PEARL RIVER SCHOOL DISTRICT
2026-27

CODE OF CONDUCT

2026-27 BOARD OF EDUCATION

Jackie Dubil Craig, President
Denise Caunitz, Vice-President
Thomas DePrisco

Dr. Kathleen Kelley
Tricia Reilly

CENTRAL ADMINISTRATION

Marco F. Pochintesta, Ed.D., Superintendent of Schools

Tina DeSa, Ed.D., Assistant Superintendent for Curriculum and Instruction

John Piscitella, Assistant Superintendent for Human Resources and Community Services
Lillian Rinchiera, Ed.D., Assistant Superintendent for Business

 

DISTRICT ADMINISTRATION

Danny Gonzalez, Director of Health, Physical Education and Athletics
Jamie Haug, Director of Technology
Mathew Kelleher, Director of Facilities
Tina Marie Woods, Director of Special Services

BUILDING ADMINISTRATION

Robert Zegarelli, Ed.D., Principal - Pearl River High School Jenna Park, Assistant Principal – Pearl River High School
Isabella Zappa, Assistant Principal – Pearl River High School

David Wright, Principal - Pearl River Middle School

Edith Ramirez-Lopez, Assistant Principal – Pearl River Middle School
Joseph Avdek, Principal - Evans Park Elementary School
Kathleenann Cool, Principal – Lincoln Avenue Elementary School

Kristin Talleyrand, Ed.D., Principal – Franklin Avenue Elementary School

 

 

INTRODUCTION

The Pearl River School District is committed to maintaining high standards of education for our students. Because the District believes that order and discipline are essential to being educated effectively, the District is also committed to creating and maintaining high behavioral standards and expectations. An orderly educational environment requires that everyone in the school community play a role in contributing to an effective environment. It also requires the development and implementation of a Code of Conduct that clearly defines individual responsibilities, describes unacceptable behavior, and provides for appropriate disciplinary options and responses.

The District believes that order and discipline must be a shared responsibility between school, home and community. This Code of Conduct was developed in collaboration with student, teacher, administrator and parent organizations, school safety personnel and other Board-approved school personnel. The Code of Conduct applies to any person in or on school property and at school functions. Finally, it is our belief that, to be effective, such a code must:

• identify, recognize and emphasize acceptable behavior;
• identify, recognize and prevent unacceptable behavior;
• promote self-discipline;
• consider the welfare of the individual as well as that of the school community as a whole;
• promote a close working relationship between parents/guardians and the school staff,
• distinguish between minor and serious offenses, as well as between first time and repeated offenses;
• provide disciplinary responses that are appropriate to the misbehavior;
• outline procedures to ensure that it is administered in a way that is fair, firm, reasonable, and consistent;
• encourage a high regard for every person's right to reasonable hearing procedures and due process when accused of misconduct; and
• comply with the provisions of federal, state and local laws, as well as the guidelines and directives of the New York State Department of Education and the Board of Regents.

The District's primary concern in establishing a Code of Conduct is to enable our young people to become responsible, respectful and caring citizens within the school and community settings. The Board of Education is responsible for ensuring that essential regulations are established and adequate discipline is maintained in the operation of the schools to effectively promote safety, as well as the social and educational growth of the students. Administrative regulations are developed and enforced by the school administration and staff.

The parent/guardian is expected to assume primary responsibility for behavior of their child. The parent/guardian may be called upon to actively cooperate with the school in providing the necessary structure to promote their child's social and educational growth. To this end, a high degree of parent-school communication will be fostered by the school.

Disciplinary measures available to the administration of each school building include conferences, detention, in-school suspension, out-of-school suspension and administrative hearings with a designated hearing officer. Administrative hearings can result in out-of-school suspensions of more than five days and, in particularly serious cases, a student may be permanently suspended from school.

DEFINITIONS

For the purposes of this Code of Conduct, the following definitions apply:

 

Bullying (Harassment) – The creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying, that (a) 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; (b) reasonably causes or would reasonably expect to cause a student to fear for his/her physical safety; (c) reasonably causes or would reasonably expect to cause physical injury emotional harm to a student; or (d) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property.

Discrimination – Discrimination is the act of denying rights, benefits, justice, equitable treatment or access to facilities available to all others, to an individual or group of people because of the group, class or category to which that person belongs.

Disruptive Student - an elementary or secondary student who is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom.

Parent - the parent, guardian or person in parental relation to a student.

Removal - the act of a teacher in discontinuing the presence of the student in his/her classroom.

School Day – the hours of expected student attendance in the school building.

Elementary School 9:00 am – 3:15 pm Middle School 7:45 am – 2:30 pm
High School 7:35 am – 2:37 pm

School Function - any school sponsored extra-curricular, co-curricular or other event or activity.

School Property - 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 §142 of the New York State Vehicle and Traffic Law.

Suspension - the act of a Building Principal (or acting building principal), Superintendent of Schools, District Superintendent or Board of Education in discontinuing the presence of a student from their regular classes.

Violent Student - a student 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.
• knowingly and intentionally damages or destroys the personal property of any school employee or any person lawfully on school property or at a school function.
• knowingly and intentionally damages or destroys school district property.

Weapon - a firearm as defined in the Gun-Free Schools Act (18 USC §921) [any firearm, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of such firearm; any firearm muffler or silencer; or any destructive device], as well as 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.

 

Student-Staff Communications via Email, Cell Phones, Text-Messaging or other forms of electronic communication

All communication between District staff, students and parents must be done using District email accounts, District approved platforms and/or through student email addresses and cell phone numbers (consistent with BOE Policy 5695) on a list furnished to staff by the District through the student management system, setting forth information contained on a parent consent form. List information shall be shared with the students’ current building administrators, teachers, activity supervisor(s) and coach(es) and will not be further disclosed for personal or commercial purposes. The list will be issued at the beginning of the school year, updated for newly enrolled students, and otherwise updated at the beginning of each semester. Employees shall not use information on the list except for that provided to them for their current students.

Text messaging or instant messaging between staff, parents and students while not recommended shall be limited to curricular or school activity related communications (consistent with BOE Policy 5695). Such messages shall not be communicated between the hours of 11:00 p.m. and 6:00 a.m. unless there are extenuating circumstances related to health and safety. However, teachers, activity advisors and coaches may post information such as homework and scheduling of activities at any time of the day.

STUDENT BILL OF RIGHTS AND RESPONSIBILITIES

The Pearl River School District believes in the right of each school-age child to receive a free and appropriate education. All students in this state between the ages of six and the school year through which he or she becomes 16 are required by law to regularly attend school, either in the public schools, non-public schools that are approved for equivalency of instruction by the appropriate school authorities, or in the home in accordance with the Regulations of the Commissioner of Education.

