I.    INTRODUCTION

    The Waterford-Halfmoon School District's Board of Education ("Board") is committed to providing a safe and orderly school environment where students may receive and district personnel may deliver quality educational services without disruption or interference.  Responsible behavior by students, teachers, other district personnel, parents and other visitors is essential to achieving this goal.

    The district has a long-standing set of expectations for conduct on school property and at school functions.  These expectations are based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty and integrity.

    The board recognizes the need to clearly define these expectations for acceptable conduct on school property, to identify the possible consequences of unacceptable conduct, and to ensure that discipline, when necessary, is administered promptly and fairly.  To this end, the board adopts this Code of Conduct ("Code")

    Unless otherwise indicated, this Code applies to all students, school personnel, parents and other visitors when on school property or attending a school function.

II. DEFINITIONS

    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 Section 142.

    "School function" means any school-sponsored extra-curricular event or activity.

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

1.        Commits an act of violence upon a school employee, or attempts to do so.

2.        Commits, while on school property or at a school function, an act of violence upon another student or any other person lawfully on school property or at the school function, or attempts to do so.

3.        Possesses, while on school property or at a school function, a weapon.

4.        Displays, while on school property or at a school function, what appears to be a weapon.

5.        Threatens, while on school property or at a school function, to use a weapon.

6.        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.

7.        Knowingly and intentionally damages or destroys school district property.

    "Weapon" means a firearm as defined in 18 USC Section 921 for purposes of the Gun-Free Schools Act.  It also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger, dirk, razor, stiletto, switchblade knife, gravity knife, brass knuckles, sling shot, metal knuckle knife, box cutter, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper spray or other noxious spray, explosive or incendiary bomb, or other device, instrument, material or substance that can cause physical injury or death when used to cause physical injury or death.

III.     STUDENT RIGHTS AND RESPONSIBILITIES

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:

1.   Take part in all district activities on an equal basis regardless of race, color, creed, national origin, religion, gender or sexual orientation or disability.

2.        Present their version of the relevant events to school personnel authorized to impose a disciplinary penalty in connection with the imposition of the penalty.

3.        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:

1.        Contribute to maintaining a safe and orderly school environment that is conducive to learning and to show respect to other persons and to property.

2.        Be familiar with and abide by all district policies, rules and regulations dealing with student conduct.

3.        Attend school every day unless they are legally excused and be in class, on time, and prepared to learn.

4.        Work to the best of their ability in all academic and extracurricular pursuits and strive toward their highest level of achievement possible.

5.        React to direction given by teachers, administrators and other school personnel in a respectful, positive manner.

6.        Work to develop mechanisms to control their anger.

7.        Ask questions when they do not understand.

8.        Seek help in solving problems that might lead to discipline.

9.        Dress appropriately for school and school functions.

10.     Accept responsibility for their actions.

11.     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.

IV.    ESSENTIAL PARTNERS

A.      Parents - All parents are expected to:

1.        Recognize that the education of their child(ren) is a joint responsibility of the parents and the school community.

2.        Send their children to school ready to participate and learn.

3.        Ensure their children attend school regularly and on time.

4.        Ensure absences are excused.

5.        Insist their children be dressed and groomed in a manner consistent with the student dress code.

6.        Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly environment.

7.        Know school rules and help their children understand them.

8.        Convey to their children a supportive attitude toward education and the district.

9.        Build good relationships with teachers, other parents and their children's friends.

10.     Help their children deal effectively with peer pressure.

11.     Inform school officials of changes in the home situation that may affect student conduct or performance.

12.     Provide a place for study and ensure homework assignments are completed.

B.       Teachers - All district teachers are expected to:

1.        Maintain a climate of mutual respect and dignity, which will strengthen students' self-concept and promote confidence to learn.

2.        Be prepared to teach.

3.        Demonstrate interest in teaching and concern for student achievement.

4.        Know school policies and rules, and enforce them in a fair and consistent manner.

5.        Communicate to students and parents:

a.        Course objectives and requirements

b.       Marking/grading procedures

c.        Assignment deadlines

d.       Expectations for students

e.        Classroom discipline plan.

