2007 3410
1 of 3
Community Relations
SUBJECT: UNIFORM VIOLENT & DISTRUPTIVE INCIDENT
SYSTEM - CODE OF
CONDUCT ON SCHOOL PROPERTY
The
District has developed and will amend, as appropriate, a written Code of
Conduct for the Maintenance of Order on School Property, including school
functions, which shall govern the conduct of students, teachers and other
school personnel, as well as visitors. The Board of Education shall further
provide for the enforcement of such Code of Conduct.
For
purposes of this policy and the implemented Code of Conduct, 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 the
District's elementary or secondary schools, or in or on a school bus; and a
school function shall mean a school-sponsored extracurricular event or activity
regardless of where such event or activity takes place, including those that
take place in another state.
The
District Code of Conduct has been developed in collaboration with student,
teacher, administrator, and parent organizations, school safety personnel and
other school personnel.
The
Code of Conduct shall include, at a minimum, the following:
a)
Provisions
regarding conduct, dress and language deemed appropriate and acceptable on
school property and at school functions, and conduct, dress and language deemed
unacceptable and inappropriate on school property; provisions regarding acceptable civil and respectful treatment of
teachers, school administrators, other school personnel, students and visitors
on school property and at school functions; the appropriate range of
disciplinary measures which may be imposed for violation of such Code; and the
roles of teachers, administrators, other school personnel, the Board of
Education and parents/persons in parental relation to the student;
b)
Standards
and procedures to assure security and safety of students and school personnel;
c)
Provisions
for the removal from the classroom and from school property, including a school
function, of students and other persons who violate the Code;
d)
Provisions
prescribing the period for which a disruptive student may be removed from the
classroom for each incident, provided that no such student shall return to the
classroom until the Principal (or his/her designated School District
administrator) makes a final determination pursuant to Education Law Section
3214(3-a)(c) or the period of removal expires, whichever is less;
e) Disciplinary measures to be taken for incidents involving the possession or use of illegal substances or weapons, the use of physical force, vandalism, violation of another student's civil rights, harassment and threats of violence;
(Continued)
2007 3410
2 of 3
Community Relations
SUBJECT: UNIFORM VIOLENT & DISTRUPTIVE INCIDENT
SYSTEM - CODE OF
CONDUCT ON SCHOOL PROPERTY (Cont'd.)
f) Provisions for detention, suspension and removal from the classroom of students, consistent with Education Law Section 3214 and other applicable federal, state and local laws, including provisions for school authorities to establish procedures to ensure the provision of continued educational programming and activities for students removed from the classroom, placed in detention, or suspended from school, which shall include alternative educational programs appropriate to individual student needs;
g) Procedures by which violations are reported and determined, and the disciplinary measures imposed and carried out;
h)
Provisions
ensuring the Code of Conduct and its enforcement are in compliance with state
and federal laws relating to students with disabilities;
i)
Provisions
setting forth the procedures by which local law enforcement agencies shall be
notified of Code violations which constitute a crime;
j)
Provisions
setting forth the circumstances under and procedures by which parents/persons
in parental relation to the student shall be notified of Code violations;
k)
Provisions
setting forth the circumstances under and procedures by which a complaint in
criminal court, a juvenile delinquency petition or person in need of
supervision ("PINS") petition will be filed;
l)
Circumstances
under and procedures by which referral to appropriate human service agencies
shall be made;
m)
A minimum
suspension period for students who repeatedly are substantially disruptive
of the educational process or substantially interfere with the teacher's
authority over the classroom, provided that the suspending authority may reduce
such period on a case-by-case basis to be consistent with any other state and
federal law. For purposes of this requirement, as defined in Commissioner's
Regulations, "repeatedly is substantially disruptive of the educational
process or substantially interferes with the teacher's authority over the
classroom" shall mean engaging in conduct which results in the removal of
the student from the classroom by teacher(s) pursuant to the provisions of
Education Law Section 3214(3-a) and the provisions set forth in the Code of
Conduct on four (4) or more occasions during a semester, or three (3) or more
occasions during a trimester, as applicable;
n) A minimum suspension period for acts that would qualify the student to be defined as a violent student pursuant to Education Law Section 3214(2-a)(a). However, the suspending authority may reduce the suspension period on a case-by-case basis consistent with any other state and federal law;
(Continued)
2007 3410
3 of 3
Community Relations
SUBJECT: UNIFORM VIOLENT & DISTRUPTIVE INCIDENT
SYSTEM - CODE OF
CONDUCT ON SCHOOL PROPERTY (Cont'd.)
o)
A Bill of
Rights and Responsibilities of Students which focuses upon positive student
behavior, and which shall be publicized and explained to all students on an
annual basis; and
p)
Guidelines
and programs for in-service education programs for all District staff members
to ensure effective implementation of school policy on school conduct and
discipline.
The
Code of Conduct has been adopted by the Board of Education only after at least
one (1) public hearing that provided for the participation of school personnel,
parents/persons in parental relation, students, and any other interested
parties. Copies of the Code of Conduct shall be disseminated pursuant to law
and Commissioner's Regulations.
The
District's Code of Conduct shall be reviewed on an annual basis, and updated as
necessary in accordance with law. The School Board shall reapprove any updated
Code of Conduct or adopt revisions only after at least one (1) public hearing
that provides for the participation of school personnel, parents/persons in
parental relation, students, and any other interested parties.
The
District shall file a copy of its Code of Conduct and all amendments to the
Code with the Commissioner of Education no later than thirty (30) days after
their respective adoptions.
Privacy
Rights
As
part of any investigation, the District has the right to search all school
property and equipment including District computers. Rooms, desks, cabinets,
lockers, computers, etc. are provided by the District for the use of staff and
students, but the users do not have exclusive use of these locations or
equipment and should not expect that materials stored therein will be private.
Education Law Sections 2801 and 3214
Family Court Act Articles 3 and 7
Vehicle and Traffic Law Section 142
8
Section 100.2(l)(2)
NOTE: Refer also to Policy #7310 -- School Conduct and Discipline
District Code of Conduct on School Property
Adoption Date: June 25, 2007