3410/7100 – Code of Conduct, Part 1
I. Introduction
The Board of Education (“board”) is committed to providing a safe and orderly school environment where students may receive and district personnel may deliver quality educational services without disruption or interference. Responsible behavior by students, teachers, other district personnel, parents and other visitors is essential to achieving this goal.
The district has a long-standing set of expectations for conduct on school property and at school functions. These expectations are based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty, and integrity.
The board recognizes the need to clearly define these expectations for acceptable conduct on school property, to identify the possible consequences of unacceptable conduct, and to ensure that discipline when necessary is administered promptly and fairly. To this end, the board adopts this code of conduct (“code”).
Unless otherwise indicated, this code applies to all students, school personnel, parents and other visitors when on school property or attending a school function.
II. Definitions
“Disruptive Student” means an elementary or secondary student under the age of 21 who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom.
“Disability” shall mean:
- a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques; or
- a record of such an impairment; or
- a condition regarded by others as such an impairment.
- In all provisions of this article dealing with employment, the term must be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held.
“Discrimination” is the act against any student, by employees or students, parents or visitors on school property, or at a school function, that creates a hostile environment by conduct, with or without physical contact and/or by verbal threats, intimidation or abuse of such a severe nature that:
- 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; or
- Reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety.
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; provided nothing in this subdivision shall be construed to prohibit a denial of admission into, or exclusion from, a course of instruction based on a persons’ gender that would be permissible under Education Law sections 3201-a or 2854(2)(a) and Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), or to prohibit, as discrimination based on disability, actions that would be permissible under Section 504 of the Rehabilitation Act of 1973.
“Employee” shall mean any person receiving compensation from a school district or employee of a contracted service provider or worker placed within the school under a public assistance employment program, pursuant to title 9-B of Article 5 of the Social Services Law, and consistent with the provisions of such title for the provision of services to the district, its students or employees, directly or through contract, whereby such services performed by such person involve direct student contact.
“Gender” shall mean actual or perceived sex and shall include a person’s gender identity or expression.
“Harassment” Includes the creation of a hostile environment by conduct or verbal threats, intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being; or conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety. The harassing behavior (including verbal threats, intimidation or abuse) may be based on any characteristic, including but not limited to a person’s actual or perceived:
- Race;
- Color;
- Weight;
- National Origin;
- Ethnic Group;
- Religion;
- Religious Practice;
- Age;
- Disability;
- Sex;
- Sexual Orientation; or
- Gender (including gender identity and expression)
“Intimidation” means to make a student feel timid, fearful, frighten or to compel or deter by the use of threats.
“Parent” means parent, guardian or person in parental relation to the student.
“School Property” means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of the Broadalbin-Perth CSD, or in or on a school bus.
“School Bus” means every motor vehicle owned by the Broadalbin-Perth Central School District or private charter company and operated for the transportation of pupils, children of pupils, teachers, and other persons acting in a supervisory capacity, or to/from school activities; or, privately owned and operated for compensation for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities.
“School Function” means a school-sponsored extra-curricular event or activity.
“Sexual Orientation” means actual or perceived heterosexuality, homosexuality, or bisexuality.
“Violent Student” means a student under the age of 21 whom:
- Commits an act of violence upon a teacher, administrator, or other school employee; or who while on school property does so upon another student or any other person lawfully there;
- while on school property possesses a gun, knife, explosive, or incendiary bomb, or other dangerous instrument capable of causing physical injury or death or displays;
- threatens to use any instrument that appears capable of causing physical injury or death; or knowingly and intentionally damages or destroys district property or the personal property of a teacher, administrator, other school district employee or any person lawfully on school property.
“Weapons” means a firearm as defined in 18 USC S921 for purposes of the Gun-Free Schools Act. It also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger, dirk, razor, stiletto, switchblade, knife, gravity knife, brass knuckles, sling shot, metal knuckle knife, box cutter, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper spray or other noxious spray, explosive or incendiary bomb, or other device, instrument, material or substance that can cause physical injury or death when used to cause physical injury or death.
III. Student Rights and Responsibilities
Students Rights
The district is committed to safeguarding the rights given to all students under state and federal law. In addition, to promote a safe, healthy, orderly and civil school environment, all district students have the right to:
- Take part in all district activities on an equal basis regardless of race, color, creed, national origin, religion, gender or sexual orientation or disability.
- Present their version of the relevant events to school personnel authorized to impose a disciplinary penalty in connection with the imposition of the penalty.
- Access school rules and, when necessary, receive an explanation of those rules from school personnel.
- To be protected from intimidation, harassment or discrimination based on actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, sex, gender, including gender identity, sexual orientation or disability, by employees or students on school property or at a school sponsored event, function or activity.
Student Responsibilities
All district students have the responsibility to:
- Contribute to maintaining a safe and orderly school environment that is conducive to learning and to show respect to other persons and to property.
- Be familiar with and abide by all district policies, rules and regulations dealing with student conduct.
- Attend school every day unless they are legally excused and be in class, on time, and prepared to learn.
- Work to the best of their ability in all academic and extracurricular pursuits and strive toward their highest level of achievement possible.
- Follow direction given by teachers, administrators and other school personnel in a respectful, positive manner.
- Work to develop mechanisms to control their anger.
- Ask questions when they do not understand.
- Seek help in solving problems that might lead to discipline
- Dress appropriately for school and school functions.
- Accept responsibility for their actions.
- Conduct themselves as representatives of the District when participating in or attending school-sponsored extracurricular events and to hold themselves to the highest standards of conduct, demeanor and sportsmanship.
