Code Of Conduct

Definitions
Students Rights and Responsibilities
Essential Partners: Responsibilities
Student Dress Code
Prohibited Student Conduct
Reporting Violations
Disciplinary Penalties, Procedures and Referrals
Suspension from School
Discipline of Students With Disabilities
Change of Placement Rule
Special Rules Regarding the Suspension or Removal of Students with Disabilities
Expedited Due Process Hearings
Referral to Enforcement and Judicial Authorities
Searches and Interrogations
Visitors to the Schools
Public Conduct on School Property
Restitution for Loss or Destruction of District Property
False Reporting of an Incident and or Placing a False Bomb
Dissemination and Review
Weapons or Other Dangerous Devices in School

Adopted by Board of Education July 2^nd, 2001
Revised Revised September 27, 2007

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, fairly and consistently. 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.

Definitions

For purposes of this code, the following definitions apply:

"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.

"Parent" means parent, guardian or person in parental relation to a 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 a public elementary or secondary school, or in or on a school bus, as defined in Vehicle and Traffic Law §142,

"School function" means any official school-sponsored extracurricular event or activity occurring off school grounds.

"Violent student" means a student under the age of 21 who:

Commits an act of violence upon a school employee, or attempts to do so.
Commits, while on school property or at a school function, an act of violence upon another student or any other person lawfully on school property or at the school function, or attempts to do so.
Possesses, while on school property or at a school function, a weapon.
Displays, while on school property or at a school function, what appears to be a weapon.
Threatens while on school property or at a school function, to use a weapon or what appears to be a weapon.
Knowingly and intentionally damages or destroys the personal property of any school employee, student or any person lawfully on school property or at a school function.
Knowingly and intentionally damages or destroys school district property any teacher's, administrator’s or school personnel'.
Threatens any type of violence.

"Weapon" and/or other dangerous devices in schools are defined in the Glen Cove School District Policy #5150A, and procedures for dealing with such devices are presented in this policy. A copy of this policy can be found in Addendum A of this document.

"Weapon" means a firearm as defined in 18 U.S.C. §921 for purposes of the Gun Free Schools Act (GFSA). For purposes of discipline, when the weapon possessed or used is a "firearm" under GFSA, suspension is set at a minimum of one year. However, with respect to the term "weapon", other than "firearm" per 18 U.S.C. §921, the District reserves the right to impose a term of suspension as it may deem appropriate, and necessary under the particular circumstances.

STUDENTS RIGHTS AND RESPONSIBILITIES

A. Student 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.

B. 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.
React to 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 any teacher’s, administrator’s or school personnel’s instruction or directive.
Seek help in solving problems that might lead to discipline.
Dress appropriately for school and school functions in accordance with the District’s Dress Code.
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.
Respect school property and keep it free from damage.
Be informed regarding student rights and responsibilities and comply with all school rules and regulations.

ESSENTIAL PARTNERS: RESPONSIBILITIES

A. Parents

All Parents are expected to:

Recognize that the education of their child(ren) 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.
Teach their child self respect, respect for the law, and respect for others and public property.
Guide their child from the earliest years to develop socially acceptable standards of behavior, to exercise self-control and to be accountable for his or her actions.
Accept responsibility for attending parent-teacher conferences as necessary.
Demonstrate desirable standards of behavior through personal example.

B. Teachers

All district teachers are expected to:

Promote, maintain a climate of mutual respect and dignity, which will strengthen students’ self-concept and promote confidence to learn.
Plan and conduct a program of instruction that will make learning challenging and stimulating.
Demonstrate interest in teaching and concern for student achievement.
Know school building policies and rules, and enforce them in a fair and consistent manner.
Communicate to students and parents:
1. Course objectives and requirements and/or grade-level expectations
2. Marking/grading procedures
3. Assignment deadlines
4. Expectations for students
5. Classroom discipline plan.
6. Avenues of referrals to appropriate school personnel
Communicate regularly with students, parents and other teachers concerning growth and achievement.
Report to the principal or assistant principal or principal’s designee any student who jeopardizes his or her own safety, the safety of others or of the teacher, or who seriously interferes with the instructional program of the classroom.
Demonstrate desirable standards of behavior through personal example.

C. Guidance Counselors Psychologists, and Social Workers

All Guidance Counselors, Psychologists and Social Workers are expected to::

Assist students in coping with peer pressure and emerging personal, social and emotional problems.
Initiate teacher/student/counselor conferences, as necessary, as a way to resolve problems.
Regularly review with students their educational progress and career plans (as appropriate to level of student).
Provide information to assist students with career planning.
Encourage students to benefit from the curriculum and extracurricular programs.
Demonstrate desirable standards of behavior through personal example.

D. Building Administrators

All Building Administrators are expected to:

Promote and maintain a safe, orderly and stimulating school environment, supporting active teaching and learning.
Know school district policies and rules.
Ensure that students and staff have the opportunity to communicate regularly with the principal and approach the principal for redress of grievances.
Evaluate on a regular basis all instructional programs.
Support the development of and student participation in appropriate extracurricular activities.
Be responsible for enforcing and disseminating the Code of Conduct and ensuring that all cases are resolved promptly and fairly and consistently.
Develop procedures and instructional programs which reduce the likelihood of student misconduct.
Assist staff members to resolve problems which may occur.
Utilize all appropriate support staff and community agencies to help parents and students identify problems and seek solutions.
Comply with pertinent state laws governing hearing, suspensions and student rights.
Develop behavior guidelines and appeals procedure specific to his of assigned school in harmony with the code.
Identify the line of administrative authority in the building in the absence of the principal.
Demonstrate desirable standards of behavior through personal example.