The right to a free public-school education extends to all students, including those with disabilities. However, this right is not unconditional. As long as due process of law requirements are met, a student may be removed from the classroom, suspended temporarily or suspended permanently from school. Only students within the compulsory education ages (age six through the school year in which the student turns 16) are entitled to alternative, equivalent instruction following suspension.

RIGHTS OF STUDENTS

Education in a free society demands that students be aware of their rights and learn to exercise them responsibly. To this end, students have a right to:

• be provided with an education that is intellectually challenging and relevant to demands of the 21st century;
• learn in an environment free from interruption, harassment, discrimination, intimidation and fear;
• participate in district activities on an equal basis regardless of race, color, creed, national origin, religion, gender, disability or sexual orientation;
• be informed of all school rules; and
• be guided by a discipline which is fairly and consistently implemented.

 

In addition, students are afforded the following rights:

1. Student Expression - Students shall be allowed the opportunity for the free expression of ideas consistent with rights established by the federal and state constitutions. However, a student's freedom is subject to limitation in that the constitutional protections will not extend to speech which encourages or promotes unlawful conduct, and libelous, slanderous, vulgar, lewd, or indecent speech and images.
    
2. Symbolic Expression - Students, in light of constitutionally protected free speech rights, may wear political buttons, arm bands or badges of symbolic expression so long as the same conform to the limits set forth herein the dress code and legal parameters.
    
3. Student Activities - All pupils shall enjoy equal access to the extent of their capabilities for participation in the various extra-curricular and co-curricular activities sponsored by the School District. The privilege of participating in such activities shall be conditioned upon appropriate conduct as established by the student Code of Conduct and any rules promulgated specifically for participation in extra and/or co-curricular activities.
    
4. Student Government - Students are encouraged to participate in the various student governmental bodies, which have been or may be established in our schools. It shall be the duty of the student governmental body to establish reasonable standards for qualification of candidates to serve in offices of the government. Elections for student government shall be conducted in accordance with the principles of our democracy and selected student representatives shall work with the faculty, administration and student body in identifying cooperatively those areas of appropriate student responsibility. All student governmental bodies shall have a faculty advisor and shall be organized pursuant to a specific written constitution, which the students shall participate in formulating.
    
5. Student Clubs and Other Student Organizations - The District encourages students to participate in curriculum related extra-curricular activity clubs and/or organizations. To the extent that the District authorizes meetings of non-curriculum related clubs or organizations, the same shall be subject to the constitution of the student government and shall be conducted in accordance with any applicable federal or state law, as well as Board of Education policy or regulations.

6. Privacy Rights [Search and Seizure] - Students in attendance in our public schools are protected against illegal or unreasonable personal searches or seizures of their property by both the federal and state constitutions. In light of these protections, no student's person or property shall be searched for illegal substances or materials unless the school authorities conducting the search have reasonable individualized suspicion to do so. Lockers, desks, and school owned technology devices, assigned to students may be subject to inspection at any time by school officials since such places are not the property of the student, but rather are owned by the School District and shared with the student. Policy #5330
    
7. Pregnant Students - During pregnancy and the period of pregnancy related disability which follows childbirth, a student shall be entitled to home instruction, upon request. Pregnant students who desire to attend their regularly scheduled classes prior to the time of childbirth may do so to the extent that their physician approves of such attendance.
    
8. Student Grievances and Complaints - If a student has a grievance or a complaint about a school-related matter, a school employee or other school official, s/he may submit it, in writing, to the Principal of the school who shall respond within ten (10) school days with a written answer or proposed resolution. Grievances or complaints may be appealed in writing to the Superintendent of Schools if the Principal's answer or proposed resolution is not deemed satisfactory by the student. The Superintendent of Schools shall respond to all grievances and complaints within a reasonable period of time following receipt of the written appeal document.

RESPONSIBILITIES OF STUDENTS

Students attend school so that they may develop to their fullest potential. With this in mind, each student is expected to:

• accept responsibility for their actions;
• conduct themself with integrity in an ethical, moral, and respectful manner;
• respect the rights of others, including their right to secure an education in an environment that is orderly and disciplined;
• attend school on a regular and punctual basis;
• complete class assignments and other school responsibilities by established deadlines;
• show evidence of appropriate progress toward meeting course and/or diploma requirements;
• respect school property, e.g. lockers, and help to keep it free from damage;
• obey school regulations and rules made by school authorities and by the student governing body;
• recognize that teachers assume the role of a surrogate parent in matters of behavior and discipline when at school, as well as during any school-sponsored activities;
• contribute toward establishing and maintaining an atmosphere that generates mutual respect and dignity for all;
• become familiar with this code and seek interpretation of parts not understood;
• actively discourage inappropriate behavior of other students and report the incidents to the administration; and
• dress in an appropriate manner, so as not to disrupt the educational process.

THE ROLE OF PARENTS

A cooperative relationship between home and school is essential to each student's successful development and achievements. To achieve this wholesome relationship, parents are urged to:

• show an enthusiastic and supportive attitude toward school and education;
• build a good working relationship between themselves and their child;
• teach their child self-respect, respect for the law, respect for others and for public property;
• insist on prompt and regular attendance;
• listen to the views and observations of all parties concerned;
• recognize that teachers merit the same consideration and respect that parents expect from their child;
• encourage their child to take pride in their appearance;
• insist that their child promptly bring home all communications from school;
• cooperate with the school in jointly resolving any school related problem;
• set realistic standards of behavior for their child and resolve to remain firm and consistent;
• help their child learn to deal effectively with negative peer pressure;
• provide a place conducive for study and completion of homework assignments;
• demonstrate desirable standards of behavior through personal example;
• foster a feeling of pride in their child for their school; and
• provide support and positive reinforcement to their child.

Parents should be aware that they are responsible for any financial obligations incurred by their child in or out of school. This includes lost books, damage to technology, damage to property, etc.