- To respect one another and treat each other fairly and civilly in accordance with the District Code of Conduct and provisions of the Dignity for All Students Act, including the responsibility to conduct themselves in a manner that fosters an environment free from intimidation, harassment or discrimination.
IV. Essential Partners
The Board of Education recognizes the essential roles of all members of the school community, including parents, students, administrators and principals, teachers, guidance counselors, support staff and other school personnel in promoting a positive, healthy and harassment free environment. Collaboration is essential in promoting and fostering a school environment that promotes tolerance, respect and dignity for all persons within the school community. School administrators, teachers, staff and other school personnel are charged with providing an age appropriate and timely response to discourage and respond to incidents of discrimination and/or harassment on school property or at a school function.
Parents
All parents are expected to:
- Recognize that the education of their child is a joint responsibility of the parents and the school community.
- Send their children to school ready to participate and learn.
- Ensure their children attend school regularly and on time.
- Ensure absences are excused.
- Insist their children be dressed and groomed in a manner consistent with the student dress code.
- Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly environment.
- Know school rules and help their children understand them.
- Convey to their children a supportive attitude toward education and the district.
- Build good relationships with teachers, other parents and their children’s friends.
- Help their children deal effectively with peer pressure.
- Inform school officials of changes in the home situation that may affect student conduct or performance.
- Provide a place for study and ensure homework assignments are completed.
- Attend the informal conference if their child has been removed from class for being disruptive to the educational process.
- Teach their children respect and dignity for themselves and for other students, regardless of actual or perceived race, color, weight, national origin, ethnic group, religion or religious practice, disability, sexual orientation, gender or gender identity or sex, which will strengthen their child’s confidence and help promote learning in accordance with the Dignity for All Students Act.
Non-Instructional Staff
All district non-instructional staff are expected to:
- Contribute to the educational process and student achievement.
- Build good relationships with administration, teachers, parents and children.
- Assist in maintaining a climate of mutual respect and dignity throughout the district.
- Know school policies and rules and assist in enforcing them in a fair and consistent manner.
Interscholastic Coaches and Extra-Curricular Advisors
All district interscholastic coaches and Extra-Curricular Advisors are expected to:
- Build good relationships with administration, teachers, parents and children.
- Create a practice/game environment that is conducive to learning.
- Know school policies and rules and assist in enforcing them in a fair and consistent manner.
- Confront issues of discrimination and harassment or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function.
- Address personal biases that may prevent equal treatment of all student-athletes or extra-curricular activity participants in the school or classroom setting;
- Report incidents of discrimination and harassment that are witnessed or otherwise brought to a coach’s or extra-curricular activity director’s attention to the building administrator and/or Dignity Act Coordinator (DAC) in a timely manner.
- Maintain a climate of mutual respect and dignity, which will serve to strengthen the athlete/participant’s self-concept and promote confidence.
- Demonstrate an interest in teaching and a concern for the athlete/participant’s achievement.
- Maintain regular communication with all athletes, participants, parents, and administrators. Communicate the following to parents athletes and participants:
- Team/activity rules and requirements
- Academic policies
- Expectations of the athlete or participant
- Team/activity discipline and consequences for team/activity rules infractions
- Practice and game expectations
- Coaching and team philosophies
Teachers
All district teachers are expected to:
- Maintain a climate of mutual respect and dignity, which will strengthen students’ self-concept and promote confidence to learn.
- Be prepared to teach.
- Demonstrate interest in teaching and concern for student achievement.
- Know school policies and rules, and enforce them in a fair and consistent manner.
- Communicate to students and parents:
- Course objectives and requirements
- Marking/grading procedures
- Assignment deadlines
- Expectations for students
- Classroom discipline plan
- Communicate regularly with students, parents and other teachers concerning growth and achievement.
- Confront issues of discrimination and harassment or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function.
- Address personal biases that may prevent equal treatment of all students in the school or classroom setting.
- Report incidents of discrimination and harassment that are witnessed or otherwise brought to a teacher’s attention to the building administrator and/or Dignity Act Coordinator in a timely manner.
School Counselors
All district school counselors are expected to:
- Assist students in coping with peer pressure and emerging personal, social and emotional problems.
- Initiate teacher/student/counselor conferences and parent/teacher/student/counselor conferences, as necessary, as a way to resolve problems.
- Regularly review with students their educational progress and career plans.
- Provide information to assist students with career planning.
- Encourage students to benefit from the curriculum and extracurricular programs.
- Maintain and encourage a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender and gender identity or sex, with an understanding of appropriate appearance, language and behavior in a school setting, which will strengthen students’ self-image and promote confidence to learn.
- Report incidents of discrimination and harassment that are witnessed or otherwise brought to a counselor’s attention to the building administrator and/or Dignity Act Coordinator (DAC) in a timely manner.
Social Workers
All district social workers are expected to:
- Assist students in coping with peer pressure and emerging personal, social and emotional problems.
- Initiate teacher/student/counselor conferences and parent/teacher/student/counselor conferences, as necessary, as a way to resolve problems, including attendance issues.
- Encourage students to benefit from the curriculum and extracurricular programs.
- Work collaboratively with outside agencies to assist in solving family issues.
- Maintain and encourage a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender and gender identity or sex, with an understanding of appropriate appearance, language and behavior in a school setting, which will strengthen students’ self-image and promote confidence to learn.
- Report incidents of discrimination and harassment that are witnessed or otherwise brought to a counselor’s attention to the building administrator and/or Dignity Act Coordinator (DAC) in a timely manner.