E. Superintendent/District Administrators

The superintendent and district administrators are expected to:

Promote a safe, orderly and stimulating school environment, supporting active teaching and learning.
Know district policies and review with district/building administrators the policies of the Board of Education and state and federal laws relating to school operations and management.
Inform about and recommend to the Board educational trends relating to student discipline.
Work to create instructional programs that minimize problems of misconduct and are sensitive to students and teacher needs.
Work with district administrators in enforcing the code of conduct and ensuring that all cases are resolved promptly and fairly.
Work with building principals, law enforcement officials and other agencies to make certain that the rules and responsibilities of each are understood with a view towards cooperative working arrangements.
Listen and react to the views of the total community at the appropriate time and place.
Be well informed on the programs and problems in the schools and work with principals in offering leadership.
Demonstrate desirable standards of behavior through personal example.

F. Board of Education

The Board of Education is expected to:

Collaborate with student, teacher, administrator, and parent organizations, school safety personnel and other school personnel to develop a code of conduct that clearly defines expectations for the conduct of students, district personnel and visitors on school property and at school functions.
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.
Demonstrate desirable standards of behavior through personal example.

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. All district personnel should 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, shall:

Be safe, 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, bare midriffs, plunging necklines (front and/or back) and see-through garments are not appropriate.
Ensure that undergarments are completely covered with outer clothing.
Include footwear at all times. Footwear that is a safety hazard will not be allowed.
Not include the wearing of hats/ headwear in the building except for a medical or religious purpose.
Not include the wearing of gang insignia, gang colors or bandanas.
Not include items that are vulgar, obscene, libelous or denigrate others on account of race, color religion, creed, national origin, gender, sexual orientation 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 dress code at the beginning of the school year and any revisions to the dress code made during the school year.

Students who violate the student dress code shall be required to modify their appearance by covering or removing the offending item and, if necessary or practical, replacing it with an acceptable item. Any student who refuses to do so shall be subject to disciplinary action.

PROHIBITED STUDENT CONDUCT

The Board of Education expects all students to conduct themselves in an appropriate and civil manner, with proper regard for the rights and welfare of other students, district personnel and other members of the school community, and for the care of school facilities and equipment.

The best discipline is self-imposed, and students must learn to assume and accept responsibility for their own behavior, as well as the consequences of their misbehavior.

The Board recognizes the need to make its expectations for student conduct while on school property or engaged in a school function specific and clear. The rules of conduct listed below are intended to do that and focus on safety and respect for the rights and property of others. Students who will not accept responsibility for their own behavior and who violate these school rules will be required to accept the penalties for their conduct.

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

A. Engage in conduct that is disorderly/unsafe and/or disruptive. Examples may include, but are not limited to:

Failing to comply with reasonable directions of school personnel in charge of students.
Running in hallways (however, caution must be exercised in determining the reason for running, i.e. emergency situations, and consideration must be given to the age of the student).
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; or any other violation of the district’s acceptable use policy.

B. Engage in conduct that is insubordinate. Examples of insubordinate conduct include, but are not limited to:

Failing to comply with the reasonable directions of school personnel in charge of students or otherwise demonstrating disrespect.
Lateness for, missing or leaving school without permission.
Skipping detention.

C. Engage in conduct that is violent on school property or at a school function. Examples of violent conduct include:

Committing an act of violence (such as hitting, biting, kicking, punching, and scratching) upon a teacher, administrator or other school employee or attempting to do so.
Committing an act of violence (such as hitting, biting, kicking, punching, and scratching) upon another student or any other person lawfully on school property or attempting to do so.
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 or what appears to be a weapon, or threatening any act of violence.
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, including graffiti or arson.

D. Engage in any conduct that endangers the safety, morals, health or welfare of others. Examples of such conduct include:

Lying to school personnel.
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.
Discrimination, which includes the use of race, color, creed, national origin, religion, gender, sexual orientation or disability as a basis for treating another in a negative manner.
Harassment, which includes a sufficiently severe action or a persistent, pervasive pattern of actions or statements directed at an identifiable individual or group which are intended to be or which a reasonable person would perceive as ridiculing or demeaning.
Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm.
Hazing, which includes any intentional or reckless act directed against another for the purpose of initiation into, affiliating with or maintaining membership in any school sponsored activity, organization, club or team.
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, distributing or exchanging alcoholic beverages or illegal substances and or drug paraphernalia, or being under the influence of either. "Illegal substances" include, but are not limited to, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, and any substances commonly referred to as "designer drugs."
Using 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, bomb threat or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.
Willfully pull a fire alarm, setting off a smoke alarm or disable a safety feature or security device without valid cause.

E. Engage in misconduct while on a school bus. It is crucial for students to behave appropriately while riding on school 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.

F. Engage in any form of academic misconduct. Examples of academic misconduct include:

Plagiarism
Cheating (including but not limited to copying, using and possessing unauthorized "help sheets" and the like: illegally obtaining tests in advance; or substituting for a test-taker).
Copying another’s work and presenting it as one’s own for credit, grade or recognition.
Altering records
Assisting another student in any of the above actions

REPORTING VIOLATIONS

All students are expected to promptly report criminal, serious or dangerous violations of the code of conduct such as the observation of weapon possession, alcohol or illegal substances on school property or at a school function immediately to a staff member.
District staff who are not authorized to impose disciplinary sanctions must promptly report violations of the code of conduct to their supervisor who shall in turn impose in appropriate disciplinary action in a prompt, fair, consistent and lawful manner.

Any such report shall, upon the request of the reporter, remain anonymous and confidential to the extent provided by law.
Any weapon, alcohol or illegal substance found shall be confiscated immediately, followed by notification to the parent of the student involved.

The building principal or his or her designee must notify the appropriate local law enforcement agency of those code violations that constitute a crime and substantially affect the order or security of a school as soon as practical, but in no event later than the close of business the day the principal or his or her designee learns of the violation. The notification may be made by telephone, followed by a certified letter. The notification must identify the student and explain the conduct that violated the code of conduct and constituted a crime.