THE ROLE OF SCHOOL PERSONNEL

School personnel play an important role in the education of students. In view of this responsibility, school personnel must:

• promote a climate of mutual respect and dignity which will strengthen each student's positive self-image;
• teach the common courtesies by precept and example;
• treat students in an ethical and responsible manner;
• help students to reach their maximum potential;
• demonstrate desirable standards of behavior through personal example;
• report violations of the Code of Conduct to the Building Principal or acting building principal; and
• immediately report and refer violent students to the Principal or Superintendent of Schools

THE ROLE OF TEACHERS

Every teacher knows that they work every day with this nation's most precious commodity - the future generation. In view of this responsibility, the teacher must:

• promote a climate of mutual respect and dignity which will strengthen each student's positive self-image;
• plan and conduct a product of instruction that will make learning challenging and stimulating;
• recognize that some disciplinary problems are caused by a student’s personal and academic frustrations;
• utilize classroom routines which contribute to the total instructional program and to the student's development of civic responsibility;
• seek to develop close cooperative relationships with parents for the educational benefit of the student;
• distinguish between minor student misconduct best handled by the teacher and major problems requiring the assistance of the administrator;
• teach the common courtesies by precept and example;
• handle individual infractions privately and avoid punishing the group for the misbehavior of one or two;
• help students cope with negative peer pressure;
• identify changing student behavior patterns and notify appropriate personnel;
• enable students to discuss their problems with them;
• send communications home promptly;
• report to the Principal any student who jeopardizes their own safety, the safety of others or of the teacher, or who seriously interferes with the instructional program of the classroom;
• treat students in an ethical and responsible manner;
• help students to reach their potential;
• serve as a surrogate parent in matters of behavior and discipline in accordance with New York State School Law;
• explain and interpret the Code of Conduct to students;
• enforce the Code of Conduct in all areas of the school;
• demonstrate desirable standards of behavior through personal example;
• know the support services available to students and refer students who are in need of such services;
• comply with state educational law regarding corporal punishment and mandated reporting of suspected child abuse;
• in the event of removal from class, inform the student and the Principal of the reason for the removal; and
• immediately report and refer violent students to the Principal or Superintendent of Schools.

THE ROLE OF BUILDING ADMINISTRATORS

As the educational leaders of the school, the Principal and his/her assistant(s) set the disciplinary climate for the school, not only for students, but for staff as well. Therefore, they must:

• seek to develop a sound and healthful atmosphere of mutual respect;
• evaluate the program of instruction in their school to achieve a meaningful educational program;
• help their staff self-evaluate their procedures and attitudes in relation to the interaction within their classrooms;
• develop procedures which reduce the likelihood of student misconduct
• provide the opportunity for students and staff to approach the Principal directly for redress of grievances;
• work with students and staff to formulate school regulations;
• assist staff members to resolve problems which may occur;
• work closely with parents to establish a cooperative relationship between home and school;
• utilize all appropriate support staff and community agencies to help parents and students identify problems and seek solutions;
• establish necessary building security;
• assume responsibility for the dissemination and enforcement of the Code of Conduct and ensure that all discipline cases referred are resolved promptly;
• insure that students are provided with fair, reasonable, and consistent discipline;
• comply with pertinent state laws governing hearings, suspensions, and student rights;
• develop behavior guidelines and appeals procedures specific to each assigned school in harmony with this Code of Conduct; and
• demonstrate desirable standards of behavior through personal example.

THE ROLE OF DISTRICT ADMINISTRATORS

As the educational leaders of the school system, the Superintendent of Schools and central administrators must:

• reinforce and extend the indicated responsibilities of the Principals and make them applicable to the school system for grades K-12;
• recommend to the Board of Education appropriate policy, regulations and actions to achieve optimum conditions for positive learning;
• develop and implement an effective Code of Conduct supportable by students, parents, staff and community;
• demonstrate desirable standards of behavior through personal example; and
• provide each teacher with access to the Code of Conduct.

THE ROLE OF THE BOARD OF EDUCATION

As the elected officials governing our schools, the Board of Education:

• adopts the policies governing the District, including this Code of Conduct;
• ensures that the Code of Conduct contains clear behavioral expectations and disciplinary consequences for students, staff and visitors;
• ensures that the Code of Conduct is clearly communicated to students, parents, staff and the school community;
• ensures that the Code of Conduct is implemented and enforced in a consistent, reasonable, fair and equitable manner; and
• annually reviews the Code of Conduct and updates it as necessary.

CONDUCT OF VISITORS

In an effort to maintain a safe and healthy educational environment, all visitors to the District must sign-in at the Main Office of the building visited. Visitors are expected to comport themselves in a manner that does not disrupt the academic process and in accordance with the law and this Code of Conduct. Policy # 1240, #1520.

CODE OF CIVILITY AND DECORUM

Standards of Civility:

All schools should be places where mutual respect is practiced and reinforced. The District promotes an environment in which all members of the school community treat each other civilly, with courtesy and respect in all contacts, whether direct or indirect.

The District does not intend this code to deprive any person of their First Amendment right to freedom of speech or expression. Rather, it seeks to maintain an environment in which people can feel safe, secure and mutually respected.

Expected Behavior:

The Board of Education expects a standard of civility in words and actions, including on social media, whereby all administrative, professional and classified staff, all students, parents, board members, visitors and other members of the school community interact in a courteous, respectful manner. The Board recognizes that disagreements may occur, and members of the school community remain free to express their views. Rather, this expectation relates to the manner in which people communicate and interact with each other. It is expected that all members of the school community will:

• express personal opinions and concerns without using disrespectful, rude, abusive or intolerant behavior or language.
• listen carefully and respectfully to the opinions of others, even when those opinions differ from one’s own.
• be courteous, kind, and cooperative at all times.
• value and respect the time, effort, and intentions of others.
• take responsibility for one’s actions and words.
• be honest when sharing information. Unacceptable Behavior:

Unacceptable behavior includes, but is not limited to, disruptive, demeaning or antagonistic behavior at school, at school-related meetings or at school-sponsored events and activities that interferes with such meetings or events or the participation at such meetings and events. The following are examples of such behavior:

• Using loud and/or offensive language, displays of temper, speaking in an insulting or demeaning manner, through personal actions, spoken words, graphic representations or in writing.
• Threatening or intimidating administrative, professional and classified staff, students, parents, Board members, visitors and other members of the school community.
• Behaving in a physically or verbally intimidating manner.
• Damaging or destroying school property.
• Sending abusive, threatening or obscene letters, emails or other electronic communications voice messages.
• Using deception, dishonesty, or unfairly discrediting others.

Any person who exhibits unacceptable behavior may be directed to leave the premises and if they are uncooperative and refuses to do so, they shall be subject to ejection and the police may be called. In addition, their authorization to remain upon the grounds or other property of the District may be withdrawn.

In addition, if a faculty member or other staff member, they may be subject to disciplinary action as prescribed by and in accordance with applicable law and any applicable collectively negotiated agreement.

REPORTING CODE VIOLATIONS

1. To School District Personnel

Students, teachers and other District personnel must report any serious violation of this Code of Conduct of which they have firsthand knowledge to any building administrator where the violation occurred.

2. To Local Law Enforcement Agencies

The District will report any acts of violence against persons that constitute a felony or misdemeanor and other violations of the Code of Conduct which constitute a felony to the appropriate local law enforcement agency. When necessary, the District will file a complaint in criminal court against the actor.

