Shen Logo
Back to Shen Home Page

CODE OF CONDUCT Regulations - 3410A
TABLE OF CONTENTS

I.  PREAMBLE

II. ROLES & RESPONSIBILITIES

  1. Administrators

  2. Board of Education

  3. Faculty

  4. Parents / Guardian

  5. Students

  6. Superintendent

  7. Support Staff

  8. Visitors

III. DEFINITIONS

  1. Alcohol, Tobacco and other substances

  2. Appropriate Dress

  3. Bullying

  4. Disruptive Student

  5. Electronic Devices

  6. Loitering / Trespassing

  7. Pool Safety Plan

  8. Sexual Harassment

  9. Violent Student

  10. Weapon

IV. PROHIBITED Conduct

V.  RIGHTS AND RESPONSIBILITIES

  1. Students' Rights

  2. Student Responsibilities

  3. Positive Alternatives

VI. EXPECTATIONS

VII. DISCIPLINARY INFRACTIONS, PROCEDURES, CONSEQUENCES, PROCESSES

VIII. DISCIPLINE PROCESS FOR STUDENTS WITH DISABILITES.

IX. DISCIPLINE PROCEDURES FOR STUDENTS USING TRANSPORTATION

X.  Student Privacy RIGHTS

  1. Student Privacy Pursuant to Policy 7330

  2. Due Process

  3. Referrals in the Case of a Possible Crime

XI.  FIRST AMENDMENT RIGHTS.

  1. Student Speech

  2. Literature Distribution, Surveys & Petitions

  3. Patriotic Ceremonies

  4. Buttons, Arm Bands and other symbols

  5. Religious Activities

  6. School Newspapers and Student Publications

APPENDIX I - Profile of a Shenendehowa Elementary School Student

APPENDIX II – Profile of a Shenendehowa Middle School Student

APPENDIX III – Profile of a Shenendehowa Graduate

 

THE CODE OF CONDUCT FOR THE MAINTENANCE OF ORDER ON SCHOOL PROPERTY

I.  PREAMBLE

The Shenendehowa Central School District Board of Education is committed to providing a school environment that is conducive to learning, safety and order. Responsible behavior by students, teachers, other district staff, parents and other visitors is essential to achieving this goal. The district has a long-standing set of values and beliefs that guide the actions and behaviors of all staff members and students to ensure success. Central to those values and beliefs are certain fundamental principals:

  • Students learn best when adults serve as active, positive role models.
  • Students learn best when there is unconditional acceptance and tolerance for differences.
  • Students learn best when respect and civility are modeled by all.
  • Students learn best when behavioral expectations are clearly defined and enforced.

Further, to define success, student Profiles (see Appendices I, II and III) are clearly and concisely articulated at each level of progress - elementary, middle, and high school. The student Profiles define in broad statements WHAT our students will need to know and be able to do in order to be successful in school and throughout their lives. It is these expectations that challenge and motivate our students, and subsequently dictate behavioral norms.

The Board of Education annually adopts the Code of Conduct, which:

  • Defines expectations for acceptable conduct on school property and at school events both off and on school property.
  • Serves as a standard for consistency and fairness in ensuring student, family, visitor, and staff rights.
  • Identifies possible consequences for unacceptable conduct.
  • Strives to ensure that discipline is administered fairly and in accordance with applicable regulations and statutes.

In order to ensure that the students, staff and the larger Shenendehowa community are aware of the Code of Conduct for the Maintenance of Order on School Property (the code):

  • The Code will be printed in the annual school calendar.
  • Before adoption of the Code following any major revision, a public hearing will be held to allow input and questions.
  • The Code of Conduct will be filed with the Commissioner no later than 30 days after adoption.
  • The availability of the Code on the school calendar, at Shenet.org and at each school/department will be made known to each staff member

Every member of the Shenendehowa school community, students, faculty members, parents, administrators and support staff will contribute to and accept responsibility for an orderly and respectful school climate.

The following set of rules and regulations have been adopted to cover the conduct of students and adults. The intention of the rules is to help ensure safety and security of students, staff, and visitors. (This is done in compliance with Section 2801 of the Education Law.)

II. ROLES & RESPONSIBILITIES

This Code of Conduct for the Maintenance of Order on School Property is to serve as a standard for consistency and fairness in ensuring student, family, visitor, and staff rights.

A thorough understanding for all Shenendehowa staff, parents, students, and visitors in the standards of this Code is critical and will be achieved through broad communication and appropriate training.

Every member of the Shenendehowa school community - students, faculty members, parents, administrators and support staff will contribute to and accept responsibility for an orderly and respectful school climate.

  1. Administrators - Building administrators and their designees (for example, assistant principals) are responsible for promoting a supportive and positive school environment and for implementing the Code of Conduct for the Maintenance of Order on School Property in a fair and consistent manner. Staff members found guilty of violating any of these provisions of these rules shall be subject to disciplinary action as outlined in Board Policy, contractual agreements, and as outlined in Education Law §3020-a and Civil Service Law §75.
  2. Board of Education - The Board of Education establishes the district's Code of Conduct for the Maintenance of Order on School Property. Members should lead by example by conducting Board meetings in a professional, courteous and respectful manner. They must insure that there is a procedure for hearing grievances relating to disciplinary action so that the rights of all individuals will be protected. Staff members found guilty of violating any provisions of these rules shall be subject to disciplinary action as outlined in Board Policy, contractual agreements, and as outlined in Education Law §3020-a and Civil Service Law §75.
  3. Faculty - Teachers and instructional support staff members play a key role in the maintenance of a positive and orderly school atmosphere in and out of the classroom. They have the responsibility for establishing and maintaining effective and consistent management techniques which involve and motivate students. They also must work closely with students to assure their understanding of the Code of Conduct for the Maintenance of Order on School Property. Staff members found guilty of violating any provisions of these rules shall be subject to disciplinary action as outlined in Board Policy, contractual agreements, and as outlined in Education Law §3020-a.
  4. Parents / Guardians - As primary teachers for their children, parents play a key role in the maintenance of good discipline at Shenendehowa. They are expected to work with and support school staff through awareness, understanding and support of the Code of Conduct for the Maintenance of Order on School Property. "Parent" is defined as a parent, guardian or person in parental relation to the student. Parents are requested to sign in at the office when entering a building. Failure to do so may result in the parent being removed from the building.
  5. Students - The Shenendehowa school district is committed to safeguarding the rights given to all students under state and federal laws and regulations. The Code recognizes that expected behavior and consequences are appropriate to students’ age and developmental level. The goal is for students to gain an understanding of the benefits of proper behavior as well as the consequences of inappropriate behavior. A student who violates any of the provisions shall be subject to the appropriate disciplinary penalty stipulated in the Code that is proportionate to the severity of the misconduct.
  6. Superintendent - The Superintendent or designee (including members of the District Leadership and Support Team) is ultimately responsible for implementation of the district Code of Conduct for the Maintenance of Order on School Property and will serve as hearing officer in those disciplinary issues that cannot be resolved within the limits of the building level (Section 3214 of the Education Law and Penal Law). The Superintendent fulfills a key role in the maintenance of an orderly and positive school environment.
  7. Support Staff - Support staff members (for example, aides, clerical staff, bus drivers, custodians, cleaners, and food service staff members) contribute widely to a positive and orderly environment throughout the District. The overall awareness, understanding and support of the Code of Conduct for the Maintenance of Order on School Property by support staff members, as well as its specific relationship to each of their roles, is crucial to its successful implementation. Staff members found guilty of violating any of these provisions of these rules shall be subject to disciplinary action as outlined in Board Policy, contractual agreements, and as outlined in Civil Service Law §75.
  8. Visitors - Visitors to our schools are expected to exhibit behaviors that support the Code of Conduct for the Maintenance of Order on School Property. Our visitors play a key role in the maintenance of appropriate behavior by modeling behaviors expected of our students. Visitors are required to sign in at the office when entering a building. While on District premises or at school activities, they are subject to the authority of the building principal. Failure to do so may result in the visitor being removed from the building. A visitor who violates any of the provisions of these rules and regulations will not be allowed to remain on school grounds or at a school function and they will be directed to leave the premises. If the violator refuses to leave, he or she will be subject to ejection or arrest.

III. DEFINITIONS

Having a common language and a common understanding of terms is critical to a fair and objective administration of the Code of Conduct. It is the intent to have terms defined concisely enough to ensure ease of understanding, but with sufficient details to connote a high level of seriousness, importance, and applicability to varied circumstances and situations.

A. Alcohol, Tobacco, and Other Substances

Shenendehowa Central School District Comprehensive School Policy concerning Alcohol and Other Substances, School Board Policy No. 7320 "Rules and Regulations Concerning Use of School District Property" states the following:

Smoking is not permitted in any part of the building or school grounds. No alcoholic beverages or illegal drugs may be brought on school property. Further, students under the influence of alcohol, tobacco, or other substances prohibited under this regulation will be dealt with accordingly, which may mean immediate suspension from school or school event, or some other consequence/sanction.

