. School personnel, in consultation with at least one of the student’s teachers, shall determine the extent to which services are needed, so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress in meeting the goals set out in the student’s IEP.
3. During suspensions or other disciplinary removals, including suspensions or removals pursuant to section 201.7(e) of Part 200 of the Commissioner’s Regulations, for periods in excess of 10 school days in a school year which constitute a disciplinary change in placement, regardless of the manifestation determination, students with disabilities shall be provided with services necessary to enable the student to continue to participate in the general education curriculum, to progress toward meeting the goals set out in the student’s IEP, and to receive, as appropriate pursuant to section 201.3 of Part 200 of the Commissioner’s Regulations, a functional behavioral assessment, behavioral intervention services and modifications that are designed to address the behavior violation so it does not recur. The IAES and services shall be determined by the CSE.

D. Expedited Due Process Hearings

1. An expedited due process hearing shall be conducted in the manner specified by the Commissioner’s regulations incorporated into this code, if:
   1. The district requests such hearing to obtain an order of an impartial hearing officer placing a student with a disability in an IAES where school personnel maintain that it is dangerous for the student to be in his other current educational placement, or during the pendency of due process hearings where school personnel maintain that it is dangerous for the student to be in his or her current educational placement during such proceedings.
   2. The parent requests such a hearing from a determination that the student’s behavior was not a manifestation of the student’s disability, or relating to any decision regarding placement, including but not limited to any decision to place the student in an IAES.
      1. During the pendency of an expedited due process hearing or appeal regarding the placement of a student in an IAES for behavior involving weapons, illegal drugs or controlled substances, or on grounds of dangerousness, or regarding a determination that the behavior is not a manifestation of the student’s disability for a student who has been placed in an IAES, the student shall remain in the IAES pending the decision of the impartial hearing officer or until expiration of the IAES placement, whichever occurs first, unless the parents and the district agree otherwise.
      2. If school personnel propose to change the student’s placement after expiration of an IAES placement, during the pendency of any proceeding to challenge the proposed change in placement, the student shall remain in the placement prior to removal to the IAES, except where the student is again placed in an IAES.
2. An expedited due process hearing shall be completed within 15 business days of receipt of the request for a hearing. Although the impartial hearing officer may grant specific extensions of such time period, he or she must mail a written decision to the district and the parents within five business days after the last hearing date, and in no event later than 45 calendar days after receipt of the request for a hearing, without exceptions or extensions.

E. Referral to Law Enforcement and Judicial Authorities

In accordance with the provisions of IDEA and its implementing regulations:

1. The district may report a crime committed by a child with a disability to appropriate authorities, and such action will not constitute a change of the student’s placement.
2. Consistent with the Family Educational Rights and Privacy Act (“FERPA”), the superintendent shall ensure that copies of the special education and disciplinary records of a student with disabilities are transmitted for consideration to the appropriate authorities to whom a crime is reported.

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Corporal Punishment

Corporal Punishment is any act of physical force upon a student to punish that student. Corporal punishment shall not mean the use of reasonable physical force for any of the following purposes:

1. to protect oneself, another student, teacher, or any person from physical injury; or
2. to protect the property of the school or of others; or
3. to restrain or remove a pupil whose behavior interferes with the orderly exercise and performance of School District functions, powers, and duties, if that student has refused to comply with a request to refrain from further disruptive acts, provided that alternative procedures and methods not involving the use of physical force cannot reasonably be employed to achieve the purposes set forth (a and b) above.

Whenever a school employee uses physical force against a student, the school employee shall, within the same school day, make a report to the Superintendent describing in detail the circumstances and the nature of the action taken.

The Superintendent shall submit a written semi-annual report to the Commissioner of Education, with copies to the Board of Education, by January 15 and July 15 of each year, setting forth the substance of each written complaint about the use of corporal punishment received by the Edwards-Knox Central School authorities during the reporting period, the results of each investigation, and the action, if any, taken by the school authorities in each case.

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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 penalty on a student may question a student about an alleged violation of law or the district code of conduct. Students are not entitled to any sort of “Miranda”-type warning before being questioned by school officials, nor are school officials required to contact a student’s parent before questioning the student. However, school officials will tell all students why they are being questioned.