3. To Human Services Agencies

The District will report any violations of the Code of Conduct which constitute a crime when the actor is under the age of 16 to the appropriate human services agencies. When appropriate, the District will file a juvenile delinquency petition or a person in need of supervision (PINS) petition in Family Court.

REMOVAL OF A STUDENT FROM THE CLASSROOM

The School District has determined that certain acts of misconduct interfere with instruction and/or the safety and welfare of students and staff. Although some incidents of misconduct may require removal from the classroom or suspension from school, effort will be made to deal with misconduct without removal from the classroom or suspension from school. This is in keeping with the District goal of avoiding consequences that interrupt or interfere with learning. However, no child will be allowed to continue disrupting the instruction of the class or interfering with the safety of the school, its staff, students and visitors.

Teachers shall have the authority to remove a student from their classrooms whenever the student substantially disrupts the educational process or substantially interferes with the teacher's authority over the classroom. Substantially disruptive shall mean that the course of instruction has to be discontinued more than momentarily such that it breaks the continuity of the lesson, to address the disruptive conduct of the student. Substantially interferes with the teacher's authority over the classroom shall mean that the student has been insubordinate to the teacher in the presence of the class and has failed to obey the teacher's directives to cease and desist (e.g., at least two directives).

A teacher may remove a student for the remainder of the class upon the first event and for two days of class upon the second or third event. Upon the occurrence of a fourth event, a Principal's suspension shall occur.

Notwithstanding the above, in light of circumstances that warrant suspension, a Principal's suspension for substantially disruptive behavior may be implemented in addition to or in lieu of removal of the student from the classroom by the teacher.

Once the teacher determines that the student has been substantially disruptive or substantially interferes with the teacher's authority over the classroom:

• prior to removal from the classroom (or within 24 hours of removal where the student presents an ongoing threat of disruption or an immediate or continuing danger at the time of removal), the teacher shall inform the student of the basis for the removal and allow the student to informally present his/her version of the relevant events;
• the Building Principal or designee must be notified immediately, in writing, by the teacher of the student's removal from the teacher's class;
• the Building Principal or designee must inform the student's parent of the removal and the reasons therefor within 24 hours of the student's removal;
• upon request, the student and his/her parent must be given an opportunity for an informal conference with the Principal or designee to discuss the reasons for removal. If the student denies the charge(s), the Principal or designee must provide an explanation of the basis for the removal and allow the student and/or his/her parent an opportunity to present the student's version of the relevant events within 48 hours of the student's removal.
• the Principal or designee may not set aside the removal unless s/he finds that the charges against the student are not supported by substantial evidence or the student's removal otherwise violates law or the conduct warrants suspension from school and a suspension will be imposed.
• the Principal/designee determination on whether or not to support the teacher's removal of the student shall be made by the close of business on the day succeeding the 48-hour period for the informal Principal's removal conference. The teacher who causes the removal may be required to attend the Principal's conference at the Principal's discretion.

The District shall provide continued educational programming and activities for students who are removed from their classrooms.

An appeal brought by the parent or student over the age of 18 of a Principal's removal decision must be presented within 30 days to the Superintendent of Schools prior to any further appeal.

STUDENT SUSPENSION PROCESS

The Board of Education, District Superintendent, Superintendent of Schools or in their absence, an Acting Superintendent of Schools, a Building Principal or in their absence, an Acting Principal, may suspend a student from school where it is determined that the student:

• is insubordinate or disorderly, or exhibits conduct which endangers the safety, morals, health or welfare of others; or
• exhibits a physical or mental condition(s) which endangers the health, safety or morals of themself or of other students; or
• is removed from a classroom for substantially disrupting the educational process or substantially interfering with the teacher's authority in the classroom four or more times in one semester.

In addition to the statutory grounds for suspension from school for conduct or health condition, students shall also be subject to suspension based upon a violation of the specific disciplinary infractions as identified herein.

In-School Suspension

In-school suspension is when a student is placed in an alternate setting within the school building for either part of or a full day and provided with substantially equivalent alternative education. An informal conference must be offered and held (if requested) prior to imposing an in-school suspension by a person with suspension authority who is familiar with the facts underlying the in-school suspension and who is authorized by the Code of Conduct to impose the in-school suspension.

Out-of-School Suspension

1. Pre-Suspension Process

Prior to being suspended from school, the student shall be confronted by an official empowered to suspend, at which time the evidence upon which the preliminary or tentative decision to suspend is based shall be stated to the student and the

student shall be given the opportunity to explain their version of the facts. The student shall also be given the right to present other persons to the suspending authority in support of their version of the facts. If the student's presence in the school poses an immediate or continuing danger to persons or property or an ongoing threat of disruption to the academic process, such informal conference shall occur following suspension, as soon thereafter as is reasonably practicable.

2. Short Term Suspension Process

A student whose presence poses an immediate or continuing danger to persons or property or an ongoing threat of disruption to the academic process may be immediately suspended by an official empowered to suspend. The student must be confronted by the official empowered to suspend and informed of the code violation(s) and given an opportunity to explain their version of the events (This is the pre-suspension process explained above). Thereafter, the written notification and informal conference process described below at Paragraph “B” shall be used.

1. Prior to a proposed suspension from school for between one and five days by an official empowered to suspend, the student and their parent shall be notified, in writing, by personal delivery, express mail or overnight service, and by telephone, if possible, within 24 hours of the decision to propose suspension.
    
2. Such written notice shall include a description of the incident(s) resulting in the suspension and shall inform the parent of their right to request an immediate informal conference with the official empowered to suspend at which the student and/or their parent may present the student's version of the event and ask questions of complaining witnesses. Upon such request, an informal conference with the official empowered to suspend and other parties involved shall be convened as soon as possible, [at which time the evidence, including the witness(es) relied upon by the official empowered to suspend in making the suspension determination, may be questioned by the parent or guardian.] The right to an informal conference with the official empowered to suspend shall also extend to a student if 18 years of age or older. The notice and informal conference shall be in the dominant language or mode of communication used by the parent. If the student's presence in the school poses an immediate or continuing danger to persons or property or an ongoing threat of disruption to the academic process, the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practicable.

Any appeal of an out-of-school suspension brought by the parent or student over the age of 18 of a suspension must be presented in writing within 30 days to the Board of Education prior to filing any further appeal.

3. The Long-term Suspension Process: Suspension for More than Five Days

Any suspension from school in excess of five school days shall be considered a long-term suspension. Unless there is an agreement between the person requesting the suspension and the parent, a long-term suspension may be done only after the Superintendent of Schools or the Board of Education has conducted a hearing.