The terms "alcohol, tobacco, and other substances" refer to all substances including, but not limited to, alcohol, tobacco, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, anabolic steroids, look-alikes, and any other substances commonly referred to as "designer drugs." The inappropriate use of prescription and over-the-counter drugs shall be prohibited.

B.  Appropriate Dress 

All district staff members are expected to give proper attention to personal cleanliness and to dress appropriately for school and school functions in clothing which is appropriately professional, safe and does not disrupt, distract or otherwise interfere with the educational process. Further, staff shall model appropriate dress and decorum for students, recognizing the significant role and impression they have on students.

Students are expected to adhere to the following and additional requirements for specific courses or events. The building principal, or his/her designee, shall be responsible for informing all students and their parents of the student dress code, as follows:

    1. Student’s dress, grooming and appearance, jewelry and accoutrements (such as spiked belts, spiked bracelets, spiked choker collars, or long hanging chains), make-up and nails shall be safe and appropriate and shall not disrupt, distract or interfere with the educational process or participation in a school activity/function.
    2. Students shall wear clothing and footwear that is safe and appropriate for school and school-related activities. For Physical Education classes, a sleeved t-shirt that tucks in or a capped, sleeved shirt (no tank tops or spaghetti straps) is required. Shorts or sweats without zippers, buckles or rivets. No cut offs or jeans; a pair of sneakers that are enclosed both front and back and are not platform or wheeled. Footwear (including "heelies") that is a safety hazard will not be allowed.
    3. Students will wear appropriate protective gear where required for instructional activities in certain classes (e.g. Family and Consumer Science, Technology, Science, and Physical Education)
    4. Students will wear appropriate swimwear when in the Aquatic Center. Girls are required to wear one piece suits and may wear a white/light colored t-shirt over the suit. Boys may also wear a white light-colored t-shirt, swim trunks and may not wear cut offs or shorts made of denim or other materials.
    5. Students, only at the discretion of the building administration, may be allowed to wear headwear in school. Headwear for medical or religious purposes is permitted, as long as appropriate documentation or notification is provided.
    6. Students, only at the discretion of the building administration, may wear outside coats inside school buildings during the school day.
    7. Students will ensure that underwear is completely covered with outer clothing. All clothing shall be fastened appropriately.
    8. Students shall not wear garments that are revealing or see-through (including those that expose one’s midriff or otherwise potentially expose private parts of the body, such as tube tops and halters).
    9. For school events (for instance, dances) and athletic practices and contests, appropriate attire must be worn.
    10. Students’ dress shall not include or depict items that are vulgar, obscene, libelous, or denigrate others because of race, color, religion, creed, national origin, gender, sexual orientation, or disability.
    11. Students’ dress/accessories shall not promote and/or endorse sexual activity of any kind, the use of alcohol, tobacco, or illegal drugs and/or encourage illegal or gang-related activities, including violence, depictions of guns, knives, and other weapons.

C. Bullying

The school district is committed to providing its students and staff with an educational and working environment that is safe, secure, promotes respect, dignity, equality and is free from bullying. The School District prohibits bullying on school grounds, school buses, and at all school sponsored activities, programs and events including those taking place off school property.

Bullying for the purpose of this policy is defined as harassment, aggressive behavior or other overt action, whether verbal or physical, which is intended, or could reasonably be expected, to cause distress, harm, ridicule, humiliation and/or intimidation. Bullying can be face-to-face, or carried out by phone, over the internet and other ways directed at another person through the "posting" of sensitive and/or private information.

D. Disruptive Student

For the purpose of this Code of Conduct, a disruptive student is any elementary or secondary student under the age of 21 who is substantially disruptive of the education process or substantially interferes with the teacher’s authority over the classroom. A substantial disruption of the educational process or substantial interference with a staff member’s authority occurs when a student demonstrates a persistent unwillingness to comply with instruction or the respective school activity, or repeatedly violates the rules for behavior.

E. Electronic Devices

Electronic devices are instruments that can be used to transmit images, sound or information from one source to another. Such devices shall not be used during the school day from the time a student enters the school building until dismissed, except when part of classroom instruction or as authorized by the appropriate building administrator.

F. Loitering/Trespassing

Loitering is remaining in or near school buildings and grounds with no reason for being there and with no authority or written permission to remain.

A person is suspected of loitering/trespassing when s/he remains in or about any school building or grounds, buses, or at a school sponsored event; not having any reason or relationship involving custody of, or responsibility for, a student or any other specific legitimate reason for being there and not having written permission from an authorized school official for being there. (Section 240.35 of the State Penal Law)

G. Pool Safety Plan

A plan developed, and maintained to ensure the safety of students and others using the district’s aquatic center.

H. Sexual Harassment

Sexual Harassment includes all unwelcome behavior of a sexual nature which may impose a requirement of sexual cooperation as a condition of academic advancement, or which may have the purpose or effect of creating an intimidating, hostile, or offensive environment. Harassment should be promptly reported to a teacher, other faculty member, principal, nurse or other school district official in order to be properly investigated. If proven guilty, penalties in accordance with Education Law Sect. 3214 and applicable Penal Law shall apply.

Sexual harassment may include, but is not limited to, the following:

  • verbal harassment or abuse
  • pressure for sexual activity or favor
  • repeated unwanted remarks to a person, with sexual or demeaning implications
  • unwelcome touching
  • suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning one's grades, reputation, or general safety and welfare (See Policy 5020.1).

I. Violent Student

There are minimal consequences required by law that the District must set in the cases of violent behavior. Such violations may warrant more than the minimum disciplinary options/consequences.

A student under the age of 21 is considered violent if he/she:

    1. Commits an act of violence upon a school employee, or attempts to do so.
    2. Commits, while on school property or at a school function, an act of violence upon another student or any other person on school property or a school function, or attempts to do so.
    3. Possesses, while on school property or at a school function, a weapon.
    4. Displays, while on school property or at a school function, what appears to be a weapon.
    5. Threatens, while on school property or at a school function, to use a weapon, or what appears to be a weapon.
    6. Intentionally damages or destroys the personal property of any school employee or any person on school property or at a school function.
    7. Intentionally damages or destroys school district property.

J. Weapon

For the purpose of this Code, weapons means a firearm as defined in 18 USC §921 for purpose of the Gun Free Schools Act. Any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of such weapon; any firearm or silencer; or any destructive device (18USC-921, Goals 2000: Educate America Act, Public Law 103-277). For the purpose of this Code of Conduct, a weapon also means any other gun (simulated or real), BB-gun, knife, razor, switch-blade knife, dagger, dirk, stiletto, box cutter, pocket knife, pepper spray or other noxious spray, explosive or incendiary device, ammunition or simulated ammunition, fireworks, or other devices, or any other instrument, material, or substance that can cause physical injury or death when used to cause physical injury or death.

Any bomb threat made in New York State is a felony and will be treated accordingly. The district shall cooperate fully with law enforcement in the investigating and prosecuting of said offenses.

IV. PROHIBITED Conduct

No person, either singly or in concert with others while on school district property, shall:

  1. Cause physical injury to any other person, or threaten to do so for the purpose of compelling or inducing any other person to perform or refrain from performing any act.
  2. Engage in bullying, threats, intimidation and/or extortion of any other person.
  3. Engage in any activity or action that demeans, discriminates, or otherwise violates or imposes upon the legal rights of others.
  4. Substantially disrupts or interferes with, or impedes the ability of other students to engage in the educational process.
  5. Use language or gestures, or engage in actions that are obscene, profane, perverse, overtly sexual, lewd, lascivious, indecent, vulgar or abusive.
  6. Damage or destroy property of the school district or property under its jurisdiction nor remove or use such property without authorization.
  7. Engage in theft of, or damage to, or defacement of any school district property or property of any other person.
  8. Enter into and remain in any building, facility, office or room for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others.
  9. Obstruct the free movement of persons and vehicles in any place to which these rules apply.
  10. Refuse to leave any building or facility after being required to do so by any person responsible for the maintenance of order in a building or facility.
  11. Loiter or trespass in school buildings or on school grounds. (See "f" in Definitions)
  12. Use matches, lighters (or similar devices) on school district property, set fires, tamper with or obstruct any safety measures such as fire extinguishers, alarm systems, posted fire regulations, water sprinklers, or fire doors.
  13. Fail to conform to safety drill procedures, or tamper with any communications, heating, lighting, or power systems.
  14. Intentionally make or conspire to make a bomb threat, raise a false alarm or make a false report of a school closing or cancellation of school events. Any bomb threat made in New York State is a felony and will be treated accordingly. The district shall cooperate fully with law enforcement in the investigating and prosecuting of said offenses.
  15. Disrupt or prevent the peaceful and orderly conduct of classes and meetings, administration, disciplinary procedures or other school District activities or deliberately interfere with the freedom of any person to express his views, including invited speakers. (See "D" in Definitions)
  16. Dress inappropriately. (See "B" in Definitions)
  17. Knowingly have in his/her possession any weapon. (See "I" in Definitions)
  18. Possess, use or distribute alcoholic beverages.
  19. Use drugs or other substances, including prescription drugs, without nurse’s supervision, unless self-medication protocol is followed.
  20. Gamble on school district property.
  21. Violate school District rules and regulations concerning the use of motor vehicles on school District property and school District parking regulations.
  22. Cause disruption on or interfere with the operation of school District buses.
  23. Fail to comply with directions of school District officials acting in the performance of their duties, inclusive but not limited to, safety drills or other emergency protocols.
  24. Incite others to commit any of the acts herein prohibited with specific intent to procure them to do so.
  25. Possess or use tobacco, lighters and other tobacco paraphernalia, in any part of buildings, school grounds, or at school events at other locations. (See "A" in Definitions)
  26. Sexually harass any person. (See Board Policy 5020.1)
  27. Use or display electronic devices such as cell phones, pagers, audio listening devices (See "E" in Definitions) during the school day from the time a student enters the school building until dismissed except as part of classroom instruction or as authorized by building administration.
  28. Engage in prohibited conduct, including and not limited to conduct described above, through use of the internet and /or other electronic devices.