6.        Communicate regularly with students, parents and other teachers concerning growth and achievement.

C.       Guidance Counselors

1.        Assist students in coping with peer pressure and emerging personal, social and emotional problems.

2.        Initiate teacher/student/counselor conferences, as necessary, as a way to resolve problems.

3.        Regularly review with students their educational progress and career plans.

4.        Provide information to assist students with career planning.

5.        Encourage students to benefit from the curriculum and extracurricular programs.

D.      Principals

1.        Promote a safe, orderly and stimulating school environment, supporting active teaching and learning.

2.        Ensure that students and staff have the opportunity to communicate regularly with the principal and approach the principal for redress of grievances.

3.        Evaluate, on a regular basis, all instructional programs.

4.        Support the development of and student participation in appropriate extracurricular activities.

5.        Be responsible for enforcing the Code of Conduct and ensuring that all cases are resolved promptly and fairly.

E.       Superintendent

1.        Promote a safe, orderly and stimulating school environment, supporting active teaching and learning.

2.        Review with district administrators the policies of the board of education and state and federal laws relating to school operations and management.

3.        Inform the board about educational trends relating to student discipline.

4.        Work to create instructional programs that minimize problems of misconduct and are sensitive to student and teacher needs.

5.        Work with district administrators in enforcing the Code of Conduct and ensuring that all cases are resolved promptly and fairly.

F.       Board of Education

1.        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.

2.        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.

3.        Lead by example by conducting board meetings in a professional, respectful, courteous manner.

V.   STUDENT DRESS CODE

    All students are expected to give proper attention to personal cleanliness and to dress appropriately for school and school functions.  Students and their parents have the primary responsibility for acceptable student dress and appearance.  Teachers and all other district personnel should exemplify and reinforce acceptable student dress and help students develop an understanding of appropriate appearance in the school setting.

    A student's dress, grooming and appearance, including hair style/color, jewelry, make-up and nails shall:

1.        Be safe, appropriate and not disrupt or interfere with the educational process.

2.        Recognize that extremely brief garments such as tube tops, net tops, halter tops, spaghetti straps, plunging necklines (front and/or back) and see-through garments are not appropriate.

3.        Ensure that underwear is completely covered with outer clothing.

4.        Include footwear at all times.  Footwear that is a safety hazard will not be allowed.

5.        Not include the wearing of hats in the classroom except for a medical or religious purpose.

6.        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.

7.        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 discipline, up to and including in-school suspension for the day.  Any student who repeatedly fails to comply with the dress code shall be subject to further discipline, up to and including out of school suspension.

VI.  PROHIBITED STUDENT CONDUCT

    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.  District personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students' ability to grow in self-discipline.

    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.  Examples of disorderly conduct include:

1.        Running in hallways.

2.        Making unreasonable noise.

3.        Using language or gestures that are profane, lewd, vulgar or abusive.

4.        Obstructing vehicular or pedestrian traffic.

5.        Engaging in any willful act which disrupts the normal operation of the school community.

6.        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.

7.        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:

1.        Failing to comply with the reasonable directions of teachers, school administrators or other school employees in charge of students or otherwise demonstrating disrespect.

2.        Lateness for, missing or leaving school without permission.

3.        Skipping detention.

C.       Engage in conduct that is disruptive.  Examples of disruptive conduct include:

1.        Failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of students.

D.      Engage in conduct that is violent.  Examples of violent conduct include:

1.        Committing an act of violence (such as hitting, kicking, punching, and scratching) upon a teacher, administrator or other school employee or attempting to do so.

2.        Committing an act of violence (such as hitting, kicking, punching, and scratching) upon another student or any other person lawfully on school property or attempting to do so.

3.        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.

4.        Displaying what appears to be a weapon.

5.        Threatening to use any weapon.

6.        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.

7.        Intentionally damaging or destroying school district property.

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

1.        Lying to school personnel.

2.        Stealing the property of other students, school personnel or any other person lawfully on school property or attending a school function.

3.        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.

4.        Discrimination, which includes the use of race, color, creed, national origin, religion, gender, sexual orientation or disability as a basis of treating another in a negative manner.

5.        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.

6.        Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm.

7.        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.

8.        Selling, using or possessing obscene material.

9.        Using vulgar or abusive language, cursing or swearing.

10.     Possession of/or smoking a cigarette, cigar, pipe or using chewing or smokeless tobacco.

11.     Possessing, consuming, selling, distributing or exchanging alcoholic beverages or illegal substances, 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."

12.     Inappropriately using or sharing prescription and over-the-counter drugs.

13.     Gambling.

14.     Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner.

15.     Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.