Principals
All district principals are expected to:
- Promote a safe, orderly and stimulating school environment, supporting active teaching and learning.
- Ensure that students and staff have the opportunity to communicate regularly with the principal for redress of grievances.
- Evaluate on a regular basis all instructional programs.
- Support the development of and student participation in extracurricular activities.
- Be responsible for enforcing the code of conduct and ensuring that all cases are resolved promptly and fairly.
- Maintain and encourage a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion and religious practice, disability, sexual orientation, gender and gender identity or sex, with an understanding of appropriate appearance, language and behavior in a school setting, which will strengthen student’s self-image and promote confidence to learn.
- Follow up on any incidents of discrimination and harassment that are witnessed or otherwise brought to the Principal’s attention in a timely manner in collaboration with the Dignity Act Coordinator (DAC).
Superintendent
The district superintendent is expected to:
- Promote a safe, orderly, and stimulating school environment, supporting active teaching and learning.
- Review with district administrators the policies of the board of education and state and federal laws relating to school operations and management.
- Inform the school board about educational trends relating to student discipline.
- Work to create instructional programs that minimize problems of misconduct and are sensitive to student and teacher needs.
- Work with district administrators in enforcing the code of conduct and ensuring that all cases are resolved promptly and fairly.
- Promote a safe, orderly, respectful, and positive school environment, free from intimidation, harassment, and discrimination.
Board of Education
The board of education is expected to:
- Collaborate with students, teachers, administrators, parent organizations, school safety personnel, and other school personnel to develop a code of conduct that clearly defines expectations for the conduct of students, district personnel, and visitors on school property and at school functions.
- Adopt and review at least annually the district’s code of conduct to evaluate the code’s effectiveness and the fairness and consistency of its implementation.
- Lead by example by conducting board meetings in a professional, respectful, courteous manner.
- Appoint a Dignity Act Coordinator (DAC) in each school building. The Dignity Act Coordinator will be thoroughly trained to handle human relations in areas of actual or
- perceived race, color, weight, national origin, ethnic group, religion or religious practices, disability, sexual orientation, gender and gender identity, and sex. The Dignity Act Coordinator must be accessible to students and other staff members for consultation and advice as needed on the Dignity Act.
V. Student Dress Code
All students are expected to give proper attention to personal cleanliness and to dress appropriately for school and school functions. Students and their parents have the primary responsibility for acceptable student dress and appearance. Teachers and all other district personnel should exemplify and reinforce acceptable student dress and help students develop an understanding of appropriate appearance in the school setting.
A student’s dress, grooming, and appearance, including hair style/color, jewelry, make-up, and nails should:
- Be safe, and appropriate, and not disrupt or interfere with the educational process.
- Recognize that extremely brief garments such as tube tops, net tops, halter tops, spaghetti straps, plunging necklines (front and/or back), and see-through garments are not appropriate.
- Ensure that underwear is completely covered with clothing.
- Include footwear at all times. Footwear that is a safety hazard will not be allowed. Shoes with rolling devices (Healies) are strictly forbidden.
- Not include the carrying of book bags and/or any other storage bag, including oversized pocketbooks upon entry into the school building, until the end of the school day.
- Not include the wearing of winter coats and/or outerwear garments upon entry into the school building, until the end of the school day.
- Not include items that are vulgar, obscene, libelous, or denigrate others on account of actual or perceived race, color, religion or religious practice, weight, national origin, gender, sexual orientation, sex, or disability.
- Not promote and/or endorse the use of alcohol, tobacco, or illegal drugs and/or encourage other illegal or violent activities.
Each building principal or his or her designee shall be responsible for informing all students and their parents of the student's dress code at the beginning of the school year and any revisions to the dress code made during the school year. Each building principal or his or her designee will also be responsible for interpreting and enforcing the student dress code. Students who violate the student dress code shall be required to modify their appearance by covering or removing the offending item and, if necessary or practical, replacing it with an acceptable item. Any student who refuses to do so shall be subject to discipline, up to and including in-school suspension for the day. Any student who repeatedly fails to comply with the dress code shall be subject to further discipline, up to and including out-of-school suspension.
VI. Prohibited Student Conduct
Student conduct in the Broadalbin-Perth School District is based upon three basic premises:
- Respect Yourself
- Respect Others
- Respect Property
Proper student conduct underlies the whole education structure and allows teaching and learning to take place. The ultimate goal is for each individual to take responsibility for his or her actions, and to become a self-disciplined person. Based on the district philosophy regarding proper student conduct, the rules of conduct listed below are intended to focus on safety and respect for the rights and property of others. Students who violate school rules will be required to accept the penalties for their conduct. Students may be subject to disciplinary action, up to and including suspension from school, when they:
Engage in conduct that is disorderly. Examples of disorderly conduct include:
- Running in hallways.
- Making unreasonable noise.
- Using language or gestures that are profane, lewd, vulgar or abusive.
- Obstructing vehicular or pedestrian traffic.
- Engaging in any willful act which disrupts the normal operation of the school community.
- Trespassing, Students are not permitted in any school building, other than the one they regularly attend, without permission from the administrator in charge of the building.
- Computer/electronic communications misuse, including any unauthorized use of computers, software, or internet/intranet account; accessing inappropriate websites; evading the District’s content filter; using an outside wireless network, instant messaging or any other violation of the district’s acceptable use policy.
- Inappropriate use of electronic devices, including, but not limited to, cell phones, beepers, radios, disc players, MP3 players, and portable DVDs.
