Code of Conduct

PAVILION CENTRAL SCHOOL

CODE

CONDUCT

IMPLEMENTING

PROJECT SAVE & DASA

NOTE: This code of conduct has been drafted to meet the requirements of the Project SAVE legislation (Education Law 2801), section 100.2 (1) of the Commissioner’s regulations and Dignity for all Students Act (DASA) legislation. Unless otherwise noted. All statutory references in the sample code are to the Education Law.

The Board of Education has the exclusive authority to adopt and amend the Code of Conduct. However, the SAVE legislation requires that the code be developed in collaboration with student, teacher, administrator, and parent organizations, school safety personnel and other school personnel (2801(3)). School districts are required to have their new codes of conduct in place by July 1, 2001.

CODE OF CONDUCT TABLE OF CONTENTS

Introduction 3
Definitions 3
Student Rights and Responsibilities 5
Essential Partners 6
Student Dress Code 10
Prohibited Student Conduct 11

A. Category One Behaviors 12

B. Category Two Behaviors 15

C. Pavilion Elementary Penalties & Procedures 17

D. Pavilion CSD Penalties, Procedures & Referrals 19

Alternative Instruction 31
Discipline of Students with Disabilities 31
Corporal Punishment 35
Student Searches and Interrogations 35
Visitors to the School 37
Public Conduct on School Property 37
Publication, Distribution and Review 40

Code of Conduct

I. Introduction

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

The District has a long-standing set of expectations for conduct on school property and at school functions. These expectations are based on the principles of respect, responsibility, personal empowerment and caring.

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, parking lot or land contained with the real property boundary line of a public elementary or secondary school, or in or on a school bus, as defined in Vehicle and Traffic Law 142.

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

“Disability” means (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term must be limited to disabilities which, upon the provision or reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held (Education Law Section 11[4] and Executive Law Section 292[21]).

“Employee” means any person receiving compensation from a school district or employee of a contracted service provider or worker placed within the school under a public assistance employment program, pursuant to title nine B of article five of the Social Services Law, and consistent with the provisions of such title for the provision of services to such district, its students or employees, directly or through contract, whereby such services performed by such person involve direct student contact (Education Law Section s11[4] and 1125[3]).

“Sexual Orientation” means actual or perceived heterosexuality, homosexuality or bisexuality (Education Law Section 11[5]).

“Harassment” means the creation of a hostile environment by conduct or by verbal threats, intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical wellbeing or conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety such conduct, verbal threats, intimidation or abuse includes but is not limited to conduct, verbal threats, intimidation or abuse based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex (Education Law Section 11[7]).

“Emotional Harm” in the context of “harassment and bullying” means harm to a student’s emotional well-being through the creation of a hostile school environment that is so severe or pervasive as to unreasonably and substantially interfere with a student’s education (8 NYCRR Section100.2).

“Race” means a group of persons related by a common descent or heredity. For purposes of enumeration the U.S. Census Bureau uses terms such as: “White/Caucasian”, “Black/African American/African-descent”, “Asian”, “Bi-racial”, “Hispanics/Latinos”, etc. to describe and classify the inhabitants of the United States.

“Color” means the term refers to the apparent pigmentation of the skin, especially as an indication or possible indication of race.

“Weight” means aside from the obvious meaning in the physical sciences, the word is used in reference to a person’s “size”.

“National Origin” means a person’s country of birth or ancestor’s country of birth.

“Ethnic Group” means a group of people who identify with each other through a common heritage including language, culture, and often a shared or common religion and or ideology that stresses ancestry.

“Religion” means specific fundamental beliefs and practices generally agreed to by large numbers of the group or a body of persons adhering to a particular set of beliefs and practices.

“Religious Practice” means a term including practices and observances such as a attending worship services, wearing religious garb or symbols, praying at prescribed times, displaying religious objects, adhering to certain dietary rules, refraining from certain activities, proselytizing, etc.

“Sex” means the biological and physiological characteristics that define men and women. (MALE and FEMALE denote “sex”.)

“Gender” means the socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for men and women. (MASCULINE and FEMININE denote “gender”.)

“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 the 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 921 for purpose of the Gun-Free Schools Act. It also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised dun, 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.