DISCIPLINARY PENALTIES, PROCEDURES AND REFERRALS

Disciplinary action, when necessary, will be firm, fair and consistent to be the most effective in changing student behavior. Teachers will make every effort to handle individual infractions privately and avoid punishing the group for the misbehavior of one or two. District personnel who interact with students are expected to use the disciplinary action only when necessary and to place emphasis on the students’ ability to grow in self-discipline. 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 which led to the offense.
The student’s prior disciplinary record.
The effectiveness of other forms of discipline.
Information from parents, teachers and/or others, as appropriate.
Other extenuating circumstances.
Make every effort to handle individual infractions privately and avoid punishing the group for the misbehavior of one or two.

If the conduct of a student is related to a disability, discipline, if warranted, shall be administered consistent with the provisions regarding the discipline of students with a disability or presumed to have a disability as outlined in this Code of Conduct. If a student has a suspected disability, the student shall be referred to the Committee on Special Education.

A. Penalties
Students who are found to have violated the district’s code of conduct may be subject to the following penalties. The school personnel or their designees identified are authorized to impose that penalty, consistent with the student’s right to due process.

Verbal warning-any member of the district staff.
Written notification to parent-bus driver, hall and lunch monitors, coaches, guidance counselors, teachers, principal, superintendent.
Detention-teachers, principal, superintendent.
Suspension from transportation-director of transportation, principal, superintendent or designees.
Suspension from athletic participation-coach, athletic director, principal, superintendent or designees.
Suspension from social or extracurricular activities-principal, superintendent or designees.
Suspension of other privileges-principal, superintendent or designees.
In-school suspension-principal, superintendent.
Removal from classroom by teachers, principal.
Short-term (five days or less) suspension from school-principal, superintendent, board of education.
Long-term (more than five days) suspension from school-principal, superintendent, board of education.
Permanent suspension from school-superintendent, board of education.

B. Procedures
The amount of due process a student is entitled to receive before a penalty is imposed depends on the penalty. In all cases, regardless of the penalty, the school personnel authorized to impose the penalty must inform the student of the alleged misconduct and must investigate. 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 a verbal warning, are entitled to additional rights before the penalty is imposed. Any student who is removed from the classroom , placed in detention, or suspended from school, shall be provided with continued educational programming and activities. These additional rights are explained below.

Detention
Teachers, principals and the superintendent may use after school detention as a penalty for student misconduct in situations where removal from the classroom or suspension would be inappropriate. Every effort will be made to confirm that there is no objection to the penalty and that the student has appropriate transportation home following detention.
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 principal’s attention. Students who become a serious disciplinary problem may have their riding privileges suspended by the building principal or the superintendent or their designees or the director of transportation. In such cases, the student’s parent will become responsible for seeing that his or her child gets to and from school safely.
A student subjected to suspension from athletic participation, extra curricular activities and other privileges.
A student subjected to a suspension from athletic participation, extra- curricular activities or other privileges is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the district official imposing the suspension to discuss the conduct and the penalty involved.
In-school suspension
The board recognizes the school must balance the need of students to attend school and the need for order in the classroom to establish an environment conducive to learning. As such, the board authorizes building principals and the superintendent to place students who would otherwise be suspended from school 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 district official imposing the in-school suspension to discuss the conduct and the penalty involved.
Teacher disciplinary removal of disruptive students
A student’s behavior can affect a teacher’s ability to teach and can make it difficult for other students in the classroom to learn. In most instances the classroom teacher can control a student’s behavior and maintain or restore control over the classroom by using good classroom management techniques. Time-honored classroom management techniques do not constitute disciplinary removals for purposes of this code.

On occasion, a student’s behavior may become disruptive. For purposes of this code of conduct, a disruptive student is a student who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom. A substantial disruption of the educational process or substantial interference with a teacher’s authority occurs when a student demonstrates a persistent unwillingness to comply with the teacher’s instructions or repeatedly violates the teacher’s classroom behavior rules.

A classroom teacher may remove a disruptive student from class for up to two days. The removal from class applies to the class of the removing teacher only. A teacher should give adequate consideration to the child’s age and grade level, as well as to the offense committed when determining if a removal is warranted and necessary.

If the disruptive student does not pose a danger or ongoing threat of disruption to the academic process, the teacher must provide the student with an explanation for why he or she is being removed and an opportunity to explain his or her version of the relevant events before the student is removed. Only after the informal discussion may a teacher remove a student from class.

If the student poses a danger or ongoing threat of disruption, the teacher may order the student to be removed immediately. The teacher must, however, explain to the student why he or she was removed from the classroom and give the student a chance to present his or her version of the relevant events within 24 hours. Such verbal notification shall not be a substitute for any written notification requirements.

The teacher must complete a district-established disciplinary removal form and meet with the principal or his or her designee as soon as possible, but no later than the end of the school day, to explain the circumstances of the removal and to present the removal form. If the principal or designee is not available by the end of the same school day, the teacher must leave the form with the principal’s secretary and meet with the principal or designee prior to the beginning of classes on the next school day.

Within 24-hours after the student’s removal, the principal or another district administrator designated by the principal must notify the student’s parents, 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, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice at the last know address for the parents. 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.

If a parent requests to meet informally, 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 for 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 48 hours of the student’s removal. The timing of the informal meeting may be extended by mutual agreement of the parent 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 of disruption of the educational process or interference with the teacher’s authority, against the student, are not supported by substantial evidence.
2. The student’s removal is otherwise in violation of law, and/or the district’s code of conduct.
3. The conduct warrants suspension from school pursuant to Education Law §3214 and a suspension will be imposed
  
  The principal or his or her administrative designee may overturn a removal at any point between receiving the referral form issued by the teacher and the close of business on the day following the 48 hour period for the informal conference, if a conference is requested. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the principal makes a final determination, or the period of removal expires, whichever is less.
  