- Bullying, harassment, and/or discrimination, which includes the creation of a hostile environment by conduct, intimidation through verbal, non-verbal and/or electronic threats or abuse that has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being; or fear for his or her physical safety. Harassing behavior may be based on any characteristic including but not limited to actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, gender and gender identity.
Engage in conduct that is insubordinate. Examples of insubordinate conduct include:
- Failing to comply with the reasonable directions of teachers, school administrators, or other school employees in charge of students or otherwise demonstrating disrespect.
- Lateness for, missing or leaving school without permission.
- Skipping class or detention.
- Demonstrating disrespect or lying to school personnel.
Engage in conduct that is disruptive. Examples of disruptive conduct include:
- Failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of students.
Engage in conduct that is violent. Examples of violent conduct include:
- Committing, threatening or attempting an act of violence (such as hitting, kicking, punching, biting and scratching) upon a teacher, administrator, or other school employee or attempting to do so.
- Committing, threatening or attempting an act of violence (such as hitting, kicking, punching, and scratching) upon another student or any other person lawfully on school property or attempting to do so.
- Engaging in harassing conduct, verbal threats, intimidation, or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical well-being.
- Possessing a weapon. Authorized law enforcement officials are the only persons permitted to have a weapon in their possession while on school property or at a school function.
- Displaying what appears to be a weapon.
- Threatening to use any weapon.
- Intentionally damaging or destroying the personal property of a student, teacher, administrator, other district employee, or any person lawfully on school property, including graffiti or arson.
- Intentionally damaging or destroying school district property.
Engage in conduct that endangers the safety, morals, health, or welfare of others. Examples of such conduct include:
- Stealing the property of other students, school personnel, or any other person lawfully on school property or attending a school function.
- Defamation, which includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them. This can include posting or publishing video, audio recordings or pictures (written material, cell phones, Internet, YouTube, etc.)
- Discrimination, based on a person’s actual or perceived race, age, sexual orientation, disability, including use of a recognized guide dog, hearing dog or service dog, color, creed, 10 national origin, ethnic group, religion, religious practice, sex, sexual orientation, gender or gender identity, as a basis for treating another in a negative manner.
- Harassment, is the creation of a hostile environment by conduct or by verbal threats, intimidation, or abuse that has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, physical or emotional well-being based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, marital or veteran status. Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm and/or emotional discomfort.
- Hazing, which includes any intentional or reckless act directed against another for the purpose of initiation into, afflicting with or maintaining membership into any school sponsored activity, organization, club or team.
- Reckless or unlawful driving.
- Sexual harassment, which includes unwelcome sexual advances, requests for sexual favors, taking, sending or receiving sexually explicit videos, pictures or auditory recordings and other verbal or physical conduct or communication of a sexual nature.
- Downloading, selling, using or possessing obscene material.
- Using vulgar or abusive language, cursing or swearing.
- Smoking a cigarette, cigar, pipe or using chewing or smokeless tobacco.
- Possessing, consuming, selling or attempting to sell, distributing or exchanging alcoholic beverages or illegal substances or legal prescription medications, or being under the influence of such. “Illegal substances” include, but are not limited to, inhalants, marijuana, synthetic cannabinoids, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, and any substances commonly referred to as “designer drugs.”
- Possessing, distributing, or selling drug, alcohol, or tobacco paraphernalia.
- Illegally using, possessing, selling, distributing, or sharing prescription and over-the-counter drugs.
- Gambling.
- Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner.
- Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.
- Violating gender privacy when using school restroom facilities.
Engage in misconduct while on a school bus. It is crucial for students to behave appropriately while riding on district buses to ensure their safety and that of other passengers and to avoid distracting the bus driver. Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Excessive noise, pushing, shoving and fighting will not be tolerated.
Engage in any form of academic misconduct. Examples of academic misconduct include:
- Plagiarism.
- Cheating.
- Copying.
- Altering records.
- Assisting another student in any of the above actions
Student Spectators
As a participating member of NYSHPHAA Section II, the district enforces all Section II athletic competition spectator rules. All students are expected to exhibit proper conduct, as prescribed by the student code of conduct, at all school-sponsored, extracurricular activities. Students who violate school rules, at such events will be subject to disciplinary action, up to and including suspension from school.
Cell Phone
Students are allowed to bring cellphones to school. They are not allowed to be out for any reason during the school day. Students must keep cell phones out of sight at all times between the start of the first block class and the conclusion of the last block of school.
If a student is caught using their cell phone throughout the course of the day, they will face a leveled form of consequence.
Consequences
Students caught with cell phones during the school day:
- First Offense: Students are provided a warning and are asked to put their cell phone away.
- Second Offense: Phone is taken away by the staff member and held until the conclusion of the class. Parents are notified that their student has violated the cell policy for the 2nd time.
- Third Offense: Phone is taken away and sent to the Jr. High or Sr. High office to be held until the end of the day. Parents are notified that their student has violated the cell policy for the 3rd time.
- Fourth Offense: Students are sent to the appropriate office to turn their phone over. Parents will be called and asked to pick the cell phone up from the office. Students will also face disciplinary consequences of either detention, in-school suspension or out of school suspension.
- Additional Offenses: Phone is taken away and turned into the appropriate office. Parent is called and must pick up the phone from the school. The student will be required to place his/her phone in a Yondr pouch at the start of each day until such time as determined by the building Principal.
A student taking and/or distributing pictures or videos
Due to the privacy rights of all students and faculty, no student shall take and/or distribute any picture or video at any time while in Broadalbin-Perth Schools.