In addition, the Board of Education authorizes the Superintendent and building principals to conduct searches of students and their belongings if the authorized school official has reasonable suspicion to believe that the search will result in evidence that the student violated the law or the district Code of Conduct. An authorized school official may conduct a search of a student’s belongings that is minimally intrusive, such as touching the outside of a book bag, without reasonable suspicion, so long as the school official has a legitimate reason for the very limited search.

An authorized school official may search a student or the student’s belongings based upon information received from a reliable informant. Individuals, other than the district employees, will be considered reliable informants if they have previously supplied information that was accurate and verified, or they make an admission against their own interest, or they provide the same information that is received independently from other sources, or they appear to be credible and the information they are communicating relates to an immediate threat to safety. District employees will be considered reliable informants unless they are known to have previously supplied information that they knew was not accurate.

Before searching a student or the student’s belongings, the authorized school official should attempt to get the student to admit that he or she possesses 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.

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

A. Student Lockers, Desks, School issued e-mail accounts and other School Storage Places

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, school issued e-mail accounts 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. Documentation of Searches

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

1. Name, age and grade of student searched.
2. Reasons for the search.
3. Name of any informant(s).
4. Purpose of search (that is, what item(s) were being sought).
5. Type and scope of search.
6. Person conducting search and his or her title and position.
7. Witnesses, if any, to the search.
8. Time and location of search.
9. Results of search (that is, what items(s) were found).
10. Disposition of items found.
11. Time, manner and results of parental notification.

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

C. Police Involvement in Searches and Interrogations of Students

It shall be the policy of the Edwards-Knox Central School District that a cooperative effort shall be maintained between the school administration and law enforcement agencies. Law enforcement officials may be summoned in order to conduct an investigation of alleged criminal conduct on school premises, or during a school-sponsored activity, or to maintain the educational environment. They may also be summoned for the purpose of maintaining or restoring order when the presence of such officers is necessary to prevent injury to persons or property.

Administrators have the responsibility and the authority to determine when the assistance of law enforcement officers is necessary within their respective jurisdictions. The school district’s administrators shall at all times act in a manner that protects and guarantees the rights of students and parents/guardians.

Police authorities have no right to interview students in the school building without a warrant or probable cause for suspicion. If the police wish to speak to a student without a warrant or probable cause for suspicion, they should take the matter up directly with the student’s parent/guardians.

If a student is to be questioned by police, it is the responsibility of the school administration to see that the interrogation takes place privately and in the presence of the parents/guardians and the building principal/designee. The building principal or his/her designee must be present with the student at all times during an interrogation and will be responsible for terminating the questioning in the event it becomes inappropriate.

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

D. Child Protective Services Investigations

Consistent with the district’s commitment to keep students safe from harm and the obligation of school officials to report to child protective services when they have reasonable cause to suspect that a student has been abused or maltreated, the district will cooperate with local child protective services workers who wish to conduct interviews of students on school property relating to allegations of suspected child abuse, and/or neglect, or custody investigations.

All requests by child protective services to interview a student on school property shall be made directly to building principal or his or her designee. The principal or his or her designee shall set the time and place of the interview. The principal or designee shall decide if it is necessary and appropriate for a school official to be present during the interview, depending on the age of the student being interviewed and the nature of the allegations.

A child protective services worker may not remove a student from school property without a court order, unless the worker reasonably believes that the student would be subject to danger of abuse if not he or she were not removed from school before a court order can reasonably be obtained. If the worker believes the student would be subject to danger of abuse, the worker may remove the student without a court order and without the parent’s/guardian’s consent.

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Visitors to the School

The Board encourages parents/guardians and other district citizens to visit the school. Since schools are a place of work and learning, however, certain limits must be set for such visits. The building principal or his or her designee is responsible for all persons in the building and on the grounds. For these reasons, the following rules apply to visitors to the schools:

1. Anyone who is not a regular staff member or student of the school will be considered a visitor.
2. All visitors to the school must sign in at the Front Office upon arrival at the school. There they will be required to 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 identification badge to the Front Office before leaving the building.
3. Visitors attending school functions that are open to the public, such as parent/guardian—teacher organization meetings or public gatherings are not required to register.
4. Teachers are expected not to take class time to discuss individual matters with visitors.
5. Any unauthorized person on school property will be reported to the principal or his or her designee. Unauthorized persons will be asked to leave. The police may be called if the situation warrants. If the person is a perceived intruder the emergency plan will be put into action.
6. All visitors are expected to abide by the rules for public conduct on school property contained in this code of conduct. A pass for a student visitor must be obtained at least one school day in advance from the building principal.