  Removal of a student with a disability, under certain circumstances, may constitute a change in the student’s placement. No teacher may remove a student with a disability from his or her class until he or she has verified with the principal or the chairperson of the Committee on Special Education that the removal will not violate the student’s rights under state or federal law or regulation. Provision regarding discipline of students with disabilities or suspected of having a disability are contained herein.

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 places primary responsibility for the suspension of students with the superintendent and the building principals.

All staff members must immediately report and refer a violent student to the principal or the superintendent for a violation of the code of conduct. These referrals shall be made in writing unless the conditions underlying the recommendation or referral warrant immediate attention. In such cases a written report is to be prepared as soon as possible by the staff member making the referral.

A. Procedures Short-Term Suspension from School. (5 days or less)
When the Superintendent or Principal ("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 will 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 suspend, at the last known address for the parents. Where possible, notice should also be provided by telephone. This verbal notification shall in no way be considered a substitute for the required written notice.

The notice shall provide a description of the charges against the student and the incident giving rise to the suspension and shall inform the parents of the right to request an immediate informal conference with the principal. Both the notice and informal conference shall be in the domain language or mode of communication used by the parents. At the conference, the parents shall be permitted to ask questions of complaining witnesses under such procedures as established by the Principal.

The notice and opportunity for an informal conference shall take place before the suspension takes effect unless the student’s presence in school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process. If the student’s presence does pose such a danger or threat of disruption, the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonable practicable.

Parents who are not satisfied with the principal’s decision and who wish to pursue the matter must file a written appeal to the Superintendent within five (5) business days from the rendering of the decision. The Superintendent shall issue a written decision regarding the appeal within ten (10) business days of receipt. If the parents are not satisfied with the Superintendent’s decision, they must file a written appeal to the Board of Education within (10) business days of the date of the Superintendent’s decision. Only final decisions of the Board of Education may be appealed to the Commissioner of Education within thirty (30) days of such decision.

B. Long-Term Suspension from School. (more than 5 days)
When the Superintendent or Principal determines that a suspension of more than five days may be warranted, he or she shall give reasonable notice to the student and the student’s parents of their right to a fair hearing. At the hearing, the student shall have the right to be represented by counsel, the right to question witnesses against him or her, and the right to present witnesses and other evidence on his or her own behalf.

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

An appeal of the decision of the Superintendent may be made to the Board of Education that will make its decision based solely upon the record before it. All appeals to the Board must be in writing and submitted to the District Clerk within ten (10) business days of the date of the superintendent’s decision, unless the parents can show that extraordinary circumstances precluded them from doing so. The Board may adopt in whole or in part the decision of the Superintendent. Final decisions of the Board may be appealed to the Commissioner of Education within thirty (30) days of the decision.

C. Permanent Suspension
Permanent suspension is reserved for extraordinary circumstances such as where a student’s conduct poses a threatening danger to the safety and well-being of other students, school personnel or any other person lawfully on school property or attending a school function. Minimum Periods of Suspension

Student’s who bring weapons to school.

Any student found guilty of bringing a "firearm," as defined under the Gun-Free Schools Act, onto school property will be subject a mandatory one calendar year suspension from school. Any student found guilty of bringing a "weapon" as defined under the code, may 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 any such suspension on a case-by-case basis. In so deciding, the Superintendent may consider the following:
1. The student’s age;
2. The student’s grade in school;
3. The student’s prior disciplinary record;
4. Input from building administrators;
5. The type of weapon involved;
6. Other extenuating circumstances.
Students who commit violent acts other than bringing a firearm to school.

Any student, other than a student with a disability, who is found to have committed a violent act, other than bringing a weapon onto school property, shall be subject to suspension from school for at least five (5) days. If the proposed penalty is the minimum of five days, 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. The Superintendent has the authority to modify the suspension on case-by-case basis. In deciding whether to modify the penalty, the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.
Students who are repeatedly substantially disruptive of the educational process or repeatedly interfere with the teacher’s authority in the classroom.

Any student other than a student with a disability, who repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom will be suspended for a minimum of five days. For purposes of this code of conduct, "repeatedly is substantially disruptive" means engaging in conduct that results in the student being removed from the classroom by teacher(s) pursuant to Education Law §3214(3-a) and this code on four (4) or more occasions during a semester. If the proposed penalty is a five 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 a long-term suspension. The Superintendent has the authority to modify the suspension on a case-by-case basis. In deciding whether to modify the penalty, the Superintendent may consider the same factors considered in modifying a one year suspension for possessing a weapon

Referrals

Counseling

The guidance office social workers school psychologist shall handle all referrals of students to counseling
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 supervision and treatment by:
1. Being habitually truant and not attending school as required by Part One of Article 65 of the Education Law.
2. Engaging in ongoing or continued course of conduct which makes the student ungovernable or habitually disobedient and beyond the lawful control of the school.
3. Knowingly and unlawfully possesses marijuana in violation of Penal Law §221.05. A single violation of §221.05 will be sufficient basis for filing a PINS Petition.
Juvenile Delinquent and Juvenile Offenders.

The Superintendent is required to refer the following students to the City Attorney for a juvenile delinquency proceeding before the Family Court:
1. Any student under the age of 16 who is found to have brought a weapon to school, or
2. Any student 14 or 15 years old who qualifies for juvenile offender status under the Criminal Procedure Law §1.20(42).
The Superintendent is required to refer any such students to the appropriate law enforcement authorities.

Alternative Instruction
When a student of any age is removed from class by a teacher or a student of compulsory attendance age is suspended from school pursuant to Education Law §3214, the District will take immediate steps to provide alternative means of instruction for the student.