F.       Engage in misconduct while on a school bus.  It is crucial for students to behave appropriately while riding on district buses to ensure their safety and that of other passengers and to avoid distracting the bus driver.  Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior.  Excessive noise, pushing, shoving and fighting will not be tolerated.

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

1. Plagiarism.
2. Cheating.
3. Copying.
4. Altering records.
5. Assisting another student in any of the above actions.

VII.    REPORTING VIOLATIONS

    All students are expected to promptly report violations of the code of conduct to a teacher, guidance counselor, the building principal or his or her designee.  Any student observing a student possessing a weapon, alcohol or illegal substance on school property or at a school function shall report this information immediately to a teacher, the building principal, the principal's designee or the superintendent.

    All district staff who are authorized to impose disciplinary sanctions are expected to do so in a prompt, fair and lawful manner.  District staff who are not authorized to impose disciplinary sanctions are expected to promptly report

violations of the code of conduct to their supervisor, who shall in turn impose an appropriate disciplinary sanction, if so authorized, or refer the matter to a staff member who is authorized to impose an appropriate sanction.

    Any weapon, alcohol or illegal substance found shall be confiscated immediately, if possible, followed by notification to the parent of the student involved and the appropriate disciplinary sanction, if warranted, which may include permanent suspension and referral for prosecution.

    The building principal or 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 letter mailed on the same day as the telephone call is made.  The notification must identify the student and explain the conduct that violated the code of conduct and constituted a crime.

VIII.  DISCIPLINARY PENALTIES

Procedures and Referrals

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

    Disciplinary action, when necessary, will be firm, fair and consistent so as to be the most effective in changing student behavior.  In determining the appropriate disciplinary action, school personnel authorized to impose disciplinary penalties will consider the following:

1.        The student's age.

2.        The nature of the offense and the circumstances which led to the offense.

3.        The student's prior disciplinary record.

4.        The effectiveness of other forms of discipline.

5.        Information from parents, teachers and/or others, as appropriate.

6.        Other extenuating circumstances.

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

    If the conduct of a student is related to a disability or suspected disability,  discipline will be consistent with Special Education law.

A.       Penalties

    Students who are found to have violated the district's Code of Conduct may be subject to the following penalties, either alone or in combination.  The school personnel identified after each penalty are authorized to impose the penalty, consistent with the student's right to due process.

1.        Oral warning - any member of the district staff.

2.        Written warning - bus drivers, hall and lunch monitors, coaches, guidance counselors, teachers, principal, superintendent.

3.        Written notification to parent - bus driver, hall and lunch monitors, coaches, guidance counselors, teachers, principal, superintendent.

4.        Detention - teachers, principal, superintendent.

5.        Suspension of recess – teacher, principal, superintendent.

6.        Lunch detention – attendance clerk, principal, superintendent.

7.        Saturday detention – principal, superintendent

8.        Late detention – principal, superintendent.

9.        Suspension from transportation - director of transportation, principal, superintendent.

10.     Suspension from athletic participation - coaches,  athletic director, principal, superintendent.

11.     Suspension from social or extracurricular activities - activity director, principal, superintendent

12.     Suspension of other privileges - principal, superintendent.

13.     In-school suspension - principal, superintendent.

14.     Removal from classroom by teacher - teachers, principal.

15.     Short-term (five days or less) suspension from school - principal, superintendent, board of education.

16.     Long-term (more than five days) suspension from school - principal, superintendent, board of education.

17.     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 being imposed.  In all cases, regardless of the penalty imposed, the school personnel authorized to impose the penalty must inform the student of the alleged misconduct and must investigate, to the extent necessary, the facts surrounding the alleged misconduct.  All students will have an opportunity to present their version of the facts to the school personnel imposing the disciplinary penalty in connection with the imposition of the penalty.

    Students who are to be given penalties other than an oral warning, written warning or written notification to their parents are entitled to additional rights before the penalty is imposed.  These additional rights are explained below:

1.                    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.  Detention will be imposed as a penalty only after the student's parent has been notified to confirm that there is no parental objection to the penalty and the student has appropriate transportation home following detention.  Parent meetings will be necessary if there is an objection to the detention.

2.                    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. 

In such cases, the student's parent will become responsible for seeing that his or her child gets to and from school safely.  Should the suspension from transportation amount to a suspension from attendance, the district will make appropriate arrangements to provide for the student's education.