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.

4. To be protected from intimidation, harassment, or discrimination based on actual or perceived race, color, weight, national origin, ethnic group, religion, or religious practice, sex, gender/gender identity, sexual orientation, or disability, by employees or students on school property or at a school-sponsored event, function or activity.

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

6. Control their anger and work to develop mechanisms for self-management.

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.

12. To respect one another and treat others fairly in accordance with the District Code of Conduct and the provisions of the Dignity Act. To conduct themselves in a manner that fosters an environment that is free from intimidation, harassment, or discrimination. To report and encourage others to report any incidents of intimidation, harassment, or discrimination.

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/cope 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.

13. Maintain civil conversations with school personnel and refrain from using abusive or objectionable language.

14. Abide by the rules for visitors to school and school events outlined in Section XI.: Visitors to the Schools and Section XII. Public Conduct on School Property.

15. Teach their children respect and dignity for themselves, and other students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender/gender identity, or sex, which will strengthen the child’s confidence and promote learning in accordance with the Dignity for All Students Act (DASA).

B. Teachers

All district teachers are expected to:

1. Maintain a climate of mutual respect and dignity which will strengthen student’s self-concept and promote confidence to learn.

2. Be prepared to teach.

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

4. Maintain confidentiality about all personal information and educational records concerning students and their families.

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

6. 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.

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

8. Confront issues of discrimination and harassment in any situation that threatens the emotional or physical health or safety of any students, school employee or any person who is lawfully on school property or at a school function.

9. Address personal biases that may prevent equal treatment of all students in the school or classroom setting.

10. Report incidents of discrimination and harassment that are witnessed or otherwise brought to a teacher’s attention to the building administrator and/or Dignity Act Coordinator (DAC) in a timely manner.

C. Counselors

All district counselors are expected to:

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

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

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

4. Maintain confidentiality about all personal information and educational records concerning students and their families.

5. Provide information to assist students with career planning.

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

7. Maintain and encourage a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender/gender identity, or sex, with an understanding of appropriate appearance, language, and behavior in a school setting, which will strengthen students’ self-image and promote confidence to learn.

8. Report incidents of discrimination and harassment that are witnessed or otherwise brought to the counselor’s attention to the building administrator and/or Dignity Act Coordinator (DAC) in a timely manner.

D. Other School Employees

All district employees are expected to:

1. Follow the Code of Conduct; know, abide by and enforce school rules in

a fair and consistent manner.

2. Set a good example for students and other staff by demonstrating dependability, integrity and other standards of ethical conduct.

3. Assist in promoting a safe, orderly and stimulating school environment.

4. Maintain confidentiality about all personal information and educational records concerning students and their families.

5. Maintain and encourage a climate of mutual respect and dignity for all

students regardless of actual or perceived race, color, weight, national

origin, ethnic group, religion, religious practice, disability, sexual

orientation, gender/gender identify, or sex, with an understanding of

appropriate appearance, language and behavior in a school setting that

will strengthen students’ self-image and promote confidence to learn.

Report incidents of discrimination and harassment that are witnessed or

otherwise brought to a staff member’s attention to the building

administrator and/or Dignity Act Coordinator (DAC) in a timely manner.

E. Principals

All district principals are expected to:

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 with the principal and approach the principal for redress or grievances.

3. Evaluate on a regular basis all instructional programs.

4. Maintain confidentiality about all personal information and educational records concerning students and their families.

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

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

7. Maintain and encourage a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion religious practice, disability, sexual orientation, gender/gender identity, or sex. With an understanding of appropriate appearance, language, and behavior in a school setting that will strengthen students’ self-image and promote confidence to learn.

8. Follow up on any incidents of discrimination and harassment that are witnessed or otherwise brought to the Principal’s attention in a timely manner in collaboration with the Dignity Act Coordinator (DAC).

F. Superintendent

The superintendent of schools is expected to:

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

2. Review with district administration 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. Maintain confidentiality about all personal information and

educational records concerning students and their families.

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

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

G. Board of Education

The Board of education is expected to:

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 fairness and consistency of its implementation.