DISCIPLINE OF STUDENTS WITH DISABILITIES

The Board of Education of the Glen Cove City School District recognizes that the need to address disruptive or problem behavior within its schools may result in the suspension, removal or other discipline of students with disabilities. The District also recognizes that students with disabilities enjoy certain procedural protections whenever school authorities intend to impose discipline on them. In this regard, it shall be the Board’s policy that the procedures followed for suspending, removing or otherwise disciplining students with disabilities, will conform with the procedural safeguards required by the Individuals With Disabilities Education Act ("IDEA"), Article 89 of the Education Law, their corresponding regulations and any other applicable laws and regulations. In this regard, this policy affords students with disabilities subject to disciplinary action no greater or lesser rights than those expressly afforded by applicable federal and state law and regulations.

Authorized Suspensions or Removals of Students with Disabilities

In accordance with the federal and state procedural protections applicable to the discipline of students with disabilities:
1. A suspension means a suspension pursuant to Education Law Section 3214.
2. A removal means a removal for disciplinary reasons from the student’s current educational placement other than a suspension, and change in placement to an interim alternative educational setting ("IAES") ordered by an impartial hearing officer because the student poses a risk of harm to himself/herself or others.
3. An IAES means a temporary educational placement for a period of up to 45 days, other than a student’s current placement at the time the behavior precipitating the IAES placement occurred that enables the student to continue to progress in the general curriculum, although in another setting, to continue to receive those services and modifications, including those described on the student’s current Individualized Education Program ("IEP"), that will enable the student to meet the goals set out in such IEP, and includes services and modifications to address the behavior which precipitated the IAES placement, that are designed to prevent the behavior from recurring. The CSE shall be responsible for determining the nature of the IAES as well as the services to be provided to the student.
School personnel may order the suspension or removal of a student with a disability from his or her current educational placement as follows:
1. The Board, the Superintendent, or a Building Principal, may suspend a student with a disability for a period not to exceed five consecutive school days and not to exceed the amount of time a non-disabled student would be subject to suspension for the same behavior. If the suspension is for 5 consecutive school days or less, the parents or guardians shall be provided with an opportunity for an informal conference.
2. The Superintendent may impose a suspension for up to 10 consecutive school days, inclusive of any period in which the student has been suspend or removed under subparagraph (a), above, for the same behavior, if the Superintendent determines that the student has engaged in behavior that warrants a suspension and the suspension or removal does not exceed the amount of time non-disabled students would be subject to suspension for the same behavior, and provided that appropriate due process procedures have been followed.
3. The Superintendent may order additional suspensions of not more than 10 consecutive school days in the same year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.
4. During any period of suspension or removal, including placement in an IAES, students with disabilities shall be provided services, as required by federal and state law.
Superintendent’s hearings on disciplinary charges against students with disabilities and students presumed to have a disability for discipline purposes shall be bifurcated into a guilt phase and a penalty phase and conducted in accordance with the following procedures:
1. The Superintendent shall determine whether the student is guilty of the alleged misconduct. If it is determined that the student is guilty of the alleged misconduct, the Superintendent shall make a threshold determination of whether a suspension or removal in excess of 10 consecutive school days or that would otherwise constitute a disciplinary change in placement should be considered. If a threshold determination is made that such a suspension or removal should be considered, before the Superintendent orders any such removal, a manifestation determination shall be made by the Committee on Special Education (“CSE”), except as otherwise provided herein. If the Superintendent determines that a suspension or removal that would constitute a disciplinary change in placement should not be considered, the hearing shall proceed to the penalty phase. Notwithstanding the foregoing, the District may choose to conduct a manifestation determination prior to a determination of guilt of a Superintendent’s Hearing.
2. In making the manifestation determination, the CSE shall consider all relevant and diagnostic and evaluative information, including reports by the parents, observations of the child, the child’s IEP and placement. The CSE shall also consider whether, in relationship to the behavior that is subject to the disciplinary action:
  1. The IEP and placement were appropriate;
  2. The supplementary aides and services and behavior intervention strategies were provided consistent with the student’s IEP and placement;
  3. The disability did not impair the child from understanding the impact and consequences of the behavior that lead to the disciplinary action;
  4. The disability did not impair the ability of the child to control the behavior subject to the disciplinary action.
3. Upon a determination by the CSE that the behavior of a student with a disability was not a manifestation of the student’s disability, such a student may be disciplined in the same manner as a non-disabled student, except that such student shall continue to receive services in accordance with federal and state law. Upon receipt of notice of such determination, the Superintendent shall proceed with the penalty phase of the hearing. If the CSE determines that the behavior was a manifestation of the student’s disability, the Superintendent shall dismiss the hearing, except as otherwise provided herein.
4. The above notwithstanding, the Superintendent of Schools may order the placement of a student with a disability in an IAES to be determined by the CSE for the same amount of time that a student without a disability would be subject to discipline, but for not more than 45 days, if the student carries or possesses a weapon to school or to a school function, or the student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function.
  1. The term weapon means the same as “dangerous weapon” under 18 U.S.C. §930(g)(w) which includes “a weapon, device, instrument, material or substance, animate or inanimate, that is used for or is readily capable of causing death or serious bodily injury, except (for) a pocket knife with a blade of less than 2 _ inches in length.
  2. Controlled substance means a drug or other substance identified in certain provisions of the federal Controlled Substances Act as specified in both federal and state law and regulations
  3. Illegal drugs means a controlled substance except for those legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or any other federal law.
Similarly, subject to specified conditions required by both federal and state law and regulations, an impartial hearing officer may order the placement of a student with a disability in an IAES setting for up to 45 days at a time, if maintaining the student in his or her current educational placement poses a risk of harm to the student or others.

