Disciplinary Procedures

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

 In order to be effective in changing student behavior, necessary disciplinary action will be firm, fair and consistent.  Restorative practices will be utilized as appropriate.

 In determining the appropriate disciplinary action, school personnel authorized to impose disciplinary penalties will consider the following: 

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

 As a rule, discipline will be progressive. This means that a student’s first violation will usually merit a lighter penalty than subsequent violations. 

**If the conduct of a student is related to a disability, the student shall be referred to the Committee on Special Education and discipline, if warranted, shall be administered consistent with the separate requirements of this code of conduct for disciplining students with a disability. A student identified as having a disability shall not be disciplined for behavior related to his/her disability.** 

Level 1 Level 2 Level 3 Level 4
Description Minor misbehavior that impedes orderly classroom procedures or interferes with orderly operations of school. Classroom teachers will usually handle this kind of misconduct, as they are the first line of authority in dealing with classroom related misconduct.  Misbehavior whose frequency or seriousness tends to disrupt the learning climate of the school. Misbehavior that are more serious than those identified in Level 2, whose frequency or seriousness 

tends to disrupt the learning climate of the school

Misbehavior that endangers the health, safety, and welfare of others. Misconduct that cannot be tolerated under any circumstances.
Possible Consequences Verbal reprimand, counseling, withdrawal of privileges, restorative conference, detention with teacher, parental contact, administrative referral Behavior modification, detention(s), restorative conference, withdrawal of privileges, ALA(s), out-of-school-suspension(s), parent Conference Parent conference, restorative conference,  removal from class, ALA(s), out-of-school-suspension(s), police notification
Behaviors Tardy: late to class / school (designated by the bell)

Cutting Detention: did not attend assigned detention

Cutting Class: did not attend assigned class

Disorderly Conduct

Conduct that disturbs the peace, morals, or safety of the school.

Electronic Device Violation:  use of cellphones, headphones, etc. at inappropriate times/locations.

Computer Use Violation: Any violation of the established COMPUTER AND NETWORK ACCEPTABLE USE POLICY 

Disrespectful Behavior: Any behavior that disrupts the learning environment, inappropriate, rude, unpleasant, disturbing or offensive.

Fighting: displaying or engaging in violence, combat, or aggression.

Plagiarism / Cheating Taking someone else’s work or ideas and passing them off as one’s own. This would include claiming any AI generated works as their own.

Computer Use Violation Any violation of the established COMPUTER AND NETWORK ACCEPTABLE USE POLICY 

Truancy / Elopement Student is missing/ staying away from school grounds without good reason; absenteeism. If a student has been in the school but left the grounds during the day they are Truant.

Disorderly Conduct

Conduct that disturbs the peace, morals, or safety of the school.

Sex Offenses: 

Sexual intercourse, sexual contact or conduct intended to result in sexual gratification without force or threat of force and where the victim is capable of giving consent. This category does not include mooning, kissing, swearing or profanity.

Assault – Physical Injury: Any intentional physical act that causes another person to believe/results in harmful or offensive contact. This includes horseplay.The victim does not need to prove fear, only that they were aware that such a contact might occur

Intimidation, Harassment, Menacing, or Bullying (see definition below)

Cyberbullying

Harassment or bullying (of students and/or staff) as defined above, where such harassment or bullying occurs through any form of electronic communication.  

False Alarm

Knowingly making a false statement

Fighting

displaying or engaging in violence, combat, or aggression.

Truancy / Elopement

Students missing/ staying away from school grounds without good reason; absenteeism. If a student has been in the school but left the grounds during the day they are Truant.

Disorderly Conduct

Conduct that disturbs the peace, morals, or safety of the school.

Sexual Offense: Any act committed by a person 10 years of age or older which would constitute a felony under Article 130 of the Penal Law, taking into consideration the developmental capacity of the person to form the intent to commit such act, and where the school has referred the person to the police for the act reported.  This includes with or without physical contact when the victim has not given consent.

Disorderly Conduct

Conduct that disturbs the peace, morals, or safety of the school.