V.  RIGHTS AND RESPONSIBILITIES

The Shenendehowa Central School District is committed to safeguarding the rights given to all students under State and Federal law including First Amendment rights ( see Section X). While students are allowed to exercise said rights and civil liberties; any actions taken must be discussed in advance with the respective building principal so as to ensure that the District promotes a safe, healthy, orderly and civil school environment.

A. Students’ Rights

  1. Learn in circumstances which permit healthy, intellectual, emotional, physical and moral development.
  2. Receive a free, sound, basic education and take part in all District activities without discrimination on the basis of race, color, creed, religion, national origin, political affiliation, sex, sexual orientation, age, marital status, military status or disability.
  3. Receive an education appropriate for his or her individual needs.
  4. Obtain an education which respects culture, race, socioeconomic background and the language of their home.
  5. Attend schools and educational programs that are effective.
  6. Participate in educational programs that prepare students for jobs, for college, for responsible family life and for citizenship in a self-governing society.
  7. Have available resources needed to secure their educational rights.
  8. Pursue their education without fear.
  9. Receive an education which involves responsibilities as well as rights.

Source: The Regents Bill of Rights for Children: An Education Charter for the Decade of the Child.

B. Student Responsibilities

Students are responsible for:

  1. Taking responsibility for their own learning.
  2. Their own behavior.
  3. Being respectful of all adults and the values and views of other students.
  4. Being prepared for classes, for attending school each day, and being ready to learn.
  5. Being positive members of the school community with regard to themselves, others and property.

Students are expected to:

  1. Behave in a way which will promote a safe and productive educational environment for all.
  2. Finish all their work and tasks to the best of their ability.
  3. Listen to and follow the directions of their teachers and other school personnel.
  4. Accept responsibility for their actions.

C. Positive Alternatives

At Shenendehowa, student discipline is more than a policy with consequences for behaviors. It's a commitment to a philosophy and a series of programs designed to meet the needs of students and promote a positive school climate. Positive alternatives include but are not limited to:

  1. Parent Conferences, Teacher Conferences
  2. Conflict Resolution Programs - Peer Mediations, Student Training
  3. Intervention Counselors, School Counselors, Social Workers
  4. Time-out Areas
  5. Parenting Programs-STEP (Short-term Education Program), Active Parenting, How to Talk So Kids Will Listen
  6. Student Incentive Programs - Honor Passes, Students of the Month
  7. Staff Development - Cooperative Discipline, Catch Them Being Good
  8. Before/After-school Programs
  9. Prevention Programs: DARE (Drug Abuse Resistance Education), Peer Leadership, SADD (Students Against Destructive Decisions)
  10. Alternative Education-BOCES (Board of Cooperative Educational Services)
  11. Student Activities - Sport Teams, Clubs, Dances, Intramurals
  12. Mentoring Students
  13. Student Involvement in Decision Making
  14. Community Based Programming, e.g. CAPTAIN, Boy Scouts, Girl Scouts
  15. Community Service Projects
  16. Changing Families
  17. Exploring Youth Challenge, Advanced Youth Challenge

VI. EXPECTATIONS

Students, employees, and visitors who violate the Code will be subject to disciplinary action. District officials may use a range of responses to student misconduct. Before disciplining a student, District officials may issue a warning, conduct a parent conference, enter into a student behavior contract, or provide counseling or mediation.

The fundamental objective shall be the modification of behavior in order to promote and foster academic success and maintain a school environment that is conducive to teaching and learning.

A. Elementary Students (Grades K-5)

1. Coming to school and going home, a student is expected to:

a. Keep a safe distance from the bus and all other vehicles.
b. Walk on sidewalks or as close to the edge of the road as possible, out of the way of traffic.
c. Walk to and from the bus.
d. Follow the bus rules and regulations.

2. In school, a student is expected to:

a. Walk in the halls in an orderly fashion.
b. Walk in the halls keeping lunch boxes, pencils, etc. away from walls.
c. Stay in the classroom until excused or dismissed.
d. Use good language in all places including in school, on the playground and on the bus.
e. Respect the rights of others by being quiet and polite in the hallways.
f. Take care not to damage or destroy school property such as desks, chairs, walls, books, computers, electronic devices, etc.
g. Respect the rights and feelings of others, both adults and children.
h. Learn and comply with safety and behavior rules when in the Aquatic Center and/or using the pool.
i. Follow the rules and direction of the teacher and other adults who are in charge.
j. Use special care when handling equipment in art, music, library, computer lab and physical education classes.
k. Dress appropriately for school and school functions. (See Definitions)

3. In school, during assemblies, going out for recess, attending field trips, special events, or emergency situations, a student is expected to:
a. Sit where directed.
b. Leave the assembly only with permission from an adult.
c. Watch and listen politely to the performance and speakers.
d. Clap politely to show appreciation.
e. Leave the assembly in an orderly manner following the directions of the adults in charge.

4. In school, during lunch, a student is expected to:
a. Use good table manners and practice proper eating habits.
b. Never throw food or any objects.
c. Talk quietly during lunch.
d. Listen to directions and obey adults who are supervising.
e. Clean up after eating and dispose of trash and recycle before leaving the cafeteria.
5. On the playground, a student is expected to:
a. Play only in designated areas under adult supervision.
b. Leave the playground only with permission.
c. Play only safe games.
d. Use playground equipment safely and carefully.
e. Report injuries to the playground supervisor.
f. Keep hands off others when at play.
g. Use appropriate language.
h. Respect others' feelings.
i. Show good sportsmanship.
j. Remember to collect belongings.

B. Middle School Students (Grades 6-8)

1. Coming to school and going home, a student is expected to:

a. Keep a safe distance from the bus and all other vehicles.
b. Walk on sidewalks or as close to the edge of the road as possible, out of the way of traffic.
c. Enter and leave the building in an orderly fashion.
d. Be on time to school.
e. Follow the bus rules and regulations.

2. In school, a student is expected to:

a. Walk the halls in an orderly fashion.
b. Be in homeroom and classes on time.
c. Use the lockers only at the designated times and to treat them with respect.
d. Use appropriate language and gestures that are not profane, lewd, vulgar, or abusive.
e. Keep his/her hands to themselves.
f. Respect the rights and feelings of others.
g. Follow the directions of the faculty and staff.
h. Learn and comply with safety and behavior rules when in the Aquatic Center and/or using the pool.
i. Show respect for all school property including textbooks and classroom materials and equipment, including computers and other electronic devices.
j. Respect personal space and physical proximity hence avoiding public displays of affection.
k. Dress appropriately for school and school functions. (See Definitions)

3. In school, during lunch, a student is expected to:

a. Give full cooperation to the supervising staff.
b. Remain seated except when purchasing food, throwing out garbage, or returning the tray.
c. Never throw food or any objects.
d. Speak in a tone and voice that is not loud or disruptive.
e. Clean the table and make certain trash is properly disposed and appropriate recycling is complete.
f. Follow school established procedures when leaving the cafeteria before dismissal.

4. When attending field trips, special events, emergency situations and assemblies, a student should:

a. Give full cooperation to supervising staff.
b. Represent Shenendehowa when participating or attending school sponsored events with the highest standard of conduct, demeanor, and sportsmanship.

C. High School Students (Grades 9-12)

Students are expected to:
a. Be respectful to fellow students, school employees and all school property.
b. Follow the bus rules and regulations, as well as rules granted under driving / parking privileges.
c. Be in school unless legally excused.
d. Be in homeroom and classes on time.
e. Attend all classes as scheduled.
f. Leave the building only with prior approval.
g. Have a signed pass when in the academic halls while classes are in session.
h. Learn and comply with safety and behavior rules when in the Aquatic Center and/or using the pool.
i. Be in authorized areas only.
j. Be familiar with all district and building rules pertaining to student conduct.
k. Represent Shenendehowa when participating or attending school sponsored events with the highest standards of conduct, demeanor, and sportsmanship.
l. Speak in a tone and voice that is not loud and disruptive.
m. Respect personal space and physical proximity, avoiding public displays of affection.
n. Dress appropriately for school and school functions. (See Definitions)

VII. DISCIPLINARY INFRACTIONS, PROCEDURES, CONSEQUENCES, PROCESSES

A. Introduction

The following sections describe, in detail, possible infractions, disciplinary procedures, disciplinary options and consequences, beginning with lower level and ending with those of the most serious nature. When possible, discipline should be used as an educational opportunity to improve, encourage and modify future behavior. In all cases, those staff members charged with maintaining order at school and other sites at which student activities take place, are expected to carry out complete investigations and administer the Code as consistently and equitably as possible taking into consideration:

  • The student’s age, level of understanding and previous disciplinary history.