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Volunteers and Chaperones

People interested in being a volunteer and/or a chaperone must complete the School Volunteer Form and/or the School Chaperone Form.

1. Implementation of the Volunteer/Chaperone Program in the district shall be the responsibility of the Superintendent or his/her designee.
2. The need for volunteers/chaperones will be determined by the building principal in cooperation with the faculty and other personnel as may be appropriate. The staff member in need of volunteers will reach out to the requested volunteer to complete an application.
3. An application shall be filled out by each prospective volunteer/chaperone and forwarded to the District Office for evaluation. All regularly scheduled volunteers will, at a minimum, complete an application, provide authorization for a reference check, and shall be screened and interviewed by an administrator.
4. Following approval from the Superintendent of Schools, volunteers/chaperones selected for support in the district shall be placed on the list of approved volunteers However, the Superintendent retains the right to approve or reject any applications submitted for consideration.
5. Volunteers will work under the supervision and direction of appropriate staff and are expected to comply with all rules and regulations set forth by the district.
6. The district does not carry health/accident insurance or workers’ compensation on volunteers. They are covered for their actions or omissions within the scope of their approved authority under the liability section of the district’s umbrella policy. However, this is not the case for visitors to the school who do not act in a volunteer capacity.
7. Volunteers must sign in and out in the school office or alternate area designated for this purpose, unless determined otherwise by the building principal.
8. Volunteers must wear appropriate identification to insure immediate recognition as personals whose specific purpose is helping students and staff. Appropriate identification will be determined by the Superintendent or building principal/supervisor, or designee.
9. Volunteers who satisfactorily perform duties will be reappointed yearly and need not apply again. A letter will be sent to anyone who does not get reappointed.

Chaperone Guidelines for field trips:

1. The field trip supervisor must be a faculty or staff member.
2. All chaperones must be at least 21 years of age and a member of the school faculty/staff or a district registered volunteer.
3. Overnight chaperones must assume a 24-hour day responsibility for students from the time they leave until the time they return.
4. The level of student supervision of students while on a field trip is no less than the level of supervision of students required when students are on campus, participating in class, or participating in other school or school board activities.
   (Recommended 1:6 ratio on overnight trips.)
5. Chaperones are expected to be familiar with the Code of Conduct and shall report all suspected violations to the field trip supervisor immediately.
6. Chaperones may correct misbehavior of students while on a field trip. Elevated levels of discipline must come from the field trip supervisor.
7. Issues among chaperones and staff members must be resolved by the field trip supervisor, outside the presence of students.
8. Tobacco products may not be used by chaperones during the time they are on duty and/or in the presence of students.
9. Drinking of alcoholic beverages, use of marijuana, and/or use of illegal drugs by a chaperone at any time during a field trip is prohibited.
10. Chaperones must actively supervise and keep an accurate check on members assigned to them.
11. Overnight chaperones may not retire until all students are in their rooms, all visiting between rooms has stopped, and the chaperones are sure the students are secure.
12. Gender of the group members shall be considered when assigning chaperones and floor assignments.
13. Chaperones will not be permitted to bring siblings of participating students or other persons on a field trip.
14. Parents/guardians or student relatives who are not chaperones or student participants in a field trip will not be permitted to join a field trip at its destination unless they are approved volunteers by E-KCS.
15. Chaperones must wear appropriate clothing at all times. Appropriate clothing is defined as being dressed from
    neck/shoulder area to mid-thigh or knee area.
16. Chaperones are required to report any illness of students to the field trip supervisor immediately.

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Public Conduct on School Property

The district is committed to providing an orderly, respectful environment that is conducive to learning. To create and maintain this kind of an environment, it is necessary to regulate public conduct on school property and at school functions. For purposes of this section of the code, “public” shall mean all persons when on school property or attending a school function including students, teachers and district personnel.