3. Appoint a Dignity Act Coordinator in each school building. The Dignity Act Coordinator will be thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender/gender identity, and sex. The Dignity Act Coordinator will be accessible to students and other staff members for consultation and advice as needed on the Dignity Act.

4. Maintain confidentiality about all personal information and

educational records concerning students and their families.

5. Lead by example by conducting Board meetings in a professional, respectful and courteous manner.

V. Student Dress Code

Students are expected to show good judgment in their appearance when they are at school or involved in school activities. In most situations, the propriety of student dress will be left to the discretion of the student and/or his parent. District officials are aware that generally, school officials may not prescribe students’ dress while students attend school in cases where fashion or taste is the sole criterion. The code reflects current community standards on proper decorum and deportment. However, the District has established certain minimum standards for student attire. These standards are set forth below:

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

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

2. Recognize that extremely brief garments and see-through garments are not appropriate. In addition, students are required to wear a shirt at all times while on school grounds.

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, bandanas or anything that impedes eye contact such as, but not limited to, hoods, or sunglasses between the hours of 7:40 am and 2:23 pm, except for medical or religious purposes.

6. Not include items that are vulgar, obscene, and libelous or items that 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, weapons, and/or encourage other illegal or violent acts.

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, out of school suspension. Any student who repeatedly fails to comply with the dress code shall be subject to further discipline.

Teachers and staff members at the middle/high school are expected to complete Teacher Action Reports for dress code violations. At the elementary school, teachers and staff are to report the incident to the principal.

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 student’s 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 violate these school rules will be required to accept the penalties for their conduct.

The following student code of conduct sets forth a foundation for the development of well-educated, responsible citizens. The intent of this plan is not to take discipline out of the classroom, but rather to create a clear set of expectations and consequences for other students. Staff members are expected to continue utilizing established classroom management strategies. Under this plan, students will have guidance as to the consequences of their actions before a referral is written. Students by their very enrollment at Pavilion Central School commit and abide to the Code of Conduct.

There are many new guidelines and mandates associated with the COVID-19 Pandemic. The Superintendent or their designee shall develop procedures to address the new guidelines and mandates, which may not appear in this document. Violation of these procedures will be addressed using the steps outlined in this document.

A. Category One Behaviors

Category one behaviors are activities and behaviors that are usually subject to the referral process. A referral consists of a formal written report of any Category One Behavior. Such a referral will result in the appropriate level of disciplinary action as defined below. Referrals are cumulative. Referrals are made by a member of the faculty or staff to the Building Principal or his/her designee. Typical examples of category one behaviors include, but are not limited to, the following:

1. Engage in conduct that is disorderly.

The following areas are normally subject to immediate teacher correction. If these behaviors continue, they will result in a standard Category One Referral (Middle/High School only).

a. The use of tablets, radios, CD/Tape players, IPODs, MP3 players or electronic games between the hours of 7:40 AM and 2:23 PM in class, P.E., library, computer labs, assemblies or the main office is prohibited unless granted permission by the supervising teacher that period. Student use of the items listed above is permitted in the hallway.

b. No students in the halls after 2:34 PM unless in a supervised area or attending a school approved activity. If a student must return to the building for any other reason, he/she must report to the office.

c. Wearing hats, bandanas or anything that impedes eye contact such as but not limited to hoods, or sunglasses between the hours of 7:40 AM and 2:23 PM. Elementary school students are not permitted to wear hats, bandanas, or anything that impedes eye contact such as but not limited to hoods or sunglasses between the hours of 9:00 AM and 3:30 PM.

d. Dress code violation. (see policy #7312)

e. Inappropriate display of affection.

f. Unauthorized eating outside the cafeteria. (Water bottles are permitted within classrooms so long as they are used in ways that do not disrupt the learning environment and contain only water. Teachers may adopt specific rules for water bottle use in their classrooms).

g. Failure to abide by Study Hall, Guided Study Hall rules and grade level expectations.

h. Repeated violation of the mask wearing requirements, as stated in the PCS Reopening Plan published on July 30, 2020.