Change of Placement Rule

A disciplinary change in placement means a suspension or removal from a student’s current educational placement that is either:
1. for more than 10 consecutive school days; or
2. for a period of 10 consecutive school days or less if the student is subjected to a series of suspensions or removals that constitute a pattern because they cumulate to more than 10 school days in a school year and because of such factors as the length of each suspension or removal, the total amount of time the student is removed and the proximity of the suspensions or removals to one another.
School personnel may not suspend or remove a student with disabilities if imposition of the suspension or removal would result in a disciplinary change in placement based on a pattern of suspension or removal.

However, the District may impose a suspension or removal which would otherwise result in a disciplinary change in placement based on a pattern of suspensions or removals if the CSE has determined that the behavior was not a manifestation of the student’s disability, or if the student is placed in an IAES for behavior involving weapons, illegal drugs or controlled substances.

Special Rules Regarding the Suspension or Removal of Students with Disabilities

The District’s Committee on Special Education shall:
1. Conduct functional behavioral assessments to determine why a student engages in a particular behavior, and develop or review behavioral intervention plans whenever the District is first suspending or removing a student with a disability for more than 10 school days in a school year or imposing a suspension or removal that constitutes a disciplinary change in placement, including a change in placement to an IAES for misconduct involving weapons, illegal drugs, or controlled substances.
  
  If subsequently, a student with a disability who has a behavioral intervention plan and who has been suspended or removed from his or her current educational placement for more than 10 school days in a school year is subjected to a suspension or removal that does not constitute a disciplinary change in placement, the members of the CSE shall review the behavioral intervention plan and its implementation to determine if modifications are necessary. If one or more members of the CSE believe that modifications are needed, the District shall convene a meeting of the CSE to modify such plan and its implementation, to the extent the committee determines it is necessary.
2. Conduct a manifestation determination review of the relationship between the student’s disability and the behavior subject to disciplinary action whenever a decision is made to place a student in an IAES either for misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension that constitutes a disciplinary change in placement.
The parents of a student who is facing disciplinary action, but who has not been determined to be eligible for services under the IDEA and Article 89, at the time of misconduct, shall have the right to invoke applicable procedural safeguards set forth in federal and state law and regulations if, in accordance with federal and state statutory and regulatory criteria, the District is deemed to have had knowledge that the child was a student with a disability before the behavior precipitating disciplinary action occurred. If the District is deemed to have had such knowledge, the student will be considered a student presumed to have a disability for discipline purposes.
1. It shall be the responsibility of the Superintendent, Building Principal or other school official imposing a suspension or removal to determine whether the student is a student presumed to have a disability.
2. A student will not be considered a student presumed to have a disability for discipline purposes if, upon receipt of information supporting a claim that they had knowledge the student was a student with a disability, the District either:
  1. conducted an individual evaluation and determined that the student is not a student with a disability, or
  2. determined that an evaluation was not necessary and provided notice to the parents of such determination, in the manner required by applicable law and regulations.
If there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other non-disabled student who engaged in comparable behaviors. However, if a requ4st for an individual evaluation is made while such non-disabled student is subjected to a disciplinary removal, an expedited evaluation shall be conducted and completed in the manner prescribed by applicable federal and state law and regulations. The expedited evaluation must be performed within 15 school days after the receipt of the request for the evaluation and the CSE must convene within 5 school days of the completion of the expedited evaluation. Until the expedited evaluation is completed, the non-disabled student who is not a student presumed to have a disability for discipline purposes shall remain in the educational placement determined by the District, which can include suspension.
The District shall provide parents with notice of disciplinary removal no later than the date on which a decision is made to change the placement of a student with a disability to an IAES for either misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his or her current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension or removal that constitutes a disciplinary change in placement. The notice of disciplinary removal shall be accompanied by the procedural safeguards notice prescribed by the Commissioner of Education.

Expedited Due Process Hearings

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

Referral to Enforcement and Judicial Authorities

The District may Report a crime committed by a child with a disability to appropriate authorities, and such action will not constitute a change of the student’s placement.
The Superintendent shall ensure that copies of the special education and disciplinary records of a student with disabilities are transmitted for consideration to the appropriate authorities to whom a crime is reported, in accordance with law.

SEARCHES AND INTERROGATIONS

The Board of Education is committed to ensuring an atmosphere on school property and at school functions that is safe and orderly. Although students are protected by the Constitution from unreasonable searches and seizures, a student may be searched on school grounds or in a school building when there is reason to believe the student is engaging in any proscribed activity which is in violation of school rules and/or is illegal. In addition, an authorized school official may conduct a search of a student’s belongings that is minimally intrusive, such as touching the outside of a book bag, without reasonable suspicions, so long as the school official has a legitimate reason for the very limited search, as well as any other search which is consistent with law.

A. Lockers, Desks and other School Storage Spaces
The rules of this code regarding searches of students and their belongings do not apply to student lockers, desks, and other school storage places Lockers, desks, and other school storage places are provided by the school for student use and the administration has the right to search these areas. A student may be granted exclusive use of a locker or other school storage area as far as other students are concerned but the student does not have a reasonable expectation of privacy with respect to lockers, desks and other school storage areas, since these places are the property of the district. Student lockers, desks, and other school storage areas may be subject to search at any time by school officials without prior notice to students and without their consent.

B. Questioning of Students
School officials have the right to question students and conduct investigations regarding alleged or suspected violations of school rules and or illegal activity. Such investigations may include the questioning of students, staff, parents, guardians, or other individuals as may be appropriate and, when necessary, in determining disciplinary action in accordance with applicable due process rights.

Should the questioning of students by school officials focus on the actions of one particular student, the student will be questioned, by the appropriate school administrator. The degree, if any, of parental guardian involvement will vary depending upon the nature and the reason for questioning and the necessity of further action which may occur as a result. School officials are not required to contact a student’s parents before questioning the student. Students are not entitled to any sort of "Miranda" type warning before being questioned by school officials.