When a student is subject to a long-term suspension, a hearing shall be conducted by the Superintendent if the Building Principal, acting Building Principal or the Superintendent has made the original suspension, or before the Board where that body has made the original suspension. The Superintendent of Schools or Board of Education may designate a Hearing Officer to make findings of fact with respect to the charges of infractions under this Code of Conduct, as well as penalty recommendation pursuant to the penalty parameters described herein.

4. Hearings

In the event of the suspension of a student under the age of 18 years, the notice of suspension will be mailed or delivered to the parent, who shall have a minimum of 48 hours notice of the time and place of the hearing, as well as the nature of the charge(s) and the facts, sufficiently stated so that a proper defense may be placed upon the record on behalf of the student.

In the event of the suspension of a student over the age of 18, the notice, as described above, shall be delivered or mailed to the student, as well as to the student's parent(s), if any. Emancipated minors shall be entitled to the same notice rights as a student beyond the age of 18 years.

All notices of long-term suspension hearings shall contain provisions indicating that the student has the right to be represented by an attorney or lay counsel, that a transcript of the hearing will be prepared (tape recording or stenographic record) and that the student has the right to subpoena witnesses or otherwise present witnesses in their defense. The time, date and location of the hearing shall also be prominently set forth in the notice. If the student is 18 years of age or older, the letter described above will be mailed to the student as well as their parent.

The Long-Term Suspension Hearing

The hearing shall be conducted by the Superintendent or a designated Hearing Officer in the event of a suspension by a Building Principal, acting Building Principal; or the Superintendent. The hearing shall be conducted by the Board or its designated Hearing Officer in the event that the suspension originated by Board action.

At the beginning of the hearing, the Hearing Officer shall inform the student and the student's representative(s):

• that the District's and the student's representatives shall have the right to examine and cross-examine witnesses;
• that the student has the privilege against self-incrimination, but that if the student does testify, they shall be subject to cross-examination;
• that the District has the burden of proving the charges by a preponderance of the credible evidence;
• that an audio or written transcript of the proceedings shall be maintained and made available to the student's representative upon request; and
• that the hearing shall be private or open to the public, as determined by the student's representative.

The person conducting the hearing shall not have intimate knowledge of the details of the charges to assure an impartial, unbiased hearing of the case.

 

The Hearing Officer shall inform the parties:

• that the case will proceed by having the District present its evidence through witnesses and other evidence first;
• that the District's witnesses shall be subject to cross-examination by the student's representative; and
• that the student will then have the opportunity to present witnesses on his/her behalf, subject to cross-examination by the District's representative.

Following the conclusion of the testimony and the introduction of other evidence matters, the parties shall be afforded the opportunity to present oral arguments to the Hearing Officer indicating the reasons why the charges should be sustained or dismissed.

The Hearing Officer shall then reach findings of fact upon the charges.

In the event that one or more of the charges is sustained, the Hearing Officer shall then entertain statements from the parties regarding the appropriate penalty outcome. In the event that the parent and/or the student, in an appropriate case, have been served with a copy of the student's past disciplinary anecdotal record in a timely fashion (at least 48 hours before the hearing), for consideration at the hearing, such record may be considered by the Hearing Officer in determining an appropriate penalty. The incidents contained within the past anecdotal record shall be subject to proof to the extent that they are denied by the student, as expressed by the student's representative.

The Hearing Officer, upon the conclusion of the portion of the proceedings dealing with penalty determinations, shall make findings of fact and penalty recommendations, if any, to the person or body which designated him/her immediately upon the conclusion of the long-term suspension hearing.

The Superintendent or Board, whichever designated the Hearing Officer, shall make its own findings of fact and penalty decision, by adopting those of the designated Hearing Officer, where applicable, in whole or in part, or by reaching independent findings of guilt or innocence determination and penalty determinations. This process shall be concluded within the five school day period from the time of the initial suspension if the student is to be continuously suspended. The decision may be communicated to the student's representative and/or student (where over the age of 18) beyond the five school day period in cases where the student has been reinstated to attendance in school pending the final determination on the charges and penalty by the Superintendent or the Board, in cases to be decided by them, respectively.

Alternative Instruction

Pursuant to the Education Law, neither students who are of compulsory school age, nor a student with a disability pursuant to the IDEA shall be suspended from school in his/her regularly scheduled classes without being provided alternative equivalent instruction, either in the form of home instruction or instruction in an appropriate interim alternative educational setting. Such instruction shall be of an equivalent nature to that provided in the student's regularly scheduled classes. A good faith effort shall be made to provide such alternative instruction immediately.

In the event that a student within the compulsory education ages of six and the school year in which s/he becomes 16 is suspended from school in excess of five school days, alternative equivalent instruction shall be provided for the duration of the period of suspension.

Appeals Process

The decision of the Superintendent with respect to the findings of fact sustaining charges in a long-term suspension hearing and/or penalty determination shall be subject to appeal [or may be appealed] in writing to the Board of Education within 30 calendar days of receiving the written decision of the Superintendent of Schools. The Board shall review the record of the proceedings before the Superintendent or his/her designated Hearing Officer, including a review of the transcript of the proceedings, documentary evidence and written arguments of the representatives of the respective parties, if any. The Board does not provide the representatives of the respective parties with the opportunity either to present evidence not previously in the record or to make arguments in person before the Board.

In the event that the initial long-term suspension hearing was conducted by the Board or its designated Hearing Officer, or where the Board has ruled on an appeal from a Superintendent's long-term suspension hearing, the matter may be further appealed to the Commissioner of Education within 30 calendar days from receipt of the final decision.

5. Off-Campus Misconduct

A student may be subject to discipline for conduct constituting a crime, or other misconduct, which is committed off of school premises or at non-school sponsored activities, to the extent that the Superintendent of Schools and/or Board of Education believes that the continued attendance in school of the student would constitute an endangerment to the health, safety, welfare or morals of the student and/or others in our schools.

6. Dress Code

Students are expected to dress and groom themselves in an appropriate manner. Students must be dressed in appropriate clothing and protective equipment as required for physical education classes, participation in athletics, science laboratories and home and careers skills classes.

The following are considered to be inappropriate dress, grooming and appearance and are prohibited in school or at school functions:

• any dress or appearance which constitutes a threat or danger to the health and safety of students (e.g., heavy jewelry or jewelry with spikes which can injure the student or others);
• any dress or appearance which is vulgar, lewd, obscene or indecent or profane or which exposes to sight the private parts of the body (e.g., t-shirts with a phallic symbol and messages consisting of vulgar or sexual metaphors; see-through garments, or when underwear is visible;
• any dress or appearance which encourages or advocates the use of illegal drugs, alcohol and/or tobacco and/or nicotine products;
• any dress or appearance which advocates or encourages illegal or violent activities;
• any dress or appearance which advocates discrimination or denigrates others based upon race, color, creed, religion, national origin, sex, gender, gender identity or expression, sexual orientation, marital status, military status or disability;
• the wearing of hoods indoors; and
• the wearing of hats in the classroom (unless worn for religious or medical reasons).