The restrictions on public conduct on school property and at school functions contained in this code are not intended to limit freedom of speech or peaceful assembly. The district recognizes that free inquiry and free expression are indispensable to the objectives of the district. The purpose of this code is to maintain public order and prevent abuse of the rights of others. All persons on school property or attending a school function shall conduct themselves in a respectful and orderly manner. In addition, all persons on school property or attending a school function are expected to be properly attired for the purpose they are on school property.

A. Prohibited Conduct

No person, either alone or with others, shall:

1. Intentionally injure any person or threaten to do so.
2. 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.
3. Disrupt the orderly conduct of classes, school programs, Board of Education meetings or other school activities.
4. 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.
5. Intimidate, harass or discriminate against any person on the basis of race, color, creed, national origin, religion, age, gender, sexual orientation or disability.
6. Enter any portion of the school premises without authorization or remain in any building or facility after it is normally closed.
7. Obstruct the free movement of any person in any place to which this code applies.
8. Violate the traffic laws, parking regulations or other restrictions on vehicles.
9. Possess, consume, sell, distribute or exchange alcoholic beverages, controlled substances, or be under the influence of either on school property or at a school function.
10. Possess or use weapons in or on school property or at a school function, except in the case of law enforcement officers or except as specifically authorized by the school district.
11. Loiter on or about school property.
12. Gamble on school property or at school functions.
13. Refuse to comply with any reasonable order of identifiable school district officials performing their duties.
14. Willfully incite others to commit any of the acts prohibited by this code.
15. Violate any federal or state statute, local ordinance or board policy and procedures while on school property or while at a school function.
16. Falsely report an incident, or place a false bomb as defined in the New York State Penal Law.

B. Penalties

Persons who violate this code shall be subject to the following penalties:

1. Visitors – Their authorization, if any, to remain on school grounds or at the school function shall be withdrawn and they shall be directed to leave the premises. If they refuse to leave, they shall be subject to removal.
2. Students – They shall be subject to disciplinary action as the facts may warrant, in accordance with the due process requirements.
3. Tenured faculty members – They shall 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.
4. Staff members in the classified service of the civil service entitled to the protection of Civil Service Law §75 – They shall be subject to immediate removal and to disciplinary action as the facts may warrant in accordance with Civil Service Law § 75 or any other legal rights that they may have.
5. Staff members other than those described in subdivisions 4 and 5 – They shall 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 Superintendent, School Resource Officer or his or her designee if in attendance shall be responsible for enforcing the conduct required by this code.

When the Superintendent, School Resource Officer or his or her designee sees an individual engaged in prohibited conduct, which in his or her judgment does not pose any immediate threat of injury to persons or property, the principal or his or her designee shall tell the individual that the conduct is prohibited and attempt to persuade the individual to stop. The Superintendent, School Resource Officer or his or her designee shall also warn the individual of the consequences for failing to stop. If the person refuses to stop engaging in the prohibited conduct, or if the person’s conduct poses an immediate threat of injury to persons or property, the Superintendent, School Resource Officer or his or her designee shall 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 shall initiate disciplinary action against any student or staff member, as appropriate, with the “Penalties” section above. In addition, the district reserves its right to pursue a civil or criminal legal action against any person violating the code.

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Technology Guidelines

Guidelines for Acceptable Student Use

We are pleased to offer the students of Edwards-Knox Central School access to the district computer network for Internet access. To gain independent access (the use of the Internet during a student’s free time) all students must obtain parental permission and must sign and return this form to the school.

Access to the Internet will enable students to explore thousands of libraries, databases, and bulletin boards throughout the world. Families should be warned that some material accessible via the Internet may contain items that are illegal, defamatory, and inaccurate or potentially offensive to some people. While our intent is to make Internet access available to further educational goals and objectives, students may find ways to access other materials as well. We believe that the benefits to students from access to the Internet, in the form of information resources and opportunities for collaboration, exceed any disadvantages. Edwards-Knox Central School teachers who utilize the Internet for instruction will review the guidelines for its use. Parents and guardians should help set and convey the standards that their children should follow when using media and information sources. To that end, Edwards-Knox Central School supports and respects each family’s rights to decide whether or not to apply for independent access. However, by not approving Internet access a student’s ability to research information will be limited.