2. The following are examples of disorderly conduct that normally result in a standard Category One Referral:

a. Cell phones, smart watches, and other personal electronic devices can only be used on school property by Middle/High School students in designated usage areas between 7:40 AM and 2:23 PM. Areas will be color coded by one of three colors, Green zones, Red zones, and Gold zones. Within all zones, students are prohibited from taking pictures, making and/or recording videos, video-clips, audio-clips, or camera function on the device, unless directed by a teacher for classroom/academic purposes. Zones are described below:

i. Green zones will be known as “open use” areas and include hallways and the cafeteria. Students are permitted to use devices in these areas.

ii. Gold zones will require teacher/staff approval and include classrooms, library, and study hall. Devices should be turned off within Gold Zones, unless otherwise directed by a teacher. Field trips will be interpreted as Gold zones.

iii. Red zones are areas where devices should not be used or displayed at any time. These areas include bathrooms, locker rooms, guided study halls and the auditorium.

iv. If a student violates any aspect of this policy, the staff member will collect the device and turn it into the Main Office where it will remain until a parent or guardian picks up the device. A disciplinary referral will be submitted for a violation of this policy. Refusal to give the device to the requesting staff member will be deemed as insubordinate and be categorized as an additional violation of the policy. Students will be issued a detention upon the first violation and additional violations will result in consequences consistent with the penalties listed in this document.

*Students in the elementary school building are not allowed to have any type of electronic device, i.e. cell phones, PDAs, beepers, pagers, etc. out during the school day between 9:00 am and 3:30 pm. These items must be turned off and stored in elementary student’s backpack.

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

c. Unauthorized student driving and parking. Obstructing vehicular or pedestrian traffic.

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

e. 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.

f. Violation of the District high school attendance policy.

g. Being outside the assigned room without teacher’s permission.

h. Not following existing cafeteria rules.

3. Engage in conduct that is insubordinate. Examples of insubordinate conduct include:

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

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

c. Skipping detention.

d. Refusal to wear masks (2020-2021 school year, as per New York State Department of Health and Center for Disease Control requirements)

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

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

b. Making unreasonable noise.

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

d. Bullying. Bullying consists of but is not limited to, verbally abusive comments, spreading rumors and/or exhibiting behaviors that disrupt appropriate peer relationships. It involves an imbalance of power, intent to cause harm and is repetitive.

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

a. Plagiarism.

b. Cheating.

c. Copying.

d. Altering records/Forgery.

e. Assisting another student in any of the above actions.

6. Truancy

a. Late to school. A student is to report directly to his/her first period teacher. After being illegally late 6 times, the student will receive a warning with a letter being sent home informing the parents of the student’s standing. For the 7, 8, 9 and 10^th lateness, the student will be assigned to detention. A letter will be sent home on each instance encouraging parental support to assist the student to arrive to school on time. On the 11^th and subsequent tardy, the student will be assigned to extended detention or LAC for one (1) day at the principal’s discretion. A student is considered tardy if he/she arrived to class after the 7:40 bell.

b. Late arrival to class. On the 3^rd, 4^th, and 5^th lateness to class, the student will be assigned detention by the teacher. On the 6^th and subsequent lateness, the student will be sent to the Office and the teacher will write a referral. The student will be assigned to extended detention or LAC at the principal’s discretion.

B. Category Two Behaviors

The following are examples of behaviors that may result in immediate suspension of up to 5 days and could result in a Superintendent’s Hearing depending on the nature of the infraction. In some cases, at the discretion of administration, students may attend the Instructional Support Program (ISP) at GVEP and/or Genesee County Youth Court as an alternative to the out-of-school and/or in-school suspension. The ability to participate in extra-curricular activities will also be suspended as a result of any Category 2 infraction. The District will involve law enforcement agencies when such violations substantially affect the order and/or security of the school and constitute a crime.

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

a. 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.

b. 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.

c. 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 (policy#7360, 7361, 3411).

d. Possessing a pocket knife, tool and/or material object with a knife blade that is less than two-and-one-half inches in length.

e. Displaying what appears to be a weapon.

f. Threatening to use any weapon.

g. 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.

h. Intentionally damaging or destroying school district property.