7. Computer and Internet Use

The following uses of District-owned electronic devices, network facilities, and Internet access are strictly prohibited and may result in disciplinary action:

1. Any prohibited activity defined in the district’s Acceptable Use Policy (AUP), including unauthorized commercial activity, copyright infringement, or access to restricted material.
2. Electronic communication (including email, social media, or messaging) that is lewd, vulgar, obscene, or threatening, or that constitutes harassment or cyber-bullying.
3. Attempts to circumvent, disable, or reconfigure the District’s security filters, firewalls, or internet monitoring systems.
4. Use of the network for non-school-related activities that cause substantial interference with the orderly functioning of the District.
5. Falsely attributing personal communications to school officials or implying official District endorsement without authorization.
6. Permitting the use of a student's credentials by any other person. Such students shall assume responsibility for any violations of this Code of Conduct that occur under the student's credentials.

Violations of these terms may result in the suspension or revocation of network access privileges and, where applicable, further administrative or legal action.

8. Use of Internet-Enabled Devices (as per Policy 5695)

Except as otherwise specified in this policy, the use of internet-enabled devices by students is strictly prohibited during the school day anywhere on school grounds.

Device Storage Guidelines:

• Elementary: Internet-enabled devices and other electronic devices must be turned off and stored in cubbies or lockers as determined by the school.
• Secondary: Internet-enabled devices must be turned off and stored in lockers with locks. Devices must be turned off and out-of-sight during the school day while on school district property except when their use is explicitly requested by a classroom teacher and approved by the building principal for instructional purposes. No other use of these devices is permitted during the school day.

Exceptions:

Students may use internet-enabled devices during the school day for the following non- instructional purposes:

• When necessary for the management of a student’s documented healthcare needs, upon approval by the District Medical Director;
• In the event of an emergency;
• For translation services for ENL students;
• On a case-by-case basis with prior approval of the administration where, for example, a student serves as a caregiver responsible for a family member’s well-being;
• When otherwise required by law, such as when such use is required by a student’s Individualized Education Program (IEP) or a Section 504 Plan.

Parent/Guardian and Student Communication During the School Day:

Parents/Guardians who need to contact their child during the school day may do so by contacting the School’s Main Office by telephone or email to relay an urgent message to a student during the school day.

In the event of a personal emergency, students may request access to a school telephone to contact their parent/guardian during the school day.

All families will receive a written summary of emergency contact procedures annually and upon enrollment.

Responsibility

The decision to bring internet-enabled devices and other electronic devices to school or school sponsored events rests with the individual student and their parents/guardians, and therefore the responsibility for such devices rests solely with the individual student. The District discourages bringing such devices to school. The District assumes no responsibility or liability whatsoever in the event that an electronic device of any type is damaged, misplaced or stolen during the school day, when on school property even if stored in a secure facility or when in attendance at a school sponsored event, whether on or off of school property. The School District further assumes no responsibility or liability for any communication bill associated with the authorized or unauthorized use of said devices.

9. Suspension from Transportation Service

Students may be suspended from transportation services for an infraction or infractions listed herein upon the conducting of an informal hearing by the Superintendent of Schools or his/her designee, at which time the student's parent/guardian or other representative shall be allowed to confront the witnesses relied upon by the District in determining the appropriateness of such suspension of service. If such informal hearing is conducted before the Superintendent's designee, the designee shall make a recommendation to the Superintendent as to the action to be taken.

10. Suspension from Extra-Curricular and Co-Curricular Activities, and School Functions

A student may be suspended from participating in extra-curricular or co-curricular activities (including a sports team) for an infraction of any of the provisions herein, for violating a code of conduct issued to participants in the activity by the activity supervisor. Upon the request of the student's parent/guardian, the Building Principal shall allow the parent/ guardian or other representative of the student the right to appear before him/her informally, to discuss the conduct which led to suspension from the activity. The principal will have final authority to sustain the suspension or impose a lesser consequence.

If a student is suspended from school pursuant to §3214 of the Education Law, s/he shall not be permitted to participate in any extra-curricular or co-curricular activities, as well as any other school events or activities which take place on the days of suspension (including intervening weekends).

11. Suspension of Students with Disabilities

In the event that a student has a known disability or when school officials can be deemed to know, in accordance with law, that a student has a disability, the District will first proceed to conduct a §3214 disciplinary proceeding for any suspension of more than five days. The §3214 disciplinary proceeding will be held in two parts, first to determine the student's guilt or innocence on the charges and the second to determine the penalty.

If guilt is determined, before a penalty may be imposed, the following rules shall apply:

Section 504/Title II ADA Disability

Before discipline may be meted out for a student with a disability or suspected disability founded solely under

§504 of the Rehabilitation Act of 1973 (hereinafter §504)/Title II of the Americans with Disabilities Act (hereinafter the ADA), the §504 multi-disciplinary committee (hereinafter the §504 Committee) must make a determination of whether the conduct underlying the charge(s) was a manifestation of the disability.

1. If a nexus is found between the disability and the conduct underlying the charges, the §3214 proceeding must be discontinued and the matter placed under the jurisdiction of the §504 Committee for any further consideration. The §504 Committee must register a referral and bring about an evaluation of a student with a suspected disability or, if the student is already eligible under §504, it must consider possible program modification and disposition on a non-disciplinary basis.
    
2. If no nexus is found, yet a disability is indicated or has been identified, discipline may be imposed upon remand to the §3214 Hearing Officer. Students whose sole disabilities are founded under §504 and for whom no nexus is found shall be disciplined in the same manner as their non-disabled peers.

Any penalty imposed may not be based on past behavior as progressive discipline for which a nexus determination was not made.

The School District must continue to provide a free appropriate public education to students who have been suspended from school as required by the regulations implementing §504 (34 CFR §104 et. seq.).

IDEA Disability

Before discipline may be meted out for a student classified or deemed to be known as having a disability under the Individuals with Disabilities Education Act (hereinafter IDEA) [a student with an educational disability], the Manifestation Team or Committee on Special Education (hereinafter the CSE) must make a determination of whether the conduct underlying the charges was a manifestation of the disability.

 

1. If a nexus is found between the disability and the conduct, the §3214 proceeding must be discontinued (except for weapons, drugs and dangerous behavior) and the matter placed under the jurisdiction of the CSE for any further consideration. The CSE must register a referral and bring about an evaluation in the case of a student who may be deemed to be known as having a disability or, if the student is already classified under IDEA, it must consider possible program modification and disposition on a non-disciplinary basis.
    