Guidelines for Acceptable Use – Users are expected to follow these rules of network etiquette:

1. Users are to be polite and use appropriate language. Abusive and/or vulgar messages are not allowed.
2. Users are not to engage in illegal activities including sexually explicit material, gambling, and hate websites.
3. Users are not to reveal anyone else’s address, phone number or personal information out over the Internet.
4. Users cannot hold the district responsible for materials that he/she acquires on the network.
5. Users files are NOT private. The District has access to all files and can monitor computer activity at all times.
   • Any messages relating to or in support of illegal activities may be reported to the authorities.
6. Users are not to use the network in any way that will be disruptive to other users.
7. Users are not to access, alter, or destroy any files.
8. Users may access the network ONLY for educational intent.
9. Users are not to investigate, download or play Internet games that are not approved by a teacher, use chat rooms (ICRs) or use Multi-Dimensions (MUDS).
10. Users are not to download or install any software to the computers.
11. Users are not to give out their username and password to anyone, nor are they to use another person’s username and password to access the network.
12. Users will credit all materials in their work in keeping with copyright laws.
13. Users are not to employ the network for commercial purposes.
14. Users are to report any misuse of the system according to these rules to the administration.
15. Users are to treat the equipment with care and not abuse it.
16. Users are to follow printing guidelines and ARE NOT allowed to print in color unless given permission by an EK staff member and should only be done for academic purposes.
17. Users are not to use Proxy servers to access the Internet.
18. Users in grades 7-12 will have access to a school provided e-mail account and are expected to use this account within the intent of these guidelines. Grades K-6 will not have permission to access or use any e-mail accounts.
19. If you have any questions about using a computer not consistent with these guidelines, please ask a staff member.

The following are possible consequences depending on the severity of the offense and the impact it may have on others:

• Loss of privileges for 30 days.
• Loss of privileges for remainder of semester or 60 days.
• Loss of privileges for remainder of the year or 90 days.
• Students may be removed from the Network by the Network Administrator for inappropriate use of the network/Internet.
• A discipline referral needs to be filled out by faculty/staff to report violations.

Additional disciplinary action may be determined at the building level for infractions that may violate existing practices (i.e. inappropriate language.) When applicable, law enforcement agencies may be involved.

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Publication, Dissemination, and Review

Dissemination of Code of Conduct

The Board will work to ensure that the community is aware of this code of conduct by:

1. Providing copies of a summary of the Code of Conduct to all students, in an age appropriate, plain language version, at a general school assembly held at the beginning of each school year.
2. Making copies of the Code of Conduct available to all parents/guardians at the beginning of the school year.
3. Providing a summary of the Code of Conduct written in plain language to all parents/guardians of district students before the beginning of the school year and making this summary available later upon request.
4. Providing all current teachers and other staff members with a copy of the Code of Conduct and a copy of any amendments to the code as soon as practicable after adoption.
5. Providing all new employees with a copy of the current Code of Conduct when they are first hired.
6. Making copies of the Code of Conduct available for review by students, parents/guardians and other community members and provide opportunities to review and discuss this Code of Conduct with the appropriate personnel.

Review of Code of Conduct

The Board of Education, via a committee of representative stakeholders, 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 of Conduct has been applied fairly and consistently. The Board may appoint an advisory committee to assist in reviewing the Code of Conduct and the district’s response to its violations. The committee will be made up of representatives of student, teacher, administrator, and parent organizations, school safety personnel and other school personnel. Before adopting any revisions to the code, the Board will hold at least one public hearing at which school personnel, parents/guardians, students and any other interested party may participate.

The district shall post the complete Code of Conduct (with all amendments and annual updates) on the district’s website, if available. The district shall file a copy of its Code of Conduct and any amendments with the Commissioner, in a manner prescribed by the Commissioner, no later than thirty (30) days after their respective adoptions.