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

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

b. Defamation, which includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them. This can include posting or publishing video, audio recordings or pictures (written material, cell phones, Internet, YouTube, social media networks, etc.)

c. Discrimination, based on a person’s actual or perceived race, age, sexual orientation, use of a recognized guide dog, hearing dog or service dog, color, creed, national origin, ethnic group, religion, religious practice, sex, sexual orientation, gender or gender identity, marital or veteran status, or disability as a basis for treating another in a negative manner on school property, at a school function or off school property where such acts create or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats or abuse might reach school property.

d. Harassment, the creation of a hostile environment by conduct or by verbal threats, intimidation or abuse that has or would have the effect of unreasonably, and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being based on a person’s actual or perceived race, color, weight, national origin, political affiliation ethnic group, religion, religious practice, marital or veteran status, use of a recognized guide dog, hearing dog or service dog, disability, sexual orientation, gender or sex. This includes conduct, threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause emotional and/or physical harm. (Please refer to the above definition of discrimination, p. 14 for locations)

e. Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm and/or discomfort; for example, “play” fighting, extortion of money, overt teasing, etc. (Please refer to the above definition of discrimination, p. 14 for locations)

f. Cyberbullying including the use of instant messaging, email, websites, chat rooms, text messaging, social media networks (i.e. Facebook, Instagram, Twitter, Tumblr, Snapchat, and all other social media networks) or by any other electronic means, when such use interferes with the operation of the school; or infringes upon the general health, safety and welfare of students or employees. This includes conduct, threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause emotional and/or physical harm. (Please refer to the above definition of discrimination, p. 14 for locations)

g. Sexual harassment, which includes unwelcome sexual advances, requests for sexual favors, taking, sending or receiving sexually explicit videos, or pictures or auditory recording and other verbal or physical conduct or communication of a sexual nature.

h. Hazing, which includes any intentional or reckless act directed against another for the purpose of initiation into, affiliation with or maintaining membership in any school sponsored activity, organization, club or team.

i. Selling, using or possessing obscene material.

j. Smoking or using chewing or smokeless tobacco, or possession of a lighter or any tobacco related product, including electronic cigarettes (“e-cigs”), vaporizers, and any other type of alternative smoking and non-smoking devices and/or products.

i. The 1^st violation of possession of tobacco related products will result in 1 day ISS and completion of the District’s tobacco education program.

ii. A 2^nd violation of possession will result in a 3 day out of school suspension.

iii. The 1^st violation for use of tobacco products will result in 3 days ISS and completion of the District’s tobacco education program.

iv. The 2nd and subsequent violations will result in a 5 day out of school suspension.

k. Procuring, possessing, consuming, selling, distributing or exchanging alcoholic beverages, alcohol, illegal substances, or drug paraphernalia, or being under the influence of alcoholic beverages or illegal substances. “Illegal substances” include, but are not limited to, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, and any substance commonly referred to as “designer drugs” or synthetic drugs (policy #7320, #5640). For screening purposes, Pavilion Central School has a breathalyzer that will be used if a student is suspected of being under the influence of alcohol.

l. As per state law, procuring, possessing, consuming, distributing, or exchanging any over-the-counter or prescription drugs at school or at school functions.

m. Indecent exposure, that is, exposure to sight of private parts of the body.

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

o. Swearing, vulgarity, profanity or abusive cursing directed at a staff member will result in an automatic five day out of school suspension.

C. Pavilion Elementary School Disciplinary Penalties and

Procedures

1.Pavilion Elementary School recognizes the importance of an orderly

school environment to promote learning and ensure the safety of all

students and school staff. We work to promote good character and expect

our students to behave in a manner that respects the rights and property of

others and maintains an atmosphere that is safe and promotes learning.

2.Guidelines for Student Behavior (School-wide rules).

a. Respect each other (including other’s property and belongings).

b. Be responsible for your own behavior-you are responsible for your actions.

c. Make a commitment to do your best-you are responsible for your learning.

d. Follow the spirit of the law.

3. “Give Me Five”

a. Teachers will use the phrase when needing student attention.

Give Me Five

1) Eyes on the speaker

2) Ears listening

3) Lips quiet

4) Hands free

5) Sitting still

4. Each teacher will discuss these rules with their class during the first week

of school. In addition, each grade level team will develop a system of

rewards and consequences most appropriate to the age level of the

students.