2. If no nexus is found, yet nonetheless a disability is indicated or has been identified, discipline may be imposed upon remand to the §3214 Hearing Officer. The relevant disciplinary procedures applicable to children without disabilities may be applied in the same manner in which they would be applied to children without disabilities, as long as the child continues to receive a free appropriate public education during any such term of suspension.
    
3. Where no nexus is found and no suspected disability is determined to exist, the matter shall be remanded to the §3214 Hearing Officer for a determination of penalty.

Any penalty imposed may not be based on past behavior for which a nexus determination was not made.

The CSE shall recommend an Interim Alternative Education Setting when students with disabilities are suspended for 10 school days or more.

The School District must continue to provide a free appropriate public education to students who have been suspended from school.

Suspensions Beyond Ten (10) School Days

A student with a disability or suspected disability founded solely under §504/Title II of the ADA may not be suspended for more than 10 school days unless the §504 Committee has conducted a nexus determination and found that the behavior underlying the disciplinary charges were not a manifestation of the student's disability.

A student classified or deemed to be known as having an educational disability under IDEA may not be suspended for more than 10 school days unless:

1. The CSE has made a determination that the student's misconduct was not related to the student's disability unless the conduct involved weapons, drugs, or serious bodily injury;
2. The School District obtains a court order authorizing the suspension;
3. The disciplinary charges involve the carrying of a weapon to school or a school function, the knowing possession, use or sale of illegal drugs at school or a school function or conduct which involved a serious bodily injury;
4. The parent or student 18 years of age or older gives their consent, in writing.

In determining a disciplinary outcome, a §3214 Hearing Officer and/or decision making authority may not consider incidents in the past anecdotal record of a student with a disability under §504/Title II ADA and/or IDEA, or suspected of being disabled unless there has been a negative manifestation determination regarding such incident(s) by the §504 Team or CSE, respectively.

Suspensions for Misconduct Involving Weapons and/or Drugs and/or Serious Bodily Injury

A student classified or deemed to be known as having an educational disability under IDEA may be suspended and placed in an interim alternative educational setting for up to forty-five (45) days (less if the discipline is for a non-disabled student would be less), if the student carries a weapon to school or a school function, or knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance while at school or a school function or engages in conduct constituting a serious bodily injury.

1. In accordance with law, the term weapon means 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 that such term does not include a pocket knife with a blade of less than 2-1/2 inches in length.
    
2. In accordance with law, the term illegal drugs means controlled substances but not those legally possessed or used under the supervision of a licensed healthcare professional or other permitted authority under the Federal Controlled Substances Act or under any other provision of Federal law. Controlled substances are drugs and other substances identified under schedules set forth in applicable Federal law provisions.
    
3. In accordance with law, the term “Serious Bodily Injury” means bodily injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty.

Before a student is suspended and placed in an interim alternative educational setting for up to 45 days for behavior involving weapons and/or drugs, the CSE must conduct a manifestation determination and a functional behavioral assessment, as well as implement a behavioral intervention plan that addresses the

behavior underlying the disciplinary proceeding or review any such pre-existing plan for modification, if necessary.

1. Placement in an interim alternative educational setting as a result of conduct involving weapons and/or drugs is not contingent upon a CSE determination that the misconduct is not related to the student's disability.
2. It is up to the CSE to determine what would constitute an interim alternative educational setting that would meet the requirements of the student's IEP and enable the student to participate in the general curriculum (although in another setting).

The exception allowing for the suspension/removal of students with educational disabilities for up to 45 days for conduct involving weapons and/or drugs and/or serious bodily injury does not apply to students whose disabilities are founded solely upon §504/Title II ADA.

Such an interim alternative educational setting shall be deemed the student's stay put placement during the pendency of any due process proceedings contesting the interim alternative educational setting for the duration of the interim placement.

Dangerous Students

To continue the suspension of a student classified or deemed to be known as having an educational disability under IDEA for more than 10 school days, the School District may initiate a hearing before a special education impartial hearing officer who can order the placement of the student in an interim alternative setting for up to 45 days.

1. The CSE must conduct a nexus determination within 10 school days of the initial disciplinary action. Placement in an interim alternative educational setting as a result of dangerous behavior is not contingent upon a CSE determination that the misconduct is not related to the student's disability.
    
2. It is up to the CSE to determine what would constitute an interim alternative educational setting.
    
3. The hearing officer may grant such if maintaining the student in the current placement is substantially likely to result in injury to the student and/or others, and the School District has made reasonable efforts to minimize the risk of harm in the current placement. The hearing officer must also consider the appropriateness of the student's current placement and whether the interim alternative educational setting meets all the requirements of the student's IEP, including continued participation in the general curriculum (although in another setting) with an appropriate behavioral component.

Such an interim alternative educational setting shall be deemed the student's stay put placement during the pendency of any due process proceedings contesting the interim alternative educational setting for the duration of the interim placement.

Declassified Students

In accordance with law, the CSE must conduct a manifestation determination in the case of a student with an educational disability who has been declassified if the disciplinary matter involves behavioral problems.

12. Disciplinary Measures

The following shall constitute appropriate disciplinary measures authorized by this Student Code of Conduct:

1. Warnings (oral or written).
2. Confiscation.
3. Detention.
4. Restricted study/Alternative learning center (In-school suspension).
5. Suspension from school for up to five (5) school days.
6. Suspension from school in excess of five (5) days.
7. Suspension from school for at least one (1) year for possession of a weapon pursuant to the Gun-Free Schools Act of 1994 (subject to the right of the Superintendent to modify such penalty) or, in the case of a student with a disability whose possession of a weapon is determined not to be related to his/her disability, placement in an interim alternative educational setting for a period of up to forty-five (45) days.
8. Placement in an interim alternative educational setting for a period of up to forty-five (45) days, in the case of a student with a disability whose knowing possession or use of illegal drugs, or sale or solicitation of the sale of a controlled substance at a school or a school function is determined not to be related to his/her disability.
9. Permanent suspension (Expulsion).
10. Referral to Police

13. Serious Violations of Code of Conduct

Students, teachers and other District personnel must immediately, or as soon as is reasonably practicable, report any serious violation of this Code of Conduct of which they have firsthand knowledge, or otherwise have reasonable suspicion to believe, to any building administrator where the violation occurred. A serious violation means any infraction where an asterisk (*) appears beneath the infractions.

14. Infractions with Penalty References - The penalty ranges that appear next to each infraction in the following section need not be implemented sequentially but rather any discipline within the range for the infraction may be imposed within the discretion of the disciplinary authority. Consequences will be applied at the discretion of the administrator and may vary in method and severity according to the nature of the behavior, the developmental age of the student, and the student’s discipline history. Parent contact may be made for any infraction as either a consequence and or as notification of a consequence. A referral to law enforcement may be made for any crime occurring on school grounds, at school sponsored activities, through electronic communications, or off campus, if a potential danger exists to the health, safety, welfare or morals within our schools, even if not expressly indicated in the range of consequences for infractions below.