Failure to comply will result in an immediate discipline referral to administration and may result in in-school or out-of-school suspension.
VII. Reporting Violations
All students are expected to promptly report violations of the code of conduct to a teacher, school counselor, the principal of the building or his or her designee. Any student observing a student possessing a weapon, alcohol or illegal substance on school property or at a school function shall report this information immediately to a teacher, building principal, the principal’s designee or the superintendent.
All district staff who are authorized to impose disciplinary sanctions are expected to do so in a prompt, fair and lawful manner. District staff who are not authorized to impose disciplinary sanctions are expected to promptly report violations of the code of conduct to their supervisor, who shall in turn impose an appropriate disciplinary sanction, if so authorized, or refer the matter to a staff member who is authorized to impose an appropriate sanction.
Any weapon, alcohol or illegal substance found shall be confiscated immediately, if possible, followed by notification to the parent of the student involved and the appropriate disciplinary sanction if warranted, which may include permanent suspension and referral for prosecution.
The building principal or designee must notify the appropriate local law enforcement agency of those code violations that constitute a crime and substantially affect the order or security of a school as soon as practical, but in no event later than the close of business the day the principal or designee learns of the violation. The notification may be made by telephone, followed by a letter mailed on the same day as the telephone call is made. The notification must identify the student and explain the conduct that violated the code of conduct and constituted a crime.
Any student observing a student being harassed or discriminated against by another student or a staff member shall report this information immediately to a teacher, the Principal, the Principal’s designee, the Superintendent of Schools, or the Dignity Act Coordinator.
Staff who know or reasonably should know of possible harassment or discrimination by students, employees, or third parties, must take immediate and appropriate action to comply with the requirements set forth in this policy, as well as District Policy #3240 and Regulation 3240-R. Such requirements include the obligation to report the incident to the Principal, the Principal’s designee, the Superintendent of Schools, or the Dignity Act Coordinator. Following the report, the District shall investigate or otherwise determine what occurred and should take prompt and effective steps reasonably calculated to end the harassment or discrimination, eliminate any hostile environment, and prevent the conduct from reoccurring.
Intervention for Harassment and Discrimination
Intervention by knowledgeable and trained individuals is an important step in preventing the escalation of harassment and discrimination and may lead to the resolution of issues at an early stage. Staff intervention towards incidents of discrimination and harassment will emphasize measured, balanced and age-appropriate responses to the discrimination and harassment of students by students and/or employees.
Successful intervention may involve remedial measures. Remedial responses to bullying and harassment include measures designed to correct the problem behavior, prevent another occurrence of the behavior and protect the target of the act. Remediation may be targeted to the individual(s) involved in the harassing or discriminatory behavior or may include environmental approaches which are targeted to the school or district as a whole. Individual-focused remedial measures may include, but are not limited to peer support groups; corrective instruction or other learning or service experience; supportive interventions; behavioral assessment or evaluation; behavioral management plans with closely monitored benchmarks; student counseling and parent conferences. Environmental remediation strategies may include supervisory systems that empower school staff with prevention and intervention tools to address incidents of bullying and harassment; strategies for determining the conditions contributing to discriminatory behaviors; adoption of research-based, systemic harassment prevention programs; modification of schedules; adjustment in hallway traffic and other student routes of travel; targeted use of monitors; staff professional development; parent conferences; involvement of parent-teacher organizations and peer support groups.
In addition to addressing the discriminatory or harassing conduct, intervention shall also include support and assistance to the student that was the target of the harassment as well as identification of prompt and effective steps reasonably calculated to end the harassment; to eliminate any hostile environment and to prevent such conduct from reoccurring. When harassment has occurred, staff, in conjunction with the 13 DAC, the parents and the student, as appropriate, shall review whether the student requires counseling support, accommodations or other services to remedy the effects of the harassment and, if such a need exists, shall arrange for the appropriate services or supports. Accommodations and on-going supports provided to a target of harassment shall be reviewed, as needed, to ensure that any safety concerns have been addressed and to determine whether accommodations or supports should be continued, adjusted or discontinued.
In addition to the foregoing, students and staff are referred to District Policy #3240 and accompanying Regulation #3240-R, for a full recitation of their rights and obligations relating to discrimination and harassment. Policy #3240 and Regulation #3240-R, which are incorporated herein by reference, provide for the reporting of incidents of harassment and discrimination arising from dealings between or among employees with employees; employees with students; students with students; employees/students with vendors/contractors and others w3ho do business with the School District, as well as school volunteers, visitors, guests and other third parties who are participating in, observing, or otherwise engaging in activities subject to the supervision and control of the District.
Students and staff should refer to those documents for a comprehensive recitation of the District’s investigation procedure, which provides for, among other things, the right of parties to present witnesses and documentation relating to the alleged harassment and/or discrimination, as well as the right to a written determination regarding the outcome of any investigation. Specific timeframes relating to investigations into claims of discrimination and harassment are also set forth in those documents.
Retaliation Prohibited
Any act of retaliation against any person who reports or has filed a complaint of harassing or discriminatory behavior is strictly prohibited and illegal, and therefore subject to disciplinary action. Likewise, retaliation against any person who has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing of a harassment or discrimination complaint is prohibited. For purposes of this policy, retaliation includes but is not limited to: verbal or physical threats, intimidation, ridicule, bribes, destruction of property, spreading rumors, stalking, harassing phone calls, and any other form of harassment. Any person who retaliates is subject to immediate disciplinary action, up to and including suspension or termination, as applicable.