5. Discipline procedures and consequences:

a. Classroom consequences:

i. Teacher warnings

ii. Loss of free time

iii. Note home or a call home from the teacher

b. Office consequences:

i. Visit the Principal: the building principal will determine appropriate disciplinary actions that consider the students age, nature of the offence, prior disciplinary actions, and other relevant circumstances. Consequences include detention, in school suspension or out of school suspension. As a general rule discipline will be progressive. This means that a student’s first violation will usually result in a lighter penalty and subsequent violations. However, in some instances, depending on the seriousness of the offense, a stronger consequence may be warranted.

3.Severe disruption or behavior, which is harmful to others or the

student him/herself, will be referred to the principal.

4.Repetitive behaviors will warrant the development of an individual

behavior management plan with the student and the teacher and may

include the parent, school psychologist, school social worker and/or

principal.

D. Pavilion Central School District 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 student’s ability to grow in self-discipline.

Disciplinary action, when necessary, will be 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, and/or teachers 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. In some instances, depending upon the seriousness of the offense, a severe consequence may be warranted for each rule violation.

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

1. 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.

a. Category One Behaviors

Consequences for category one behaviors may be considered cumulative on a school year basis. Listed below is the sequence of disciplinary action. If a student refuses to comply with initial consequences, additional action will be taken. In addition, the student will still be responsible for the consequences of the original referral. Parents will be notified in writing or by phone when appropriate.

Due to the Hybrid schedule and lack of afterschool detention for the 2020-2021 school year, alternate consequences listed in this section will be utilized for violations. Efforts will be made to be consistent as well as considerate of varying circumstances.

Accountability Form: This form is to be used when the staff member witnessing the violation and the student agree that a category one violation occurred. The completed form will be sent to parents/guardians.

Loss of cell phone: When parents/guardians agree, a student will forfeit his/her cell phone or other electronic device to their parents. Parents and the Principal, or their designee, will determine this arrangement.

Parent conference

In School Suspension (Incremental)

Mediation between students

Lunch detention

Restorative practices

Suspension of privileges

Schedule change

Detention (If we are able to add after school supervision and busing)

For severe or chronic discipline issues, the District reserves the right to refer the student to the S.T.A.R.(Student Transition and Recovery) Program in Batavia. Further information regarding the S.T.A.R. Program is available in the High School Office.

Upon request, the District will provide an opportunity for parents to participate in a conference.

For category one behaviors: The District reserves the right to a more or less severe penalty based on unusual and/or extraordinary circumstances and severity of the violation. If a penalty of greater or lesser severity is imposed, the referring teacher will be notified.

· Detention Violation:

If a student is referred to the office for not reporting to or reporting late to assigned regular or extended detention, the following consequence will occur:

o First Violation: Verbal Warning and Detention Rescheduled.

o Second and Third Violation: 2 additional Detentions and Detention Rescheduled

o Fourth and Fifth Violation: ½ day ISS and Detention Rescheduled.

o Sixth (or more) Violation: 1 day ISS and Detention Rescheduled.

· Skipping school:

Skipping school is defined as leaving school property, after arrival, without authorization. Once a student is on school property, including the bus, he/she is not allowed to leave without proper authorization from the office. Prior to dismissal time, students must be signed in and out of the building according to the procedure found in the Code of Conduct. Once a student has signed out, s/he must leave the premises.

If a student is absent from school without parental permission, the following consequence will occur. Each skip also counts as a step as part of the referral process.

Consequence: next step on management plan + 1 additional extended detention.

· Signing in and out of school

As per Pavilion School Board Policy, Pavilion Middle/High School is a closed campus. In order to ensure that Pavilion School Board Policy is being followed, the following is the procedure for students who sign out during the school day:

a. In order to sign out from school, a student must either have parental/guardian written permission or the parent/guardian must come in to sign out the student from school.

b. Students who leave school during the day may return to school if they have documentation that the absence was legal. Medical appointments, funerals, and observance of religious holidays are legal reasons to miss school. A note from a parent giving consent to return to school is not sufficient documentation.

c. Students who sign out for the day may not return to school for after school or evening functions unless they provide documentation as described above. These students also may not attend BOCES classes later in the day unless they have provided the documentation described above.

d. Students who sign out of school and then return to school without legal documentation will be told to leave school property. If they do not leave school property they will be referred.

e. Under emergency or unusual circumstances, a building administrator may give a student permission to leave or come back to school if the above conditions are not met.