  • The nature of the specific incident, and mitigating circumstances, particularly whether or not an action was deliberate or accidental.

Elementary School Students (Grades K–5)

The school is a special kind of place where children and adults work together in an atmosphere of mutual respect. Each group must be aware of the rights and responsibilities of the other. The school provides an environment where children can nurture positive relationships with each other and with adults in order to form a set of behaviors that will serve them well in the world outside of school.

Middle School Students (Grades 6-8)

The ultimate goal of education is to ensure that each and every student becomes effective in a democracy. When students develop and accept the responsibilities and obligations of good citizenship, they will be able to successfully participate in the world of tomorrow. The middle schools emphasize and value the traits of respect and responsibility. It is believed that those students who master the concepts of showing respect for self, others, and property will be successful not only at this level of education, but in high school and beyond.

High School (Grades 9–12)

For students, high school is not only a time of academic challenge, but a time of balancing the need for increased independence and choices with a continued need for structure and support. As the final opportunity for students to prepare for post secondary experiences as responsible individuals, the Code of Conduct for the Maintenance of Order on School Property for students provides for individual discretion, while holding students responsible for their actions. To obtain this end, high school students must work cooperatively with all adults in the building and actively contribute to promoting mutual respect between all members of the high school community.

LEVELS OF INFRACTIONS, PROCEDURES, CONSEQUENCES, PROCESSES


B. LEVEL 1
Level 1 Infractions
Listed below are examples, but not all inclusive, of Level 1 Infractions.

1. Teasing/Name Calling
2. Running/horseplay in the halls or pool deck
3. Loud or inappropriate language or gestures
4. Statements or actions, written, verbal or electronic, that disrupt the educational process
5. Tardiness
6. Failure to comply with dress code
7. Minor disruptive behavior in school, class, pool, playground or bus
8. Recurring failure to be prepared with class materials, supplies
9. Careless, unauthorized use of, loss of or damage to school property and facilities
10. Unauthorized use of electronic devices, or misuse of computers per Acceptable Use Policy 7317
11. Interfering with the behavior of others
12. Abuse of hall or bathroom privileges in unauthorized area without permission
13. Misuse of parking privileges (HS)
14. Littering

Level 1 Disciplinary Procedures

1. Supervising staff member or observer immediately intervenes and informs student of the infraction.
2. The incident may be documented on a student referral form which is sent to the principal’s office, for certain infractions.
3. In cases of repetitive behavior, the staff member shall communicate to the teacher and/or administrator.
4. Principal and/or designee provides the parent with a written notification of the infraction and applicable consequence.
5. Parent shall be provided with an opportunity for an informal conference to discuss the infraction(s), consequences, and possible interventions to prevent such future student conduct.
6. The student and incident may be referred to Instructional Support Team (IST).
7. Referring staff informed of the action taken.
8. The principal, or his/her designee, maintains a record of the offense and disciplinary action.

Level 1 Disciplinary Options / Consequences

A disciplinary penalty is appropriate as long as it is proportionate to the severity of the misconduct for which it is being imposed. In addition, a harsher penalty may not be arbitrarily imposed merely because the student does not cooperate with the District’s investigation of an incident and/or does not admit guilt. In no instance shall a student be externally suspended for a Level I infraction.

1. Verbal warning – immediate adult counsel or reprimand
2. Written warning, documentation of behavior
3. Written apology
4. Parental notification
5. Informal conference with parent
6. Temporary loss or restriction of privileges
7. Confiscation/securing of electronic devices
8. Payment for theft or damage
9. Cleaning up
10. Peer mediation
11. School - community service (with consent of parent)
12. Seat change in classroom or on bus
13. Behavioral contract or probation
14. Referral to Instructional Support Team or school counselor/psychologist
15. Detention
16. Teacher assigned detention
17. Temporary removal from class – Time Out

C. LEVEL 2
Level 2 Infractions
Listed below are examples, but not all inclusive, of Level 2 Infractions.

1. Repeated Level 1 infractions
2. Threat or harassment/intimidation/bullying (including through electronic means)
3. Inappropriate physical engagement, interaction or altercation
4. Chronic misbehavior in school, on grounds or buses
5. Repeated disruption of the educational process or substantial interference with the teacher’s authority over the classroom
6. Blatant disrespectful or insubordinate behavior towards District personnel- defiance, refusal to follow directions
7. Cheating, plagiarism, copyright infringement
8. Repeated cutting of classes
9. Cutting detention
10. Forgery
11. Gambling
12. Driving infractions on school premises
13. Obscene/vulgar language or gestures
14. Throwing or propelling objects that result in physical injury.
15. Smoking or use of tobacco products on school grounds or at school functions (regardless of where such event or activity takes place)
16. *Truancy

Level 2 Disciplinary Procedures

1. The staff member shall write up a student referral form and report the infraction.
2. Principal or principal’s designee shall meet with the student to determine the most appropriate disciplinary consequence.
3. The parent will be notified and may request a conference.
4. In cases of teacher removal of a student (for up to three days) from class please refer to and strictly comply with steps outlined in the section ¬¬entitled: STUDENT DISCIPLINARY PROCESSES - Teacher Removal of Disruptive Pupils.
5. In cases of short-term suspension (5 days or less), strictly comply with the steps outlined in the section ¬¬entitled: STUDENT DISCIPLINARY PROCESSES - Suspension from School.
6. In cases of suspension of transportation or other privileges, please refer to and strictly comply with the steps outlined in the section ¬¬entitled: STUDENT DISCIPLINARY PROCESSES - Suspension of Privileges.
7. Child Protective Services may be contacted and report filed.
8. The student and incident may be referred to Instructional Support Team (IST).
9. Referring staff informed of the action taken.
10. The principal, or his/her designee, maintains a record of the offense and disciplinary action.

Level 2 Disciplinary Options / Consequences

A disciplinary penalty is appropriate as long as it is proportionate to the severity of the misconduct for which it is being imposed. In addition, a harsher penalty may not be arbitrarily imposed merely because the student does not cooperate with the district’s investigation of an incident and/or does not admit guilt. External suspension of an elementary student (grades K-5) should be the rare exception. Other consequence options should be considered, tried, and/or exhausted prior to resorting to external suspension.

1. Continuation of more stringent Level 1 options
2. Parental notification/conference
3. Mandatory Supervised Study (MSS)
4. Detention
5. Assignment to supervised study hall
6. School – community service
7. Suspension from parking privileges
8. Suspension from other privileges
9. Suspension from participating in athletic events
10. Suspension from social or extracurricular activities
11. Suspension of school bus privileges
12. Teacher removal from a particular class for up to three days
13. Suspension from school not in excess of five (5) days
14. Referral to Instructional Support Team (IST) or school counselor/psychologist
15. Peer mediation
16. Child Protective Services may be contacted and a report made
17. Referral to Saratoga County Probation/Family Court

*Student may not be suspended from school for truancy, as such penalty is inconsistent with the educational goal of encouraging children to regularly attend and participate fully in school.*

D. LEVEL 3

Level 3 Infractions
Listed below are examples, but not all inclusive, of Level 3 Infractions.

1. Continuation of Level 2 Infractions
2. Extortion
3. Fighting and causing injury
4. Harassment based on personal characteristics such as sex, race, religion, or sexual orientation
5. Reckless driving on school premises
6. Selling, possessing, using or being under the influence of alcohol or illegal substances on school property or at school functions
7. Stealing
8. Trespassing or unauthorized entry or use of school facilities
9. Vandalism or destruction of personal property or school property
10. Displaying what appears to be a weapon, while on school property
11. Threatening to use a weapon, while on school property

Level 3 Disciplinary Procedures

1. The staff member shall write up a student referral form and report the infraction to the principal or principal’s designee.
2. The principal or principal’s designee shall meet with the student to determine the most appropriate disciplinary consequence.
3. The parent will be notified immediately and a conference will be held prior to penalty.
4. In cases of teacher removal of a student (for up to three days) from class please refer to and strictly comply with steps outlined in the section ¬¬entitled: STUDENT DISCIPLINARY PROCESSES - Teacher Removal of Disruptive Pupils.
5. In cases of short-term suspension (5 days or less), please refer to and strictly comply with the steps outlined in the section ¬¬entitled: STUDENT DISCIPLINARY PROCESSES - Short-term Suspension from School.
6. In cases of suspension of transportation or other privileges, please refer to and strictly comply with the steps outlined in the section ¬¬entitled: STUDENT DISCIPLINARY PROCESSES- Suspension of Privileges.
7. Child Protective Services may be contacted and report filed.
8. If criminal activity, police will be contacted.
9. In severe cases, a Superintendent’s hearing may be held.
10. The student and incident may be referred to Instructional Support Team (IST).
11. Referring staff informed of the action taken.
12. The principal, or his/her designee, maintains a record of the offense and disciplinary action.