          A student subjected to a suspension from transportation is not entitled to a full hearing pursuant to Education Law Section 3214.  However, the student and the student's parent will be provided with a reasonable opportunity for an informal conference with the building principal or the principal's designee to discuss the conduct and the penalty involved.

3.                    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 Section 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.

4.                    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."  The in-school suspension monitor supervises students placed in in-school suspension.  Certified teachers will provide instructional materials and support during the day.

    A student subjected to an in-school suspension is not entitled to a full hearing pursuant to Education Law Section 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.

5.                    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.  These techniques may include practices that involve the teacher directing a student to briefly leave the classroom to give the student an opportunity to regain his or her composure and self-control in an alternative setting.  Such practices may include, but are not limited to: (1) short-term "time out" in an elementary classroom or in an administrator's office; (2) sending a student into the hallway briefly, defined as less than 15 minutes; (3) sending a student to the principal's office for the remainder of the class time only; or (4) sending a student to a guidance counselor social worker or administrator for counseling.  Time-honored classroom management techniques such as these 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/instructional period of the removing teacher only.

    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.

    The teacher must complete a district-established disciplinary removal form and meet with the principal or his or her designee as soon a possible, but no later than the end of the school day, to explain the circumstances of the removal.  The removal form will be presented to the office by the student or courier.  If the principal or designee is not available by the end of the same school day, the teacher will 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, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the student's removal at the last known 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 contact parents.

    The principal may require the teacher who ordered the removal to attend the informal conference.

    If at the informal meeting the student denies the charges, the principal or 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:

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

1.        The charges against the student are not supported by substantial evidence.

2.        The student's removal is otherwise in violation of law, including the district's code of conduct.

3.        The conduct warrants suspension from school pursuant to Education Law Section 3214 and a suspension will be imposed.

    The principal or his or her 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 shall be permitted to return to class until the principal makes a final determination, or the period of removal expires, whichever is less.

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

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

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

6.        Suspension from School

    Suspension from school is a severe penalty, which may be imposed only upon students who are insubordinate, disorderly, violent or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others.

    The board retains its authority to suspend students, but places primary responsibility for the suspension of students with the superintendent and the building principals.

    Any staff member may recommend to the superintendent or the principal that a student be suspended.  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.  All recommendations and 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 recommending the suspension.

    The superintendent or principal, upon receiving a recommendation or referral for suspension of when processing

a case for suspension, shall gather the facts relevant to the matter and record them for subsequent presentation, if necessary.

a.     Short-term (5 days or less) suspension from school

    When the superintendent or principal (referred to as the "suspending authority") proposes to suspend a student charged with misconduct for five days of less pursuant to Education Law Section 3214(3), the suspending authority must immediately notify the student orally.  If the student denies the misconduct, the suspending authority must provide an explanation of the basis for the proposed suspension.  The suspending authority must also notify the student's parents in writing that the student may be suspended from school.  The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the decision to propose suspension at the last known address 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 the parents.

     The notice shall provide a description of the charges against the student and the incident for which suspension is proposed and shall inform the parents of the right to request an immediate informal conference with the principal.  Both the notice and informal conference shall be in the dominant 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 the principal may establish.

    The notice and opportunity for an informal conference shall take place before the student is suspended 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 reasonably practicable.

    After the conference, the principal shall promptly advise the parents in writing of his or her decision.  The principal shall advise the parents that if they are not satisfied with the decision and wish to pursue the matter, they must file a written appeal to the superintendent within five business days, unless they can show extraordinary circumstances precluding them from doing so.  The superintendent shall issue a written decision regarding the appeal within 10 business days of receiving the appeal.  If the parents are not satisfied with the superintendent's decision, they must file a written appeal to the board of education with the district clerk within 10 business days of the date of the superintendents' decision, unless they can show extraordinary circumstances precluding them from doing so.  Only final decisions of the board may be appealed to the Commissioner within 30 days of the decision.

b.    Long-term (more than 5 days) suspension from school

     When the superintendent or building principal determines that a suspension for more than five days may be warranted, he or she shall give reasonable notice to the student and the student's parents for 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 behalf.

    The superintendent shall personally hear and determine the proceeding or may, in his or her discretion, designate a hearing officer to conduct the hearing.  The hearing officer shall be authorized to administer oaths and to issue subpoenas

in conjunction with the 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 to the superintendent.  The report of the hearing officer shall be advisory only, and the superintendent may accept all or any part thereof.