Where incidents involve violations of civil rights, the victim and the alleged perpetrator have the right to be represented by a person of their choice, at their own expense, during investigations and hearings. In addition, victims have the right to register complaints with the U.S. Department of Education's Office for Civil Rights.
Employee victims also have the right to register complaints with the Federal Equal Employment Opportunity Commission and the New York State Division of Human Rights. Nothing in these regulations shall be construed to limit the right of the complainant to file a lawsuit in either state or federal court.
VIII. Disciplinary Penalties, Range of Penalties, Procedures & Referrals
Discipline is most effective when it deals directly with the problem at the time and place it occurs, and in a way that students view as fair and impartial. School personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the student’s ability to grow in self-discipline.
Disciplinary action, when necessary, will be firm, fair and consistent so as to be the most effective in changing student behavior. In determining the appropriate disciplinary action, school personnel authorized to impose disciplinary penalties will consider the following:
- The student’s age
- The nature of the offense and the circumstances that led to the offense.
- The student’s prior disciplinary record.
- The effectiveness of other forms of discipline.
- Information from parents, teachers and/or others, as appropriate.
- Other extenuating circumstances.
As a general rule, discipline will be progressive. This means that a student’s first violation usually merits a lighter penalty than subsequent violations.
If the conduct of a student is related to a disability or suspected disability, the student shall be referred to the Committee on Special Education and discipline, if warranted, shall be administered consistent with the separate requirements of this code of conduct for disciplining students with a disability or presumed to have a disability. A student identified as having a disability shall not be disciplined for behavior related to his/her disability.
Students found guilty of harassment or discrimination may be referred for counseling.
Range of Penalties
Students who are found to have violated the district’s code of conduct may be subject to penalty, either alone or in combination. The following list provides examples of such penalties:
- Verbal warning
- Written warning
- Written notification to parents
- Detention or 9th period academic make-up
- Suspension from transportation
- Suspension from athletic participation
- Suspension from social or extracurricular activities
- Suspension of other privileges
- In-school suspension
- Reduction in assigned grade
- Removal from classroom by teacher
- Short-term suspension from school
- Long-term suspension from school
- Permanent suspension from school
Each penalty will be imposed consistent with the student’s right to due process.
Procedures
The amount of due process a student is entitled to receive before a penalty is imposed depends on the penalty being imposed. In all cases, regardless of the penalty imposed, the school personnel authorized to impose the penalty must inform the student of the alleged misconduct and must investigate, to the extent necessary, the facts surrounding the alleged misconduct. All students will have an opportunity to present their version of the facts to the school personnel imposing the disciplinary penalty in connection with the imposition of the penalty.
Students who are to be given penalties other than an oral warning, written notification, or written/telephonic notification to their parents are entitled to additional rights before the penalty is imposed. These additional rights are explained below.
Detention/Academic Make-Up
After-school detention will be used as a penalty for student misconduct in situations where removal from class or suspension is inappropriate. If necessary, the school will provide transportation home to all students who are required to serve such a penalty.
Suspension from Transportation
If a student does not conduct himself/herself properly on a bus, the bus driver is expected to bring such misconduct to the building administrator’s attention. Students who become a serious disciplinary problem may have their riding privileges suspended by the building administrator or the superintendent or their designees. In such cases, the student’s parents will become responsible for seeing that his or her child gets to and from school safely. Should the suspension from transportation amount to a suspension from attendance, the district will make appropriate arrangements to provide for the student’s education.
A student subjected to a suspension from transportation is not entitled to a full hearing under Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the building administrator or designee to discuss the conduct and the penalty involved.
Suspension from athletic participation, extracurricular activities, and other privileges
A student subjected to suspension from athletic participation, extra-curricular activities or other privileges is not entitled to a full hearing under Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the building administrator or designee to discuss the conduct and the penalty involved.
In-school suspension
The board recognizes the school must balance the need of students to attend school and the need for order in the classroom to establish an environment conducive to learning. As such, the board authorizes building administrators and the superintendent to place students who would otherwise be suspended from school as the result of a code of conduct violation in “in-school suspension.”
A student subjected to an in-school suspension is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the building administrator or designee to discuss the conduct and the penalty involved.
Teacher disciplinary removal of disruptive students
A disruptive student is a student who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom. A substantial disruption of the educational process or substantial interference with a teacher’s authority occurs when a student demonstrates a persistent unwillingness to comply with the teacher’s instructions or repeatedly violates the teacher’s classroom behavior rules.
A classroom teacher may remove a disruptive student for three days. The removal from class applies to the class of the removing teacher only.
In most instances the classroom teacher can control a student’s behavior and maintain a positive classroom atmosphere by employing sound classroom management technique. These techniques include, but are not limited to the following:
- short term “time-out”;
- sending a student to an administrator’s office; or
- sending a student to a school counselor or other district employee’s.
Time-honored classroom management techniques such as these do not constitute disciplinary removal for purposes of this code.
It is also highly suggested that classroom teachers employ the following corrective techniques before a removal occurs:
- Employment of a classroom management plan
- Documentation
- Parental contact
- Contact with building administrator
If a removal occurs, the following must take place:
- The teacher must provide the student with an explanation of why he or she is being removed and an opportunity to explain his or her version of the relevant events before the student is removed. Only after the informal discussion may a teacher remove a student from class.
- The teacher must complete a disciplinary removal form and meet with the principal or his or her designee as soon as possible, but no later than the end of the school day, to explain the circumstance surrounding the removal and to present the removal form.