Level 3 Disciplinary Options / Consequences

A disciplinary penalty is appropriate as long as it is proportionate to the severity of the misconduct for which it is being imposed. In addition, a harsher penalty may not arbitrarily be imposed merely because the student does not cooperate with the district’s investigation of an incident and/or does not admit guilt.

All of the stated infractions, or infractions of similar degree, shall result in a one-day minimum suspension from school, up to a maximum of five days prior to a referral to a Superintendent’s hearing

1. Continuation of more stringent Level 2 options
2. Parental notification/conference
3. Suspension from social/extracurricular activities
4. Peer mediation
5. Restitution
6. Suspension of school bus or parking privileges
7. Loss of privileges to participate in school or extracurricular activities
8. Teacher removal from class for up to three days
9. Short-term suspension (five days or less)
10. Referral to Instructional Support Team (IST) or school counselor/psychologist
11. Child Protective Services report filed, referral to Saratoga County Probation/Family Court
12. Filing of a PINS Petition (Person In Need of Supervision)
13. Police contacted and report filed
14. Referral to Superintendent’s office for hearing

E. LEVEL 4
Level 4 Infractions
Listed below are examples, but not all inclusive, of Level 4 Infractions.

1. Repeated Level 3 infractions
2. Possession of firearm or weapon at school, on school grounds or at school function *
3. Assault with intent to or that causes physical injury
4. Bomb threat
5. Tampering with or creating a false fire alarm
6. Arson
7. Committing an act of violence upon a school employee

All of the stated infractions, or infractions of similar degree, shall result in a five-day minimum suspension from school and referral for a Superintendent’s Hearing.

Level 4 Disciplinary Procedures

1. The staff member shall write up a student referral form and report the infraction.
2. Principal or principal’s designee shall meet with the student to determine the most appropriate disciplinary consequence.
3. The parent will be notified immediately and a conference will be held prior to penalty.
4. In these severe cases, a Superintendent’s hearing shall be held.
5. In these cases of long-term suspension (in excess of 5 days), please refer to and strictly comply with the steps outlined in the section ¬¬entitled: STUDENT DISCIPLINARY PROCESSES - Long-term Suspension from School.
6. Child Protective Services may be contacted and report filed.
7. If criminal activity, police will be contacted.
8. The student and incident may be referred to Instructional Support Team (IST).
9. Referring staff informed of the action taken.
10. The principal, or his/her designee, maintains a record of the offense and disciplinary action, and the designated hearing officer maintains a record of the hearing minutes.
Level 4 Disciplinary Options / Consequences
A disciplinary penalty is appropriate as long as it is proportionate to the severity of the misconduct for which it is being imposed. In addition, a harsher penalty may not be arbitrarily imposed merely because the student does not cooperate with the district’s investigation of an incident and/or does not admit guilt.

 All of the stated infractions, or infractions of similar degree, shall result in a five-day minimum suspension from school and referral to a Superintendent’s Hearing.

1. Continuation of more stringent Level 3 options
2. Parent Conference
3. Referral to Superintendent’s office for hearing
4. Police contacted and report filed
5. Restitution
6. Referral to Instructional Support Team (IST) or school counselor/psychologist
7. Child Protective Services report filed
8. Filing of a PINS Petition (Person In Need of Supervision)


*Pursuant to federal and state law, students deemed to have brought or possessed a firearm at school, or brought a weapon (exceptions are noted in Gun Free Schools Act) - to school, must be suspended for a minimum period of one calendar year, subject to modification on a case-by-case basis by the school superintendent (20 USC Sec. 715 (b)(1); Education Law 3214 (d)(3).

F. OTHER STUDENT DISCIPLINARY PROCESSES

1. Teacher Removal of Student from Classroom

• A teacher may remove a student who repeatedly is disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom from class for up to three days.
• The teacher shall inform the principal or the principal’s designee of the reasons for the removal.
• The teacher must provide the student with an explanation of the basis for the removal.
• The student shall be allowed to informally present the student’s version of the relevant facts to the teacher prior to the removal from the classroom.
• In cases where the teacher finds the student’s conduct to not only be substantially disruptive, but the student’s presence poses a continuing danger to persons or property or represents an on-going threat of disruption of the academic process; the teacher has 24 hours from the student’s removal to provide the student the requisite explanation of the basis of removal, and provide the informal opportunity for the student to be heard.
• When a student of any age is removed from class by a teacher, immediate steps must be taken to provide alternative means of instruction for the student. Alternative instruction does not have to match every aspect of the instructional program the student received prior to the removal from the classroom.
• The principal or principal’s designee must inform the student’s parent(s) of the removal and the reasons therefore within 24 hours of the removal and, on request, give the student and the student’s parents an opportunity for an informal conference to discuss the removal.
• If the student denies the charge, the principal or principal’s designee must provide for an informal hearing within 48 hours of the removal for the student and student’s parent(s) to present the student’s version.
• The principal or the principal’s designee may set aside the teacher’s disciplinary action upon a finding that the charges against the student are unsupported by substantial evidence, or that the removal constitutes a violation of law; or the conduct warrants suspension from school and a suspension will be imposed. Said determination must be made by the close of the day after the 48-hour period for an informal hearing.
• A student removed from the classroom by the teacher can return to the classroom only after the principal or the principal’s designee determines whether or not to set aside the removal, or the period of removal expires, whichever is less.

2. Short-term Suspension (five days or less)

• In all cases of suspension of a student from school, the parent must be contacted and informed of the suspension prior to the imposing of the consequence.
• Written notice must be delivered by personal messenger, express mail, or an “equivalent means reasonably calculated to assure receipt” within 24 hours of the decision to propose suspension.
• Where possible, notification also must be provided by telephone. Leaving a voice message could lend to the violation of student’s privacy and should not occur.
• Verbal or oral communication with the parent(s) regarding a suspension is not a substitute for the required written notification that must be given prior to the actual suspension.
• Notification by regular mail following oral notification by phone the same day does not constitute sufficient notice; neither does notice sent by registered mail return receipt requested.
• Further, the notice must be in the parent’s dominant language or mode of communication.
• The only exception for giving written notice prior to the suspension is when the student’s presence is a continuing danger to person or property or an ongoing threat of disruption of the academic process.
• A short-term student suspension letter issued by the school (or district office in cases of long-term suspensions) prior to the suspension, must provide the parent sufficient explanation of the infraction and the applicable consequence, and inform the parent that he/she may request an opportunity to hold an informal conference (short-suspensions) and question complaining witnesses.
• The parent must have the opportunity to participate in such a conference prior to the suspension.
• The informal conference with the parent(s) must be conducted by the principal and not by another administrator since the statute is explicit that any informal conference must be “with the principal.”
• Both the Education Law and the Commissioner’s Regulations require that the principal and the complaining witnesses be present when requested by the parents.
• It is insufficient merely to provide an opportunity to speak to the principal without the complaining witnesses present, or an opportunity to speak to the complaining witnesses without the principal present.
• Where student or faculty witnesses are available, they should be present at the conference when requested by the parents of the student who is accused and faces suspension. Even if no student witnesses are available, the parents should have an opportunity to question District employee witnesses who have first-hand knowledge. If the opportunity is not afforded to a parent, the student suspension may be annulled and expunged from the student’s record.
• The only exception for giving written notice prior to the suspension is when the student’s presence is a continuing danger to person or property or an ongoing threat of disruption of the academic process.
• When a student of any age is suspended from school, immediate steps must be taken to provide alternative means of instruction for the student. Such alternative instruction must begin within one or two days of suspension.
• Alternative instruction does not have to match every aspect of the instructional program the student received prior to the removal from the classroom.
• A suspension may be carried over to the following school year when misconduct occurs at the end of the school year and the suspension can be meaningfully implemented only at the beginning of the following school year.

3. Long-term Suspension (in excess of five days)

• A student disciplinary hearing is an administrative proceeding conducted in accordance with Section 3214 of the Education Law to determine whether a student is guilty of misconduct that warrants a long-term suspension from school.
• The student and the parent must have an opportunity for a hearing on reasonable notice.
• The notice for a hearing must be reasonable, allowing the student to prepare and present an adequate defense. A single day is insufficient, but a 3-day notice is deemed sufficient (Commissioner’s decisions).
• At such hearing the student has a right to bring a parent, to be represented by an attorney, as well as the right to testify and present witnesses and other evidence on their own behalf, or to cross-examine witnesses against them.
• The burden of proof rests with the school district. The student is entitled to a presumption of innocence until proven otherwise.
• If the District is forced to postpone a hearing and the initial short-term suspension period has expired, the student must be allowed to return to school in the interim, unless the student’s parents have consented to the delay.
• Students who are suspended more than five days without a hearing and parental consent may request an order of the commissioner of education directing reinstatement pending a hearing and determination of charges.
• Students, together with their parents, may elect to either proceed to a hearing, or waive their right and accept the district’s proposed long-term suspension. Any such waiver must be in writing, and it must be clear that the student and parent understand all the rights being waived and the consequences of waiving those rights.
• A parent’s failure to request a hearing cannot be interpreted as a waiver of rights to a hearing.
• A hearing officer is appointed by the superintendent of schools to conduct student disciplinary hearings.
• The hearing officer’s report is advisory only, and the superintendent may accept or reject all or any part of it.
• Students may appeal a long-term suspension to the school board of education, and thereafter to the commissioner of education.
• When a student of any age is suspended from school, immediate steps must be taken to provide alternative means of instruction for the student. Such alternative instruction must begin within one or two days of suspension.
• Alternative instruction does not have to match every aspect of the instructional program the student received prior to the removal from the classroom.