The authorized school official conducting the search shall be responsible for promptly recording information about the search, such as the name, age and grade of the student search, what lead to the search, the reason for the search, the type of search, the person conducting the search, the time and place of the search, any witnesses to the search, what items were found from the search, and the time manner and results of parental notification. The building principal or the principal’s designee shall be responsible for the custody, control and disposition of any illegal or dangerous item taken from a student. Each item taken from a student should be clearly labeled. If a dangerous or illegal item is turned over to the police, the principal or his or her designee shall be responsible for personally delivering the item to the police authorities.

C. Police Involvement in Searches and the Interrogation of Students
If police are involved in the questioning of students on school premises, whether or not at the request of school authorities, it must be in accordance with applicable law and due process procedures.

If deemed appropriate and or necessary, the Superintendent designee may confer with School District legal counsel to address concerns and determine appropriate action.

Administrators have the responsibility and the authority to determine when the assistance of law enforcement officers is necessary within their respective jurisdictions and shall at all times act in manner that protects and guarantees the rights of student and parents. Police officials have facilities in connection with police work. Police officials may enter school property or a school function to question or search a student or to conduct a formal investigation involving students only if they have:

A search or an arrest warrant; or
Probable cause to believe a crime has been committed on school property or at a school function; or
Been invited by school officials.

Before police officials are permitted to question or search any student, the building principal or his or her designee shall first try to notify the student’s parent to give the parent the opportunity to be present during the police questioning or search. If the student’s parent cannot be contacted prior to the police questioning or search, the questioning or search shall not be conducted. The principal or designee will also be present during any police questioning or search of a student on school property or at a school function.

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

They must be informed of their legal rights.
They may remain silent if they so desire
They may request the presence of an attorney.

VISITORS TO THE SCHOOLS

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

Anyone who is not a regular staff member or student of the school will be considered a visitor.
All visitors to the school must report to the office of the principal upon arrival at the school. There they will be required to sign the visitor’s register and will be issued a visitor’s identification badge, which must be worn at all times while in the school or on school grounds. The visitor must return the identification badge to the principal’s office before leaving the building.
Visitors attending school functions that are open to the public, such as parent-teacher organization meetings or public gatherings, are not required to register.
Parents or citizens who wish to observe a classroom while school is in session are required to arrange such visits in advance with the classroom teacher(s), so that class disruption is kept to a minimum.
Teachers are expected not to take class time to discuss individual matters with visitors.
Any unauthorized person on school property will be reported to the principal or his or her designee. Unauthorized persons will be asked to leave. The police may be called if the situation warrants.
All visitors are expected to abide by the rules for public conduct on school property contained in this code of conduct.

PUBLIC CONDUCT ON SCHOOL PROPERTY

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

The restrictions on public conduct on school property and at school functions contained in this code are not intended to limit freedom of speech or peaceful assembly. The district recognizes that free inquiry and free expression are indispensable to the objectives of the district. The purpose of this code is to maintain public order and prevent abuse of the rights of others.

All persons on school property or attending a school function shall conduct themselves in a respectful and orderly manner. In addition, all persons on school property or attending a school function are expected to be properly attired for the purpose they are on school property.

A. Prohibited Conduct
No person, either alone or with others, shall:

Intentionally injure any person or threaten to do so.
Intentionally damage or destroy school district property or the personal property of a teacher, administrator, other district employee or any person lawfully on school property, including graffiti or arson.
Disrupt the orderly conduct of classes, school programs or other school activities.
Distribute or wear materials on school grounds or at school functions that are obscene, advocate illegal action, appear libelous, obstruct the rights of others, or are disruptive to the school program.
Intimidate, harass or discriminate against any person on the basis of race, color, creed, national origin, religion, are, gender, sexual orientation or disability.
Enter any portion of the school premises without authorization or remain in any building or facility after it is normally closed (note that teachers may have the authorization of the principal to remain in a building after it is closed).
Obstruct the free movement of any person in any place to which this code applies.
Violate the traffic laws, parking regulations or other restrictions on vehicles;
Possess, consume, sell, distribute or exchange alcoholic beverages, controlled substances, or be under the influence of either on school property or at a school function.
Possess or use weapons in or on school property or at a school function, except in the case of law enforcement officers or except as specifically authorized by the school district.
Loiter (without an authorized purpose) on or about school property.
Gamble on school property or at school functions.
Refuse to comply with any reasonable order of identifiable school district officials performing their duties.
Willfully incite others to commit any of the acts prohibited by this code.
Violate any federal or state statute, local ordinance or board policy while on school property or while at a school function.

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

Visitors. Their authorization, if any, to remain on school grounds or at the school function shall be withdrawn and they shall be directed to leave the premises. If they refuse to leave, they shall be subject to ejection. If necessary, appropriate law enforcement officials will be called to assist with the ejection.
Students. They shall be subject to disciplinary action as the facts may warrant, in accordance with the due process requirements.
Tenured faculty members and administrators. They shall be subject to disciplinary action as the facts may warrant in accordance with Education Law §3020a or any other legal rights that they may have.
Staff members in the classified service of the civil service entitled to the protection of Civil Service Law §75. They shall be subject to immediate ejection and to disciplinary action as the facts may warrant in accordance with Civil Service Law §75 or any other legal rights that they may have.
Staff members other than those described in subdivisions 3 and 4. They shall be subject to warning, reprimand, suspension or dismissal as the facts may warrant in accordance with any legal rights they may have.

C. Enforcement
The building principal or his or her designees shall be responsible for enforcing the conduct required by this code.