- Within 24-hours after the student’s removal, the principal or designee must notify the student’s parents, in writing, that the student has been removed from class and why. The notice must also inform the parents that they have the right, upon request, to meet informally with the principal or the designee to discuss the reasons for the removal.
- The written notice will be delivered by the district’s courier service to the last known address for the parents. Where possible, notices will also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting parents.
- When possible, the principal may require the teacher who ordered the removal to attend the informal conference.
- If at the informal meeting the student denies the charges, the principal or designee must explain why the student was removed and give the student’s parents an opportunity to present the students version of the relevant events. The informal meeting must be held within 48-hours of the student’s removal. The timing of the meeting may be extended by mutual agreement of the parent and principal.
- Any disruptive student removed from the classroom shall be offered continued educational programming and activities until he or she is permitted to return to the classroom.
- Each teacher will keep a complete log for all cases of removal of students from his or her class. The principal will keep a complete log of all students removed from class.
- Removal of a student with a disability can occur only after the teacher verifies with the principal or designee that the removal will not violate the student’s rights under state or federal law or regulation.
The principal or designee may overturn a removal at any point between receiving the referral form issued by the teacher and the close of the business day following the 48-hour period for the informal conference, if a conference is requested. The principal or designee may overturn the removal of the student from class if the principal finds any one of the following:
- The charges against the student are not supported by substantial evidence.
- The student’s removal is otherwise in violation of law, including the district’s code of conduct.
- The conduct warrants suspension from school pursuant to Education Law §3214 and a suspension will be imposed.
If the student poses a danger or ongoing threat of disruption, the teacher may order the student to be removed immediately. The teacher must, however, explain to the student why he or she is being removed from the classroom and give the student a chance to present his or her version of the relevant events within 24-hours.
Suspension from School
Suspension from school is a severe penalty, which may be imposed only upon students who are insubordinate, disorderly, violent, or disruptive, or whose conduct otherwise endangers the safety, morals, health, or welfare of others.
The board retains its authority to suspend but places responsibility for the suspension of students with the superintendent and the building principals.
Short-term suspension from school (5 days or less):
When the superintendent or principal (referred to as the “suspending authority”) proposes to suspend a student charged with misconduct for five days or less pursuant to Education Law §3214 (3), the suspending authority must immediately notify the student orally. If the student denies the misconduct, the suspending authority must provide an explanation of the basis for the proposed suspension. The suspending authority must also notify the student’s parents in writing that the student may be suspended from school. The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the decision to propose suspension at the last known address of the parent. Where possible, notice should also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting parents.
The notice shall provide a description of the charges against the student and the incident for which suspension is proposed and shall inform the parents of the right to request an immediate informal conference with the principal. Both the notice and the informal conference shall be in the dominant language or mode of communication used by the parents. The notice and opportunity for an informal conference shall take place before the student is suspended unless the student’s presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process. If the student’s presence does pose such danger or threat of disruption, the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practicable.
After the conference, the principal shall promptly advise the parents in writing of his or her decision. The principal shall advise the parents that if they are not satisfied with the decision and wish to pursue the matter, they must file a written appeal to the superintendent within five business days, unless they can show extraordinary circumstances precluding them from doing so. If the student’s presence in school poses an ongoing threat of disruption, the student will remain on suspension throughout the appeal process. The superintendent shall issue a written decision regarding the appeal within 10 business days of receiving the appeal. If the parents are not satisfied with the superintendent’s decision, they must file a written appeal to the board of education with the district clerk within 10 business days of the date of the superintendents’ decision, unless they can show extraordinary circumstances precluding them from doing so. Only final decisions of the Board may be appealed to the Commissioner within 30 days of the decision.
Long-term suspension from school (more than 5 days):
When the superintendent determines that a suspension for more than five days may be warranted, he or she shall give reasonable notice to the student and the student’s parents of their rights to a fair hearing. At the hearing, the student shall have the right to be represented by counsel, the right to question witnesses against him or her, and the right to present evidence on his or her behalf.
The superintendent shall personally hear and determine the proceeding or may, in his or her discretion, designate a hearing officer to conduct the hearing. The hearing officer shall be authorized to administer oaths and to issue subpoenas in conjunction with the proceedings before him or her. A record of the hearing shall be maintained, but no stenographic transcript shall be required. A tape recording shall be deemed a satisfactory record. The hearing officer shall make findings of fact and recommendations as to the appropriate measure of discipline to the superintendent. The report of the hearing officer shall be advisory only, and the superintendent may accept all or any part thereof.
An appeal of the decision of the superintendent may be made to the board which will make its decision based solely on the record before it. All appeals to the board must be in writing and submitted to the district clerk within 10 business days of the date of the superintendent’s decision unless the parents can show extraordinary circumstances precluded them from doing so. The board may adopt in whole or in part the decision of the superintendent. Final decisions of the board may be appealed to the Commissioner within 30 days of the decision.
Permanent Suspension:
Permanent suspension is reserved for extraordinary circumstances such as where a student’s conduct poses a life-threatening danger to the safety and well-being of other students, school personnel or any other person lawfully on school property or attending a school function. The permanent suspension will be in compliance with section §3214 of the Education Law and will be determined through a superintendent's hearing.
Minimum Periods of Suspension
Students who bring a weapon to school:
Any student, other than a student with a disability, found guilty of bringing a weapon onto school property will be subject to suspension from school for at least one calendar year. Before being suspended, the student will have an opportunity for a hearing pursuant to Education Law §3214. The superintendent has the authority to modify the one-year suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent may consider the following:
- The student’s age.