 

 

 

 

 

 

 

 

 

 

 

Consult the Guidelines for Athletic participation, the Constitution of the Student Government and the rules governing acceptance and participation in Honor Societies for possible additional consequences.

THE REPEATING OF AN INFRACTION MAY LEAD TO THE IMPOSITION OF ADDITIONAL MEASURES OF DISCIPLINE. SCHOOL AUTHORITIES HAVE THE RIGHT TO ADJUST THE PENALTIES FOR INFRACTIONS BASED ON THE CIRCUMSTANCES INVOLVED IN AN INDIVIDUAL CASE.

PUBLIC CONDUCT ON SCHOOL PROPERTY

The Board of Education recognizes that the primary purpose of the School District is to provide a superior atmosphere for learning and education. Any action by an individual or group(s) aimed at disrupting, interfering with or delaying the education process or having such effect, is prohibited. The Board also recognizes its responsibility to protect school property and declares its intent to take any and all legal action to prevent its damage or destruction. The Board will also seek restitution from, and prosecution of, any person or persons who willfully damage school property.

 

These rules govern the conduct of students, parents, faculty and other staff, other visitors, licensees, invitees, and all other persons, whether or not their presence is authorized, upon district property, and also upon or with respect to any other premises or property (including school buses) under the control of the District and used in its instructional programs, administrative, cultural, recreational, athletic, and other programs and activities, whether or not conducted on school premises. Policy #1520, #1520-R.

PROHIBITED CONDUCT

No person, either singly or in concert with others, shall:

• willfully cause physical injury to any other person, or threaten to do so, for the purpose of compelling or inducing such other person to refrain from any act which s/he has a lawful right to do, or to do any act which s/he has a lawful right not to do;
• intimidate, harass or discriminate against any person;
• physically restrain or detain any other person, or remove such person from any place where s/he is authorized to remain;

• exhibit unruly or disruptive conduct at school event(s), whether or not conducted on school premises;

• willfully damage or destroy property of the District or under its jurisdiction, or remove or use such property without authorization;
• without permission, expressed or implied, enter into any private office of an administrative officer, member of the faculty or staff member;
• enter upon and remain in any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others;
• without authorization, remain in any building or facility after it is normally closed;
• refuse to leave any building or facility after being required to do so by an authorized administrative officer, member of the faculty or staff member, or member of the Board of Education;
• obstruct the free movement of persons and vehicles in any place to which these rules apply;
• violate posted speed limits on school property;
• deliberately disrupt or prevent the peaceful and orderly conduct of classes, lectures, meetings, and/or school events or deliberately interfere with the freedom of any person to express his/her views, including invited speakers;
• knowingly have in his/her possession upon any premises to which these rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon without written authorization of the Superintendent of Schools or his/her designee, whether or not licensed to possess the same has been issued to such person; and/or
• have in his/her possession or use of illegal drugs, dangerous drugs, counterfeit drugs, marijuana, synthetic marijuana, and alcohol;
• have in his/her possession tobacco (minors); use of tobacco (all);
• use a skateboard, all-terrain vehicles (ATV), or off-road vehicles on school property;
• have a pet of any kind on school property without prior authorization;
• willfully incite others to commit any of the acts herein prohibited with specific intent to procure them to do so.

PENALTIES AND PROCEDURES

A person who shall violate any of the provisions of these rules shall be subject to the following penalties and procedures: If a licensee or invitee, his/her authorization to remain upon the grounds or other property shall be withdrawn and s/he shall be directed to leave the premises. In the event of failure to do so, s/he shall be subject to ejection. Further, said person may be subject to suspension of the privilege to be present at school activities, in school buildings, on school grounds and at school facilities for up to one year, as determined upon inquest proceedings conducted by the Superintendent of Schools.

• If trespasser or visitor without specific license or invitation, s/he shall be subject to ejection and/or arrest. Further, said person may be subject to suspension of the privilege to be present at school activities, in school buildings, on school grounds and at school facilities for up to one year, as determined upon inquest proceedings conducted by the Superintendent of Schools.
• If s/he is a student, s/he shall be subject to disciplinary action as the facts of the case may warrant, as prescribed by §3214 of the Education Law and the Student Code of Conduct. In the case of a graduating senior, the penalties and procedures applicable to trespassers shall apply.
• If a faculty member, s/he shall be subject to disciplinary action as prescribed by and in accordance with procedures of the Education Law and the applicable collectively negotiated agreement.
• If a staff member in the classified service of the Civil Service, described in §75 of the Civil Service Law, s/he shall be guilty of misconduct and subject to the penalties and procedures prescribed in said section and be subject to ejection.
• If a staff member other than one described above, s/he shall be subject to discipline in accordance with law and any applicable collectively negotiated agreement.

ENFORCEMENT PROGRAM

 

1. The Superintendent of Schools shall be responsible for the enforcement of these rules, and s/he shall designate the other personnel who are authorized to take action in accordance with such rules when required or appropriate to carry them into effect.
2. In the case of any apparent violation of these rules by such persons, which, in the judgment of the Superintendent or his/her designee, does not pose any immediate threat of injury to person or property, such officer may make reasonable effort to learn the cause of the conduct in question and to persuade those engaged therein to desist and to resort to permissible methods for resolution of any issues which may be presented. In doing so such officer shall warn such persons of the consequences or persistence in the prohibited conduct, including their ejection from any district properties where their continued presence and conduct is in violation of these rules.

 

3. In any case where violation of these rules does not cease after such warning and in other cases of willful violation of such rules, the Superintendent or his/her designee shall cause the ejection of the violator from any premises which s/he occupies in such violation and shall initiate disciplinary action hereinbefore provided.

 

4. The Superintendent or his/her designee may apply to the public authorities for any aid which s/he deems necessary in causing the ejection of any violator of these rules and s/he may request the Board's Legal Counsel to apply to any court of appropriate jurisdiction for any injunction to restrain the violation or threatened violation of such rules.

 

THIS CODE AND THE PENALTIES SET FORTH HEREIN ARE NOT CONSIDERED TO BE INCLUSIVE OR TO PRECLUDE IN ANY WAY THE PROSECUTION AND CONVICTION OF ANY PERSON FOR THE VIOLATION OF ANY FEDERAL OR STATE LAW OR LOCAL POLICY AND/OR ORDINANCE AND THE IMPOSITION OF A FINE OR PENALTY PROVIDED FOR THEREIN.