4. Mandatory Supervised Study (MSS)

• Mandatory Supervised Study (MSS) can be imposed by someone other than the principal.
• Although not subject to a formal process, the parents must be provided with the opportunity for an informal conference with the individual who imposed the suspension to discuss the student’s misconduct and the penalty involved.
• Mandatory Supervised Study (MSS) shall not prevent, prohibit, or otherwise impede a student’s access to appropriate instruction. Student shall receive substantially equivalent, alternative instruction.

5. Suspension from Privileges (Transportation, Social Functions, Extra-Curricular Activities and other privileges)

A. Suspension from Transportation

• Suspension from transportation services does not require a full, formal hearing as required Mandatory Supervised Study (MSS) cases.
• A suspension from transportation, in and of itself, does not affect a student’s right to attend school.
• A parent may request, has the right and should be afforded an opportunity to informally discuss the facts underlying the suspension with the principal, his/her designee, the director of transportation or his/her designee
• The district must be reasonably certain that the student being suspended was involved in the misconduct supporting the suspension.
• Where suspending a student from school transportation amounts to a suspension from school attendance because of the distance between home and school and the unavailability of an alternative public or private means of transportation, the district must make “appropriate arrangements” to provide for the student’s education.

B. Suspension from Social Functions, Special Recognitions* or Extra-curricular Activities (Please see Policy 5310 B: Student Activity Code of Conduct)
• Suspension from social functions, special recognitions or extra-curricular activities does not require a full, formal hearing as required Mandatory Supervised Study (MSS) cases.
• A suspension from social functions or extra-curricular activities, in and of itself, does not affect a student’s right to attend school.
• A parent may request, has the right and should be afforded an opportunity to informally discuss the facts underlying the suspension with the principal, his/her designee, the director of transportation or his/her designee.

* Special recognitions include, but are not limited to honors, scholarships and other accolades at which the student represents the school or district as an example to others.

VIII. DISCIPLINE PROCESS FOR STUDENTS WITH DISABILITES


(Refer to Shenendehowa Board of Education Policy 7314, 7315)

Students with disabilities are expected to follow the code of conduct at Shenendehowa. However, if a student with a disability violates the school code of conduct and is being considered for a suspension or removal that constitutes a disciplinary change of placement (i.e. removal for more than 10 consecutive days or a series of removals that in the aggregate total more than 10 school days) a manifestation determination must be conducted.

The parent must receive written notification before any manifestation team meeting to ensure that the parent has an opportunity to attend. The notification must inform the parent of:

• The purpose of the meeting
• The names of the individuals expected to attend
• His or her right to have relevant members of the Committee on Special Education participate at the parent’s request.

The manifestation team must review all relevant information in the student’s file including:

• The student’s Individual Educational Plan
• Any teacher observations
• Any relevant information provided by the parents

Upon review of the above information, the manifestation team must determine:

• If the conduct in question was caused by or had a direct and substantial relationship to the student’s disability
• If the conduct in question was the direct result of the school’s failure to implement the Individual Educational Plan

If the manifestation team determines that the conduct was caused by or had a direct and substantial relationship to the student’s disability or the conduct in question was the direct result of the school district’s failure to implement the Individual Educational Plan:

• The Committee on Special Education must conduct a functional behavioral assessment and implement a behavioral intervention plan for the student; and
• Except for removals for drugs, weapons or serious bodily injury pursuant to section 201.7 of the Regulations of the Commissioner, the student must be returned to the placement from which the student was removed, unless the parent and the school district agree to a change of placement as part of the modification of the behavioral intervention plan.

A student with a disability may be removed from class to an interim alternative educational setting (IAES) for illegal drugs, controlled substances, weapons and serious bodily injury for up to 45 schooldays regardless of the manifestation determination.

• A student with a disability who has been suspended or removed for a period of 10 consecutive school days (or a series of removals that in the aggregate total more than 10 school days) in a school year, must be provided with educational services in an interim alternative educational setting (IAES), as determined by the Committee on Special Education, that enables the student to:

• Continue to participate in the general education curriculum and;
• Progress toward meeting the goals set out in the student’s Individual Educational Plan
• 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.

If a parent requests an impartial hearing or an appeal regarding the change in placement for his or her child to an interim alternative educational setting or the manifestation determination, the student must remain in his or her interim alternative educational setting pending the decision of the independent hearing officer or until expiration of the time period of the removal, whichever occurs first, unless the parents and the school district agree otherwise.

If the manifestation team determines that the specific behavior has no relation to the disability, the standard school discipline code will be followed.

IX. DISCIPLINE PROCEDURES FOR STUDENTS USING TRANSPORTATION


A. EXPECTATIONS FOR STUDENTS USING SCHOOL TRANSPORTATION
 The Safety of all students is our primary concern. Each student has an individual responsibility to help ensure the safety of all students on the bus by following the rules. All of the prohibited behaviors described in the Code of Conduct for the Maintenance of Order on School Property apply to the privilege of riding school buses (and charter buses) to and from school and school activities.

Coming to school, going home, and riding buses for extracurricular events or field trips a student is expected to:
1. Behave in an orderly manner at the bus stop/bus port.
2. Wait for the driver's hand signal or direction, look both ways if crossing a road, then cross the road.
3. Enter and leave the bus in an orderly fashion.
4. Stay in seat, facing forward, in own space.
5. For student health and safety reasons there is no eating or drinking on the bus.
6. Refrain from throwing or shooting anything on the bus.
7. Keep head and hands inside the bus.
8. Keep track of belongings and check seat before leaving the bus.
9. Respect the property of others including the bus.
10. Refrain from using language or gestures that are profane, lewd, vulgar or abusive.
11. Refrain from any actions or activities that may distract the driver
12. Follow all instructions from the bus driver or other school personnel on the bus.

To ensure safety, students may not bring animals or large objects, including skis, large musical instruments and skateboards on the bus. (Please see Student Transportation Handbook)


B. LEVELS OF INFRACTIONS, PROCEDURES, AND CONSEQUENCES

 1. Level I Infractions
Listed below are examples but not all inclusive, of Level 1 infractions:
Any misbehavior that represents a minor infraction of the established procedure is considered a Level I misbehavior. The frequency of occurrence shall also determine the appropriate disciplinary response and the reclassification at a higher level.

Level I Examples of Infractions:
a. Loud or inappropriate language
b. Eating or drinking on bus
c. Leaving garbage/mess on the bus
d. Teasing/name calling
e. Standing or changing seats while bus is in motion

2. Level I Procedures
a. The bus driver, principal/associate/assistant principal, principal’s aide, bus attendant, Director of Transportation or his designee investigates and intervenes where appropriate, and provides a warning to the student.
b. Referral for Misbehavior:
i. The student is immediately brought to the school principal, associate or assistant principal.
ii. In cases of repetitive misbehavior, the bus driver will complete a Bus Referral form and submit it to transportation office. The completed form will be sent to the student's school.
iii. A student will be seen by an appropriate building staff member as determined by the principal and, if determined, assigned an appropriate disciplinary consequence.
iv. A copy of the written referral will be sent home to parents.


3. Level I Disciplinary Options/Consequences:
a. Document behavior
b. Assigned seating
c. Parent notification
d. Detention following three infractions and following any additional infractions beyond the initial three
e. Talk with student - immediate adult counsel
f. School Community Service - (including bus cleaning)

4. Level II infractions
Any misbehavior whose frequency or seriousness tends to diminish the driver's authority or if continued would pose a threat to safety of student(s) and driver shall be treated as a Level II infraction. Level II infractions include repeated Level I infractions.

Level II Examples of Infractions:
Listed below are examples, but not all inclusive, of Level 2 infractions:
a. Using obscene language
b. Bullying
c. Running or standing in the aisle while bus is in motion
d. Throwing objects
e. Smoking or using tobacco product on a school bus
f. Refusal to follow bus driver's or bus attendant’s directions
g. Minor damage/vandalism (e.g. writing on seat)
h. Blocking the aisle when others are coming on or leaving the bus
i. Climbing over bus seats

5. Level II Procedures

a. Referral for Misbehavior
i. The bus driver or bus attendant asks student to immediately stop the identified misbehavior.
ii. The bus driver or bus attendant will complete a Bus Referral form and submit it to the transportation office. The completed form will be sent to the student's school.
iii. Building administrator meets with student and determines appropriate disciplinary consequence.
iv. Parent is notified (a conference can be scheduled).