When the building principal or his or her designee sees an individual engaged in prohibited conduct, which in his or her judgment does not pose any immediate threat of injury to persons or property, the principal or his or her designee shall tell the individual that the conduct is prohibited and attempt to persuade the individual to stop. The principal or his or her designee shall also warn the individual of the consequences for failing to stop. If the person refuses to stop engaging in the prohibited conduct, or if the person’s conduct poses an immediate threat of injury to persons or property, the principal or his or her designee shall have the individual removed immediately from school property or the school function. If necessary, local law enforcement authorities will be contacted to assist in removing the person.

The district shall initiate disciplinary action against any student or staff member, as appropriate, with the "Penalties" section above. In addition, the district reserves its right to pursue a civil or criminal legal action against any person violating the code.

RESTITUTION FOR LOSS OR DESTRUCTION OF DISTRICT PROPERTY

Pursuant to General Obligations Law Sect. 3-112, the District is authorized to seek restitution, including through civil action when necessary, from the parent or guardian of an unemancipated over the age of ten and under the age of eighteen where such student:

Has willfully, maliciously, or unlawfully damaged, defaced, or destroyed real or personal property in the care, custody and or ownership of the District: or
Has knowingly entered or remained in a District building, and wrongfully taken, obtained or withheld personal property owned or maintained by the District.

In addition, the District may require payment for lost or damaged books or other District equipment.

FALSE REPORTING OF AN INCIDENT AND OR PLACING A FALSE BOMB:

A school district is also authorized to seek restitution, as described in law, from a parent or guardian of an unemancipated student over the age of ten and under the age of eighteen where such student:

Has falsely reported an incident; or
Has placed a false bomb as defined in the New York State Penal Law.

Damages for falsely reporting an incident or placing a false bomb shall mean the funds reasonably expended by the school district in responding to such false report of an incident or false bomb, less the amount of any funds which have been or will be recovered from any other source as enumerated in the law.

In seeking restitution, the school district shall file with the Court, District Attorney and defense counsel an affidavit stating that the funds reasonably expended for which restitution is being sought have not been and will not be recovered from any other source or in any other civil or criminal proceeding, except as provided for pursuant to General Obligations Law §3-112.

DISSEMINATION AND REVIEW

Dissemination of Code of Conduct
The board will work to ensure that the community is aware of this code of conduct by:

Providing copies of a summary of the code to all students at a general assembly held at the beginning of each school year.
Making copies of the code available to all parents at the beginning of the school year.
Mailing a summary of the code of conduct written in plain language to all parents of district students before the beginning of the school year and making this summary available later upon request.
Providing all current teachers and other staff members with a copy of the code and a copy of any amendments to the code as soon as practicable after adoption.
Providing all new employees with a copy of the current code of conduct when they are first hired.
Making copies of the code available for review by students, parents and other community members.

The board will sponsor an in-service education program for all district staff members to ensure the effective implementation of the code of conduct. The superintendent may solicit the recommendations of the district staff, particularly teachers and administrators, regarding in service programs pertaining to the management and discipline of students.

The board of education will review this code of conduct every year and update it as necessary. In conducting the review, the board will consider how effective the code’s provisions have been and whether the code has been applied fairly and consistently. ADDENDUM A
Policy #5150A

CITY SCHOOL DISTRICT OF THE CITY OF GLEN COVE, NEW YORK 11542

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WEAPONS OR OTHER DANGEROUS DEVICES IN SCHOOL

The Board of Education is committed to fostering an environment which is safe and secure for all of the District’s staff and students. Accordingly, no student shall sell, use, or possess upon school property or in any setting that is under the control or supervision of the School District, any weapon or other dangerous device. The term "weapon or dangerous device" shall include, but not be limited to, firearms, knives, dangerous chemical explosives, fireworks, box cutters, any instrument capable of firing a projectile, or any other object which is used in a manner that is capable of inflicting bodily harm. Students who are found to be in violation of this policy shall be subject to disciplinary action, as outlined in the District’s Discipline Code.

In addition, in accordance with the Fun-Free Schools Act of 1994, a student found guilty of bringing a firearm, as defined in section 921 of Title 10 of the United States Code, onto school property, or who has such a firearm in his/her possession on school premises, or who brings such a firearm to any setting that is under the control of the supervision of the School District, shall, after a hearing has been provided pursuant to section 3214 of the Education Law, be suspended for a period of not less than one calendar year. If the Superintendent believes a one-year suspension penalty to be excessive, he/she may modify the penalty based on criteria including but not limited to:

the age of the student;
the student’s grade in school;
the student’s prior disciplinary record;
the Superintendent’s belief that other forms of discipline will be more effective;
input from parents, teachers and/or others; and
other extenuating circumstances.

Moreover, the Superintendent shall refer any student, under the age of 16, who has been determined to have brought or possessed such a firearm to a setting that is under the supervision of the District, to Family Court; students over the age of 16 will be referred to the appropriate law enforcement authorities.

Students with disabilities shall only be suspended in a manner consistent with the provisions of the Individuals with Disabilities Education Act and Article 89 of the Education Law.

Nothing in this policy shall prohibit the District from utilizing its full range of disciplinary measures toward students who are found to have sold, brought to, possessed or used in a District supervised setting, any type of weapon or dangerous instrument, other than that which is defined as a firearm under Federal Law; or to have violated any other portion of the District’s Discipline Code. As set forth in that Code, these measures may include, but are not limited to, in-school suspensions, out-of school suspensions for five days or less, or out-of-school suspensions for five days or less, or out-of-school suspensions for more than five days.

References:
Gun Free Schools Act of 1994
Education Law §3214
Individuals With Disabilities
Education Act (IDEA)
Article 89 of the Education Law
Family Court Act
New York Code of Rules and
Regulations (NYCRR) Parts 100 and 200. Adopted by the Glen Cove Board of Education on: July 25, 1994. Policy amended and re-adopted by the Glen Cove Board of Education on: January 29, 2001.

Thursday, Feb 23, 2012