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Appendix A: Glossary of Terms

To better support understanding of this code, the following definitions apply:

• Bullying is a hostile activity which harms or induces fear through the threat of further aggression and/or creates terror.
• Cyberbullying means harassment/bullying, as defined under harassment/bullying below, through any form of electronic communication.
• Defamation means making false or unjustified injury to the good reputation of another.
• Disability means (a) a physical, mental, or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term must be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held (Education Law §11[4] and Executive Law §292[21]).
• Discrimination means discrimination against any student by a student or students and/or employee or employees on school property or at a school function including, but not limited to, discrimination based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.
• Disruptive student means an elementary student, middle school student, 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.
• Emotional harm that takes place in the context of “harassment or bullying” means harm to a student’s emotional well-being through creation of a hostile school environment that is so severe or pervasive as to unreasonably and substantially interfere with a student’s education.
• 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 9- B of article 5 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 §11[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 is socially constructed roles, behaviors and activities that a given society considers appropriate for men or women. (MASCULINE and FEMININE denote “gender”). Gender means a person’s actual or perceived sex and includes a person’s gender identity or expression (Education Law §11[6]).
• Gender expression is the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyles, activities, voice or mannerisms.
• Gender identity for the purposes of discrimination as it applies is one’s self conception as being male or female, as distinguished from actual biological sex or assigned sex at birth.
• Gender non-conforming are individuals who don’t follow the socially constructed roles for men or women.
• Harassment/bullying means the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying as defined in Education Law §11[8], 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 reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. For purposes of this definition, the term “threats, intimidation or abuse” shall include verbal and non-verbal actions (Education Law §11[7]).

Acts of harassment and bullying that are prohibited include those acts based on a person’s actual or perceived membership in the following groups including, but not limited to race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, and gender (which includes a persons’ actual or perceived sex, as well as gender identity and expression).

• Illegal drugs mean a controlled substance except for those legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or any other federal law. While cannabis (marijuana) is a controlled substance under federal law, it has been legalized by New York State for adult use under certain circumstances. However, it is illegal for anyone under the age of 21 to purchase, posses, or use cannabis. Regardless of age, the sale, purchase, possession, and/or use of cannabis is prohibited on school grounds under state and federal laws and/or District policy.
• Manifestation Determination means a review of the relationship between the student’s disability and the behavior subject to disciplinary action that is conducted by the Committee of Special Education (CSE).
• 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.
• Questioning refers to individuals who are unsure, still exploring and/or concerned about applying a label to themselves regarding sexual orientation and/or gender.
• Race means a group of persons related by a common descent or heredity. For purposes of enumeration the U.S. Census Bureau uses terms such as: “White/Caucasian”, “Black/African American/African-descent”, “Asian”, “Bi-racial”, “Hispanics/Latinos”, etc. to describe and classify the inhabitants of the United States.
• 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 means 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 dietary rules, refraining from certain activities, proselytizing, etc.
• School bus means every motor vehicle owned by a public or governmental agency or private school and operated for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity, to or from school or school activities, or, privately owned and operated for compensation for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities (Education Law §11[1] and Vehicle and Traffic Law §142).
• School function means a school-sponsored extra-curricular event or activity (Education Law §11[2]).
• School property means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school; or in or on a school bus, (Education Law§11[1]) .
• Sex means the biological and physiological characteristics that define men and women. (MALE and FEMALE denote “sex”).
• Sexual orientation means actual or perceived heterosexuality, homosexuality, or bisexuality (Education Law §11[5]).
• Transgender is an umbrella term for persons whose gender identity, expression or behavior does not conform to that typically associated with the sex to which they are assigned at birth.
• Violent student means a student under the age of 21 who:
  • Commits an act of violence upon a school employee, or attempts to do so.
  • Commits, while on school property or at a school function, an act of violence upon another student or any other person lawfully on school property or at the school function, or attempts to do so.
  • Possesses, while on school property or at a school function, a weapon.
  • 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 (including all school personnel) or any person lawfully on school property or at a school function.
  • Knowingly and intentionally damages or destroys school district property.
  • Harasses a school employee or any other person lawfully on school property or at a school function.
• 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, bow and arrow, machine gun, disguised gun, dagger, dirk, razor, stiletto, switchblade knife, gravity knife, brass knuckles, sling shot, metal knuckle knife, box cutter, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper spray or other noxious spray, explosive or incendiary bomb, or other device, instrument, material or substance that can cause physical injury or death when used to cause physical injury or death. (For exceptions see XVII: A-10.) Any fake or toy look-alikes will be considered a weapon for purposes of this definition.
• Weight means aside from the obvious meaning in the physical sciences, the word is used in reference to a person’s size.

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