6. Level II Disciplinary Options/Consequences:
a. Parent conference
b. Restitution
c. Continuation of more stringent Level I options
d. Temporary withdrawal of bus privileges

7. Level III Infractions
Any misbehavior whose consequences may pose a threat to the health and safety of the student, other students, or the bus driver is considered a Level III infraction.
Listed below are examples, but not all inclusive, of Level 3 infractions:
Level III Examples of Infractions:
a. Repeated Level I and/or Level II infractions
b. Serious vandalism (e.g. cutting seats)
c. Fighting on the bus or at bus stop
d. Opening emergency exits
e. Possession of a weapon
f. Drug/alcohol possession/sale of
g. Throwing an object at the driver or bus attendant or at the driver area
h. Harassment
i. Disrespectful behavior toward driver including profanity, gestures, and not following the driver’s directions

 8. Level III Procedures
a. Referral for Misbehavior
i. Bus driver or bus attendant requests student to immediately stop the identified behavior.
ii. The bus driver or bus attendant will complete a Bus Referral form and submit it to the transportation office.
iii. Transportation Director sends report to building and contacts building administrator.
iv. Building administrator meets with student to determine disciplinary action.
v. Parent is notified immediately and conference requested.
vi. Transportation Director or building administrator notifies police, if criminal activity.

9. Level III Disciplinary Options/Consequences:
a. Continuation of more stringent Level II options
b. Parent conference
c. Temporary or permanent withdrawal of bus privileges
d. Suspension from school (In-school or out)
e. Police report filed
f. Referral to Superintendent's office

 

X.  Student Privacy RIGHTS


A. Student Privacy Pursuant to Policy 7330

Each student is entitled to the right of personal privacy and is protected by Constitutional guarantees; however, each student’s right of privacy is necessarily limited by the School’s need to protect its educational climate from disruption by the presence of weapons, drugs, or other dangerous or prohibited items. A student may be searched and contraband seized on school grounds or in a school building by a School District employee only when the School District employee has reasonable suspicion to believe the student is engaging in proscribed activity which is in violation of school rules and/or illegal. School officials have no obligation to give students Miranda-type warnings prior to questioning them while investigating school-related misconduct or a breach of school security.

1. Lockers & Desks – Students may expect privacy from other students regarding their lockers, desks, or other storage areas. However, under the law, lockers and desks remain in the possession and control of the school when they are made available for student use and are subject to searches by school authorities at any time without warning. Students may use lockers and desks for the limited purpose of temporarily keeping items needed for instructional and school activities, and other permissible activities in school. Lockers and desks will be checked from time to time, without prior notice by the school to student or parents, to ensure that they are not being used for any unauthorized purposes.

The principal may set aside a time period during which all students will clean their lockers and desks, remove all prohibited items, and return any overdue library books.

Prohibited items found in lockers will be removed and held for the students for a reasonable period of time, except for prohibited items that will be released to the student’s parents. Stolen property will be returned (unless turned over to police as evidence) to its owner, and illegal or dangerous items will be held for police.

2. Searches of Students– School authorities search students and/or their belongings where reasonable suspicion of a violation of the Code of Conduct or a violation of the law exists. Searches shall be conducted by authorized school personnel, and may be in the presence of law enforcement representatives. A search beyond outer clothing will be conducted only by a school administrator of the same gender as the student and in the presence of another school district employee or law enforcement representative who is also of the same gender. In all instances the parent or guardian shall be informed as to the reason(s) for the search, and allowed to be present if practical to do so.

3. Vehicle Searches - Search may be conducted of vehicles parked on school grounds when there is reasonable suspicion of a violation of the Code of Conduct or a violation of law.

4. Searches Using Canine Units - Administration may authorize canine searches by law enforcement personnel without advance notice or warning to students or school personnel.

5. Investigation Interviews – If there is reasonable suspicion of a student committing a crime on school property or at a school event, parents will be informed that the student will be questioned by the school principal or his/her designee and possibly by law enforcement.

If police are involved in the questioning of students on school premises, whether or not at the request of school authorities, it will be in accordance with applicable law and due process rights afforded students. Within the framework of legal rights, students have a citizen’s responsibility to cooperate with law enforcement authorities. A police agency assisting with the investigation of a crime at school may be involved with the interviews of possible witnesses. The parents of said witnesses will be advised of their child(ren)’s cooperation and interaction with the police agency.

B. Due Process

Before the District imposes discipline, students are entitled to due process. In every case, the District must inform the student of the misconduct and investigate the facts surrounding the misconduct. The District must allow all students to present their version of the facts. Beyond this, the level of due process ranges from parental notification and informal conferences to a formal hearing pursuant to Education Law §3214.

C. Referrals in the Case of a Possible Crime

The principal must notify the Superintendent of any code violations that constitute a crime and substantially affect the security of the school. The Superintendent, in turn, will notify local law enforcement.

XI.  FIRST AMENDMENT RIGHTS

The First Amendment in the Bill of Rights of the United States Constitution provides in part that Congress will make no law prohibiting the free exercise of religion, freedom of speech, the right of people to assemble peaceably, and the right to petition the government for a redress of grievances.

While students are afforded the opportunity to exercise said rights, the building principal must be provided advanced notice of any potential acts or actions in order to appropriately allow said rights but yet preserving a positive learning environment.

The School District has the right to establish reasonable regulations for the exercise of these rights by its students so as to ensure and preserve a safe, orderly environment that is not disruptive to the educational process. Some of the specific rights that students have under this amendment and the conditions under which they may exercise these rights are as follows:

1. Student Speech – Although the First Amendment to the U.S. Constitution guarantees freedom of speech to all Americans, that does not permit students to interfere with the orderly conduct of classes, to force others to participate in a particular method of expression, or to violate the rights of those who disagree with their viewpoint.

Therefore, student speech may be subject to disciplinary action or restriction if it:
a. Is slanderous, hateful in nature, discriminating, spoken maliciously and/or without regard to the truth
b. Clearly and immediately urges others to damage property or physically harm others
c. Materially or substantially interferes with the normal operation of the school

2. Literature Distribution, Surveys and Petitions – Although students have certain rights regarding speech, any distribution of literature including questionnaires, surveys and petitions on school grounds shall only be with the prior authorization of the Superintendent/designee. School authorities may regulate the distribution of literature on school grounds for the purpose of avoiding material and substantial interference with the educational operation of the school. Flyers or other materials that totally consist of advertising or intent to promote a business or business transaction may not be handed out on school property or advertised using school e-mail or website unless associated with a school approved fund raising activity.

3. Patriotic Ceremonies - The State of New York requires that the Pledge of Allegiance be recited while saluting the flag each day in the schools. Students have the right to refrain from either the pledge or the salute. In doing so, they have the responsibility to respect the rights and interests of classmates who wish to participate. Students who choose not to participate may stand or remain seated quietly while the ceremony is in process. They do not need to obtain permission of their parents to exercise this right.

4. Buttons, Arm Bands, and Other Symbols - Students have a right to wear or display buttons, arm bands, flags, decals or other badges symbolic of personal expression, as long as the manner of expression does not significantly intrude on the orderly process of the school or the rights of others. Such symbols of expression must not contain obscene, lewd, vulgar, discriminatory, libelous material or material that advocates violence or prejudice on the basis of a protected classification as defined by the District Policy on Dress Code.

5. Religious Activities - The District shall make all attempts and take the necessary steps to avoid violations of the Establishment clause, avoiding both perceived and actual endorsement of religion. Students have the right to individually observe whatever religious beliefs they wish, free of any pressure from schools or classmates. High school students, only during non-instructional times, may use school facilities to meet and openly pray or conduct Bible study activities. Since all students have this right, everyone must be conscious of and respect the sensitivities of others in this regard. School personnel may attend such meetings only as monitors, not as advisors or participants. Said meetings may not interfere materially or substantially with the orderly conduct of school activities.

Religious indoctrination is inappropriate in the public schools and is not supported by the Board. The use of religious readings for historical, literary and cultural references that are required elements of a course is permitted. Similarly, religious music, as a part of a secular program or concert, is permitted provided it is educational or cultural and not for religious purposes and on a voluntary basis.

Under certain circumstances, students may be released during regular school hours to receive religious instruction upon written request from the parent or guardian. The instruction cannot be provided at the school. Such programs must be completely voluntary, and the education of the students remaining in school may not be disrupted. Students also have the right to be excused from certain parts of the health and hygiene courses if the curriculum conflicts with their established religious beliefs. For more information about these matters, please see the Principal.

School Newspaper and Student Publications - Newspaper staff members, contributors, or editors and students have a responsibility to observe the rules for responsible journalism and, in particular, to refrain from libel and obscenity. The school has the right to halt the distribution of materials that would materially and substantially interrupt the educational process or intrude upon the rights of others.