· Behavior on Buses

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 (policy # 7340).

a. Consequences for Violation of Transportation Rules

o First Referral: Assigned to one day of extended detention.

o Second Referral: Two days of extended detention.

o Third Referral: Three days of extended detention/Conference scheduled (Parent, Student, Driver, Transportation Supervisor and Principal).

o Fourth Referral: Three-Day transportation suspension and three extended detentions.

o Fifth Referral: Five-day transportation suspension and five extended detentions.

(The District reserves the right to issue a transportation suspension at any time based on severity of the behavior.)

2. 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. A student will have an opportunity to present his or her version of the facts to the school personnel imposing the disciplinary 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 for the type of penalty imposed.

a. 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. In elementary school, detention will be imposed as a penalty only after the student’s parent has been notified.

b. 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 via a written referral. 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 his or her child gets to and from school.

(A student subjected to a suspension from transportation is not entitled to a full hearing pursuant to Education Law 3214. However, the student and the student’s parents 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.)

c. Suspension from athletic participation, extra-curricular activities and other privileges. A student subject to a social suspension is not entitled to a full hearing pursuant to Education Law 3214. However, 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.

d. In-School Suspension- The Board recognizes the school must balance the need of students to attend school and the need for order in the classroom to establish an environment conducive to learning. As such, the Board authorizes building principals and the superintendent to place students who would otherwise be suspended from school as the result of a code of conduct violation in “in-school suspension.”

(A student subjected to an in-school suspension is not entitled to a full hearing pursuant to Education Law 3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the district official imposing the in-school suspension to discuss the conduct and the penalty involved.)

e. 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 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 another elementary classroom or in an administrator’s office; (2) sending a student to the guidance counselor or other district staff member for counseling. Time-honored classroom management techniques such as these do not constitute 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 three days. The removal from class applies to the class of the removing teacher only.

If the disruptive student does not pose a danger or on going threat of disruption to the academic process, and if this process does not further jeopardize teaching, the teacher will 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.

If the student poses a danger or ongoing threat or 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 as possible, but no later than the end of the school day, to explain the circumstance of the removal and to present the removal form. If the principal or designee is not available by the end of the same day, the teacher must leave the form with the secretary and meet with the principal or designee prior to the beginning of class on the next school day.

Following a conference with the principal or designee, the teacher will, within 24 hours, notify the parent via the telephone regarding the removal and the reasons for it.

Within 24 hours after the student’s removal, the principal or other district administrator 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, teacher, or the principal’s designee to discuss the reason 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 contacting 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 charges against the student are not supported by substantial evidence.

· The student’s removal is otherwise in violation of law, including the Code of Conduct.

· The conduct warrants suspension from school pursuant to Education Law 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 following the 48-hour period for the informal conference, if a conference is requested. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the principal makes a final determination, or the period of removal expires, whichever is less.

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 approved form) for all cases of removal of students from his or her class. The principal or designee 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.

f. Suspension from school- Suspension from school is a severe penalty which may be imposed 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.

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

· 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 or less pursuant to Education Law 3214(3), the suspending authority must immediately notify the student orally. If the student denies the misconduct, the suspending authority must provide an explanation of the basis for the proposed suspension. The suspending authority must also notify the student’s parents in writing that the student may be suspended from school. The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the decision to propose suspension at the last known address 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 charges against the student and the incident of 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 the parties involved 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 threat of disruption; then, 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 advise the parents of his or her decision. Within 24, hours a written notice of the decision will be sent to the parent. The principal shall advise the parents that if they are not satisfied with the decision and wish to pursue the matter, they may 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 may file a written appeal to the Board of Education with the District Clerk within 10 business days of the date of the Superintendent’s decision, unless they can show extraordinary circumstances precluding them from doing so. Only the final decision of the Board may be appealed to the Commissioner within 30 days of the decision.