    An appeal of the decision of the superintendent may be made to the board 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 10 business days of the date of the superintendent's decision, unless the parents can show that extraordinary circumstances preclude them from doing so.  The board may adopt in whole or in part the decision of the superintendent.  Final decisions of the board may be appealed to the Commissioner within 30 days of the decision.

c.  Permanent suspension

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

C.       Minimum Periods of Suspension

1.     Students who bring a weapon to school

    Any student, other than a student with a disability, found guilty of bringing a weapon onto school property will be subject to suspension from school for at least one calendar year.  Before being suspended, the student will have an opportunity for a hearing pursuant to Education Law Section 3214.  The superintendent has the authority to modify the one-year suspension on a case-by-case basis.  In deciding whether to modify the penalty, the superintendent may consider the following:

a.        The student's age.

b.       The student's grade in school.

c.        The student's prior disciplinary record.

d.       The superintendent's belief that other forms of discipline may be more effective.

e.        Input from parents, teachers and/or others.

f.         Other extenuating circumstances.

    A student with a disability may be suspended only in accordance with the requirements of state and federal law.

2.        Students who commit violent acts other than bringing a weapon to school

 A 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 days.  If the proposed penalty is the minimum 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 the minimum 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 minimum five-day 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.

3.        Students who are repeatedly substantially disruptive of

the educational process or repeatedly substantially interferes with the teacher's authority over 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 may be suspended from school for at least 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 Section 3214(3-a) and this code on four or more occasions during a semester, or three or more occasions during a trimester.  If the proposed penalty is the minimum five-day suspension, the student and the student's parent 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 the minimum five-day suspension, the student and the student's parent 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 minimum five-day 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.

D.      Referrals

1.        Counseling - The Guidance Office shall handle all referrals of students to counseling.

2.        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:

a.        Being habitually truant and not attending school as required by part one of Article 65 of the Education Law.

b.       Engaging in an ongoing or continual course of conduct which makes the student ungovernable, or habitually disobedient and beyond the lawful control of the school.

c.        Knowingly and unlawfully possessing marijuana in violation of Penal Law Section 221.05.  A single violation of Penal Law Section 221.05 will be a sufficient basis for filing a PINS petition.

3.        Juvenile Delinquents and Juvenile Offenders - The superintendent is required to refer the following students to the County Attorney for a juvenile delinquency proceeding before the Family Court:

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 Section 1.20(42).

  The superintendent is required to refer students age 16 and older or any student 14 or 15 years old who qualifies

for juvenile offender status to the appropriate law

enforcement authorities

IX. 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 Section 3214, the district will take immediate steps to provide alternative means of instruction for the student.

X.      DISCIPLINE OF STUDENTS WITH DISABILITIES

    Please refer to the district's Committee on Special Education.

XI.    CORPORAL PUNISHMENT

    Corporal punishment is any act of physical force upon a student for the purpose of punishing that student.  Corporal punishment of any student by any district employee is strictly forbidden.

    However, in situations where alternative procedures and methods that do not involve the use of physical force cannot reasonably be used, reasonable physical force may be used to:

1.        Protect oneself, another student, teacher or any person from physical injury.

2.        Protect the property of the school or others.

3.        Restrain or remove a student whose behavior interferes with the orderly exercise and performance of school district functions, powers and duties, if that student has refused to refrain from further disruptive acts.

    The district will file all complaints about the use of corporal punishment with the Commissioner of Education in accordance with Commissioner's regulations.

XII.  STUDENT SEARCHES AND INTERROGATIONS

SCHOOL SEARCHES RULES AND PROCEDURES

A.  Philosophy

The Waterford-Halfmoon Union Free School District Board of Education has a duty to adopt reasonable measures to ensure that each student in the District is able to pursue educational opportunities in a safe environment.  Weapons, drugs, alcohol and related contraband increase the likelihood of violence and substance abuse in our schools and pose a direct threat to the education, safety and well-being of the District's students.  The Board of Education believes that the use of drugs and the crimes committed by school-age children, in general, poses a genuine threat to the safe educational environment which the

Waterford-Halfmoon School District ("District") seeks to provide for its students.  The Board of Education desires to be proactive by taking reasonable and legal steps to reduce, eliminate and prevent the use and/or possession of weapons, alcohol and related contraband in the District.

B.  Purpose

1.        It is District policy that the possession, use, sale or transfer of drugs, al