Intimidation, Harassment, Menacing, or Bullying 

A single verified incident or a series of related verified incidents where a student is subjected to harassment, bullying, and/or discrimination by a student and/or employee on school property or at a school function.  In addition, such term shall include a verified incident or series of related incidents of harassment or bullying that occur off school property, as defined in Commissioner’s regulation §100.2(kk)(1)(viii). Such conduct shall include, but is not limited to, threats, intimidation or abuse based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex. Commissioner’s regulation 100.2(kk)(1)(viii) provides that harassment or bullying means the creation of a hostile environment by conduct or by threats, intimidation or abuse that either: (a) has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional and/or physical well-being, including conduct, threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause emotional harm; or (b) reasonably causes or would reasonably be expected to cause physical injury to a student or to cause a student to fear for his or her physical safety. Such definition shall include acts of harassment or bullying that occur on school property, at a school function, or off school property where such act creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. For the purposes of this definition the term “threats, intimidation or abuse” shall include verbal and non-verbal actions.

Bullying is defined as a form of unwanted, aggressive behavior that involves a real or perceived power imbalance and that is repeated, or has the potential to be repeated, over time. Please note the following “elements of bullying” do not solely determine whether an incident is material.

Imbalance of power: An imbalance of power involves the use of physical strength, popularity, or access to embarrassing information to hurt or control another person.

Repetition: Bullying typically repeated, occurring more than once or having the potential to occur more than once. 

Intent to Harm: The person bullying has the goal to cause harm. Bullying is not accidental.

Discrimination is not specifically defined in the Dignity Act. However, it would include any form of discrimination against students prohibited by state or federal law such as, for example, the denial of equal treatment, admission, and/or access to programs, facilities, and services based on the person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity), or sex. It should be noted that Educational Law §3201 and 3201-a prohibit discrimination in the form of denial of admission into or exclusion from any public school on the basis of race, creed, color, national origin, and sex.

Cyberbullying: is defined as harassment or bullying that occurs through any form of electronic communication, (Ed. Law §11[8]) including, but not limited to, cell phones, computers, and tablets, or other communication tools, including social media sites, text messages,  chat rooms, and websites.

➢ Students who are found to have violated the district’s code of conduct may be subject to the following penalties, either alone or in combination with one another. The school personnel identified after each penalty are authorized to impose that penalty, consistent with the student’s right to due process. 

  1. Verbal warning: any member of the district staff. 
  2. Written notification to parent / guardian:  any member of the district staff. 
  3. Accountability Projects: teachers, assistant principal, principal, and superintendent. 
  4. Detention: teachers, assistant principal, principal, and superintendent. 
  5. Structured Day / Modified Schedule: assistant principal, principal, and superintendent. 
  6. Removal from transportation: assistant principal, principal, and superintendent.
  7. Elimination from athletic participation: assistant principal, principal, and superintendent 
  8. Removal from social or extracurricular activities: principal, and superintendent 
  9. Removal of other privileges: assistant principal, principal, and superintendent 
  10. Alternative Learning Area: assistant principal, principal, and superintendent. 
  11. Removal from classroom by teacher: teachers, assistant principal, principal, and superintendent. 
  12. Short-term (five days or less) suspension from school:  assistant principal, principal, superintendent, and board of education. 
  13. Long-term (more than five days) suspension from school: superintendent and board of education. 
  14. Permanent suspension from school: superintendent and board of education. 

PROCEDURES 

 The amount of due process a student is entitled to before a penalty is imposed will depend on the type of penalty being imposed. In all cases, regardless of the penalty, the school personnel authorized to impose the penalty must let the student know what misconduct the student is alleged to have committed, and must investigate the facts surrounding the alleged misconduct. All students will have an opportunity to present their version of the facts to the school personnel imposing the disciplinary penalty in connection with the imposition of the penalty. 

DETENTION – AFTER SCHOOL 

 Parents will receive notification when a student is assigned after-school detention. 

 Students must report to detention on time – detention begins at 3:05PM and ends at 4:00PM. Any difficulties or changes must be cleared with the assistant principal or principal before the scheduled detention. 

 Students must come to detention prepared to work the full time. An atmosphere of academic study will be maintained at all times. (NO PHONES / Electronic Devices)

 Students will report to the appropriate room for detention. 

 If a student is absent on a day of an assigned detention, the detention will automatically be made up the next day detention is held. 

 Unexcused absences from detention will result in ALA. 

ALTERNATIVE LEARNING AREA (ALA) PROGRAM 

 The ALA Program is a concept of school discipline that requires a student to be accountable for his/her behavior. This concept requires the student to examine the behavior that caused the offense and choose an acceptable alternative behavior to use in the same or similar situation. The alternative behaviors are expressed in a written plan of action that is completed when a student is referred to the ALA Room.