Students may take photographs, and make audio/visual recordings with prior permission of the Principal or adult supervisor in charge of activity or classroom for news or documentary purposes as long as they do not materially and substantially interrupt the educative process or intrude upon the rights of others. Students who are not members of the newspaper staff may have their work submitted and considered for publication in the school newspaper, particularly in those instances where non-editorial staff opinions differ from those of the editor.

APPENDIX I - Profile of a Shenendehowa Elementary School Student

…defining WHAT our students must learn

Students learn best…when given a variety of ways to demonstrate achievement.

Responsible Children...Who take care of themselves – both body and mind and take care of others, including family members, friends and others in need.

Essential skills—Students who…

  • Treat others as they would like to be treated; respect the opinions and rights of others

  • Respect themselves by dressing and presenting themselves appropriately, avoiding drugs, alcohol and other dangerous behaviors

  • Make good choices

  • Develop a good character by practicing such things as respect, honesty, responsibility and caring for others

Lifelong Learners...Who understand, love and seek to learn.

Most important skills—Students who…

  • Set goals and work to achieve them

  • Try new things

  • Know when to ask for help by realizing there is a problem and looking for a solution

  • Ask questions

  • Identify and follow their interests

  • Are willing to change and able to accept change

  • Enjoy learning

Thinkers...Who examine issues and find ways to solve problems

Basic skills—Students who…

  • Use good judgment by thinking before acting and speaking

  • Communicate information in an accurate and understandable manner

  • Defend and explain their decisions

  • Demonstrate creative thinking

Involved Students...Who demonstrate the knowledge, skills, attitudes and values necessary to contribute positively to their community.

Essential skills—Students who…

  • Accept and respect others

  • Are the best they can be in all settings

  • Accept responsibility for their own actions

  • Volunteer for activities and events

Clear Communicators...Who understand and express knowledge, thoughts and feelings about themselves and others.

Essential skills—Students who…

  • Read, write, speak and listen when interacting in school, at home and in the community

  • Use a variety of ways to express their ideas

  • Demonstrate effective presentation skills

Cooperative Learners...Who work with others to accomplish goals and tasks; who work and play together respectfully.

Essential skills—Students who…

  • Make appropriate choices in a variety of situations

  • Respect others, ourselves and the world

  • Find good ways to avoid or solve problems

  • Celebrate and respect the differences among fellow students

  • Respect differences among people in the larger community

  • Take an active role in group activities

Culturally Appreciative Persons...Who value and respect creative expression of interests, talents and experiences.

Essential Skills—Students who…

  • Are open-minded and willing to try (take a risk)

  • Develop awareness of many cultures/peoples

  • Enjoy art, plays, and music inside and outside the classroom

  • Learn about, understand and appreciate different forms of art

Mathematically, Scientifically and Technologically Competent People...Who will learn to use their knowledge of math, science and technology to help solve problems both inside and outside the classroom.

Essential Skills—Students who…

  • Use knowledge, skills, tools and materials to express themselves and solve problems

  • Use problem solving strategies

Students learn best…when their success is recognized

APPENDIX II – Profile of a Shenendehowa Middle School Student

…defining WHAT our students must learn

Students learn best…when given a variety of ways to demonstrate achievement.

Responsible Individuals...Who demonstrate respect for themselves through physical/mental health and for others through caring family/community/career relationships.

Essential skills—Students who…

  • Treat others as they would like to be treated; respect the opinions and rights of others

  • Respect themselves by dressing and presenting themselves appropriately, avoiding drugs, alcohol and other risky behaviors

  • Make positive choices and recognize that all actions have consequences.  “The decisions you make today will affect your tomorrow”

  • Demonstrate appropriate behavior by practicing qualities of good character (trustworthiness, caring, reliability and honesty) in and out of school

  • Establish priorities

Self-directed Lifelong Learners...Who understand, appreciate and pursue learning.

Essential skills—Students who…

  • Set appropriate goals and work to achieve them

  • Try new things

  • Know when to ask for help by realizing there is a problem and looking for a solution

  • Ask questions

  • Identify and follow their interests

  • Are flexible, open to change and able to accept change

  • Enjoy learning

Critical Thinkers...Who analyze issues and options to resolve a variety of situations

Essential skills—Students who…

  • Exercise judgment by thinking before acting and speaking

  • Communicate information in an accurate and understandable manner

  • Defend and explain their decisions in a variety of settings

  • Demonstrate creative thinking

Involved Citizens...Who demonstrate the knowledge, skills, attitudes and values necessary to contribute positively to a larger community.

Essential skills—Students who…

  • Accept and respect others

  • Are the best they can be in all settings

  • Accept responsibility for their own actions

  • Seek opportunities to get involved

Effective Communicators...Who understand and express knowledge, thoughts, feelings and how they look at things in a variety of ways.

Essential skills—Students who…

  • Read, write, speak and listen in school, at home and in the community

  • Use a variety of ways to express their ideas

  • Demonstrate effective presentation skills

  • Effectively read, write, speak and listen when interacting with others

Cooperative Participants...Who interact with others to accomplish goals and tasks while respecting other people’s ideas.

Essential skills—Students who…

  • Adapt their approach to different situations

  • Respect others, are actively involved socially and academically

  • Demonstrate a cooperative attitude when working with others

  • Use conflict resolution, peer mediation

  • Present themselves appropriately to fit the setting

  • Take an active role in group activities

Culturally Appreciative Persons...Who value and respect creative expression of interests, talents and experiences.

Essential Skills—Students who…

  • Are open-minded and willing to try (take a risk)

  • Continually develop cultural awareness

  • Expose themselves to a wide variety of artistic and cultural experiences inside and outside the classroom

  • Respect the differences among peers

  • Respect differences among peers and people in the larger community

Mathematically, Scientifically and Technologically Competent People...Who will use their knowledge of math, science and technology to help solve problems both inside and outside the classroom.

Essential Skills—Students who…

  • Use math, science and technology knowledge and skills inside and outside the classroom

  • Explore opportunities to share MST knowledge with others to contribute to overall learning

  • Continue to develop MST knowledge and skills to meet the demands of the future

Students learn best…when their success is recognized

 

APPENDIX III – Profile of a Shenendehowa Graduate

…defining WHAT our students must learn

Students learn best…when given a variety of ways to demonstrate achievement.

Responsible Individuals...Who demonstrate respect for themselves through physical/mental health and for others through caring family/community/career relationships.

Essential skills—Students who…

  • Establish priorities

  • Recognize the importance of work and leisure activities

  • Respect the opinions and rights of others

  • Understand the effects of consequences of substance abuse

  • Possess life skills necessary to effectively function in society (e.g. parenting skills, personal finance management, marketwise consumer)

  • Demonstrate appropriate behavior and understand consequences of inappropriate behavior of oneself and others

  • Practice qualities of good character such as trustworthiness, caring, reliability and honesty

Self-directed Lifelong Learners...Who understand, appreciate and pursue learning.

Essential skills—Students who…

  • Set appropriate goals and work to achieve them

  • Identify problems, seek solutions

  • Exercise an inquisitive nature

  • Explore and pursue personal and career options as necessary

  • Recognize, evaluate and respond to change

Critical Thinkers...Who anticipate, identify and evaluate issues and use multiple resources to solve problems in a variety of contexts.

Essential skills—Students who…

  • Exercise judgment

  • Understand the necessity of making informed decisions

  • Conduct research, process information and derive conclusions

  • Defend and explain decisions in a variety of settings

  • Access, analyze synthesize and communicate information in a logical manner

  • Demonstrate creativity

Involved Citizens...Who demonstrate the knowledge, skills, attitudes and values necessary for full participation on a democratic society that is part of a global community.

Essential skills—Students who…

  • Understand that we live in a diverse society

  • Respect the rights of others and accept diversity

  • Accept responsibility for own actions

  • Contribute to the quality of life in local, state, national and global communities

Effective Communicators...Who comprehend and express knowledge, thoughts, feelings and perceptions in a variety of ways.

Essential skills—Students who…

  • Read, write, speak and listen in public, personal and career settings

  • Utilize a variety of media including visual and graphic tools

  • Demonstrate effective presentation skills

  • Effectively use interpersonal and interactive skills

Cooperative Participants...Who in group efforts accomplish goals and tasks while appreciating individual contributions.

Essential skills—Students who…

  • Assume a variety of roles in collaborative endeavors

  • Demonstrate effective interpersonal skills

  • Use conflict resolution skills

  • Maintain personal integrity

Culturally Appreciative Persons...Who value arts and humanities in their diverse forms, and who respect creative expression of interests, talents and experiences.

Essential Skills—Students who…

  • Exhibit curiosity toward cultural development within groups and societies

  • Recognize the role the arts play in contributing to the quality of life

  • Explore artistic and intellectual accomplishments by various individuals, groups and societies

Mathematically, Scientifically and Technologically Competent People...Who apply the skills and strategies of mathematics, science and technology to all tasks and problems, both personal and professional.

Essential Skills—Students who…

  • Use knowledge, skills, tools and materials to express themselves and solve problems

  • Learn new systems and adapt old ones to new purposes

Students learn best…when their success is recognized.