- The student’s grade in school.
- The student’s prior disciplinary record.
- The superintendent’s belief that other forms of discipline may be more effective.
- Input from parent, teachers and/or others.
- Other extenuating circumstances.
A student with a disability may be suspended only in accordance with the requirements of state and federal law.
Students who commit violent acts other than bringing a weapon to school:
Any Student, other than a student with a disability, who is found to have committed a violent act as defined by the NYS Education Department as:
- involving infliction of a serious physical injury upon another as defined in the NYS Penal Law; or
- a sex offense that involves forcible compulsion; or
- any other offense defined in the Penal Law that involves the use or threatened use of a deadly weapon.
Other than bringing a weapon onto school property, shall be subjected to suspension from school for at least three days, but no more than five days. If the proposed penalty is the minimum three-day suspension, the student and the student’s parents will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed penalty exceeds a five-day suspension, the student and the student’s parents will be given the same notice and opportunity for a hearing given to all students subject to long-term suspension. The superintendent has the right to modify the minimum three-day suspension on a case-by-case basis.
Referrals
- PINS Petitions
The district may file a PINS (person in need of supervision) petition in Family Court on any student under the age of 18 who demonstrates that he or she requires treatment by:- Being habitually truant and not attending school as required by part one of Article 65 of the Education Law.
- Engaging in an ongoing or continual course of conduct which makes the student ungovernable, or habitually disobedient and beyond the lawful control of the school.
- Knowingly and unlawfully possesses marijuana in violation of Penal Law S 221.05. A single violation of S 221.05 will be a sufficient basis for filing a PINS petition.
- Juvenile Delinquents and Juvenile offenders
The superintendent is required to refer the following students to the County Attorney for a juvenile Delinquency proceeding before the Family Court:- Any student under the age of 16 who is found to have brought a weapon to school.
- Any student 14 or 15 years old who qualifies for juvenile offender status under the Criminal Procedure Law S 1.20 (42).
- The superintendent is required to refer students age 16 or older or any student 14 or 15 years old who qualifies for juvenile offender status to the appropriate law enforcement agency.
IX. Dangerous Weapons in School
No student shall have in his or her possession while on school property or in any school building, any rifle, shotgun, pistol, revolver, other firearm, knives, dangerous chemicals, explosives or any object which is not necessary for school activities and which could be used as a weapon. This shall include, but shall not be limited to, possession of a firearm or weapon on their person or in an automobile, backpack or locker. A “firearm” under this policy is any weapon (including a starter gun) which will or a designed to or may readily be converted to expel a projectile by the action of an explosive; frame or receiver of such weapon; any firearm muzzle or silencer; or any destructive device. A billy club blackjack, bludgeon, metal knuckles, razor, imitation pistol or any other dangerous or deadly instrument or object which is not necessary for school purposes and which could be used as a weapon.
Once a determination is made that a student brought a weapon to school, the Superintendent may refer the student to the appropriate law enforcement agency. The parents of the student will be notified subsequent to the notification of law enforcement.
Pursuant to the New York State Guns in Schools Act, any student found to be in the possession of a weapon will be suspended from school for a period of not less than one year, except that the Superintendent of Schools may modify such penalty upon consideration of the particular facts of the case, including but not limited to the totality of the circumstances surrounding the offense and the student’s previous record.
Such consideration will be had within the context of a disciplinary hearing held under Education Law §3214 before the imposition of any student suspension over five (5) days. This policy shall not override or alter any obligation of the District to provide the suspended student with appropriate alternate education during the period of his/her suspension if required.
All individuals, other than authorized law enforcement personnel, are strictly forbidden to possess a weapon on school district property, in school buildings or vehicles, or at school-sponsored events or activities. An individual improperly possessing a weapon will be asked to leave the premises and the proper law enforcement personnel will be immediately notified. If the individual is a District employee, (s)he will also be subject to discipline under the law and any applicable collective bargaining agreement provision. If the individual is a student, (s)he will be subject to applicable discipline pursuant to the New York State Guns in Schools Act, the New York State Education Law, and the Student Disciplinary Code as well as appropriate criminal action.
X. Alternative Instruction
When a teacher removes a student of any age from class or a student of compulsory attendance age (age 6 through the end of the school year turned age 16) is suspended from school pursuant to Education Law §3214, the district will take immediate steps to provide alternative means of instruction for the student of NYS Education Department compulsory age.
The Broadalbin-Perth Central School District utilizes the alternative education programs explained below:
In-school Suspension
- Utilized for students who act out within the classroom setting or violate the code of conduct.
- Students are assigned to a room where they are isolated from other students under the supervision of a teacher or teacher’s assistant/aide.
- Students are allowed to complete all academic work that they would complete in a regular classroom setting.
- An individual may be assigned in-school suspension up to a maximum of five days for each incident.
Out of School Suspension
- Students who are suspended from school may access tutoring through the out-of-school tutoring program. Tutoring will take place from 2:30 p.m.- 4:30 p.m.
Early Admittance to Vocational Education
- A student who is at risk as a potential dropout may be admitted to a vocational education program earlier than the Junior year.
- The school counselor, principal, and parents will need to discuss the educational ramifications of such a placement.
Alternative Education Programs Administered by BOCES
- A student who is at risk as a potential dropout may be admitted to this program.
- The school counselor, principal and parents will need to discuss the educational ramifications of such a placement.
- The alternative education principal and his staff will be involved in the decision-making process.