 If a student is absent on any of the day(s) assigned, the student still has to make up the time before being allowed to return to class. 

 A student assigned to ALA must report to the ALA room during homeroom 

 Students must report to ALA with all books and supplies 

 There will be no talking or cell phone use.

 A student must complete work assignments provided 

 Students will not be allowed to sleep 

 Students will turn cell phones in to the room supervisor

SUSPENSION: OUTOF-SCHOOL 

 When a student is suspended from school the parent or guardian of the student will be notified by telephone and in writing. A parent conference may be required before a suspended student returns to regular classes. Parents are entitled to a conference anytime a student is suspended. Requests should be made to the building principal. 

 The suspended student must be released after administration communicates the suspension with the parent/ guardian.

 A student suspended out-of-school is not permitted on school property or at an event unless attending tutoring sessions. Suspended students are not permitted to participate in or attend any school-sponsored activities until the suspension has been lifted or expired. If the suspended student comes on school property during the suspension period, the student will be declared trespassing and immediate, appropriate action will be taken. 

**A Superintendent’s Hearing may be convened to consider further disciplinary action.** 

TEACHER REMOVAL OF STUDENTS 

 A disruptive student can affect a teacher’s ability to teach and can make it difficult for other students in the classroom to learn. In many instances, the classroom teacher can control disruptive student behavior by using good management techniques. Occasionally, however, it may be necessary for a teacher to remove a disruptive student from the classroom to ensure that the other students continue to learn.

  A classroom teacher may remove a student from class for up to two days if the teacher determines that the student is disruptive. The removal from class applies to the class of the removing teacher only. 

The teacher must complete a Student Conduct Form and meet with the principal as soon as possible, but no later than the end of the school day, to explain the circumstances of the removal and to present the referral forms. If the Principal is not available by the end of the same school day, the teacher must leave the form with the secretary and meet with the principal before the beginning of classes on the next school day.

  Within one school day after the student’s removal, the Principal or another district administrator designated by the Principal must notify the student’s parent, in writing, that the student has been removed from class and why. The notice must also inform the parent that he or she has the right, upon request, to meet informally with the Principal or the Principal’s designee to discuss the reasons for the removal. The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice at the last known address for the parent, by the day after the student’s removal. Where possible notice should also be provided by telephone if the school has been provided with a telephone number for contacting parents. 

 If the parent requests an informal conference, the Principal or Principal’s designee and the teacher who ordered the removal will attend. If at the informal meeting the student denies the charges, the Principal or the Principal’s designee must explain why the student was removed and give the student and the student’s parents a chance to present the student’s version of the relevant events. The informal meeting must be held within two school days of the student’s removal. The timing of the informal meeting may be extended by mutual agreement of the parent, teacher and principal. 

The Principal or the Principal’s designee may overturn the removal of the student from class if the Principal finds any one of the following: 

  1. The charges against the student are not supported by substantial evidence.
  2. The student’s removal is otherwise in violation of law. 
  3. The conduct warrants suspension from school pursuant to Education Law 3214. 

 The Principal or his or her designee must make a determination as to whether to overturn the removal before the close of business on the day after the day of the informal hearing. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the Principal makes a final determination, or the period of removal expires, whichever is less. At the teacher’s discretion, he or she may rescind the removal before the expiration of the full period of removal. 

Any disruptive student removed from the classroom by the classroom teacher shall be offered continued educational programming and activities until he or she is permitted to return to the classroom. 

Each teacher must keep a complete log (on a district provided form) for all cases of removal of students from his/her class. 

 Removal of a student with a disability may under certain circumstances, constitute a change in the student’s placement. Accordingly, no teacher may remove a student with a disability from his or her class until he or she has verified with the Principal or the chairperson of the Committee in Special Education that the removal will not violate the student’s rights under state or federal law or regulation. 

Nothing in this section of the code of conduct abridges the customary right or responsibility of a Principal to suspend a student. Further, nothing in this code abridges the customary right and responsibility of a teacher to manage student behavior in the classroom. Short-term, time-honored classroom management techniques such as “time out” in an administrator’s office, is not considered removal from class. The removal process should not become a substitute for good classroom management.