· Long-term (more than 5 days) suspension from school- When the Superintendent or building principal determines that a suspension for more than 5 days may be warranted, he or she shall give reasonable notice to the student and the student’s parents of their right to a fair hearing. At the hearing, the student shall have the right to be represented by counsel, the right to question witnesses against him or her and the right to present witnesses and other evidence on his or her behalf. The Superintendent shall personally hear and determine the proceeding or may, at 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, which 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 precluded them from doing so. The Board may adopt in whole or part the decision of the superintendent. Final decisions of the Board may be appealed to the Commissioner within 30 days of the decision.

· Permanent suspension- Permanent suspension is reserved for extraordinary circumstances such as a student’s conduct posing 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.

3. Minimum Periods of Suspension

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

· The student’s age.

· The student’s grade in school.

· The student’s prior disciplinary record.

· The superintendent’s belief that other forms of discipline may be more effective.

· Input from parents, teachers and/or others.

· Other extenuating circumstances.

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

b. Students who commit violent acts other than bringing a weapon to school - Any student, other than a student with a disability, who is found to have committed a violent act other than bringing a weapon onto school property, shall be subject to suspension from school for at least 5 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 possession of a weapon.

c. Students who are repeatedly substantially disruptive of the educational process or repeatedly substantially interfere with the teacher’s authority over the classroom - Any student, other than a student with a disability, who repeatedly is substantially disruptive of the education process or substantially interferes with the teacher’s authority over the classroom, will be suspended from school for at leave five days. For purposes of this code of conduct, “repeatedly substantially disruptive” means engaging in conduct that results in the student being removed for the classroom by teacher(s) pursuant to Education Law 3214(3-a) and this code on four or more occasions during a semester. 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 penalty; the superintendent may consider the same factors considered to modifying a one-year suspension for possessing a weapon.

4. Referrals

a. Counseling - the Guidance/Counseling Office shall handle all referrals of students to counseling.

b. S.T.A.R. - The principal or designee may offer the S.T.A.R.(Student Transition and Recovery) discipline program to parents to help their child on a voluntary basis. The District may offer students between the ages of 9 and 16 years the S.T.A.R. program to reduce a suspension. The program combines discipline and academic instruction to improve student conduct and the learning environment. The philosophy of the program is, “you can succeed, you will succeed, and we will show you how to succeed”. The program has three components: STAR 1 is a one day prevention component in which students are referred to the program by parents and school officials for disorderly or disruptive behavior; STAR 2 is a 30 day component in which students are referred by parents and school officials for serious or continuous rule violations: STAR 3 is a 24 week component where students are ordered by Family Court to attend as part of probation or an alternative to incarceration for serious offenses. A parent can also request placement of their child in the program. The day will begin at 5:30 am with physical training until 7:00 am, breakfast and showers will follow, at 7:45 am students will be brought back to PCS for classes, at 3:00 pm students will return to the STAR facility for homework, tutoring, etc., and the day will end at 6:00 pm. It is hoped that this program can bring about a change in student attitude, which will allow that student the opportunity to succeed in the regular school.

c. PINS Petition - 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:

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

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

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

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

· Any student under the age of 16 who is found to have brought a weapon to school, or

· Any student 14 or 15 years old who qualifies for juvenile offender status under the Criminal Procedure Law 1.20 (42). The superintendent is required to refer 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.

VII. Alternative Instruction

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

VIII. Discipline of Students with Disabilities

The Board recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities to address disruptive or problem behavior. The Board also recognizes that students with disabilities enjoy certain procedural protections whenever school authorities intend to impose discipline upon them. The Board is committed to ensuring that the procedures followed for suspending, removing or otherwise disciplining students with disabilities are consistent with the procedural safeguards required by applicable laws and regulations. This code of conduct affords students with disabilities subject to disciplinary action no greater or lesser rights than those expressly afforded by applicable federal and state law and regulations.

A. Authorized Suspension or Removal of Students with Disabilities

1. For purpose of this section of the Code of Conduct, the following definitions apply;

· A “suspension” means a suspension pursuant to Education Law 3214.

· A “removal” means a removal for disciplinary reason from the student’s current educational placement other than a suspension and change in placement to an interim alternative educational setting (IAES) ordered by an impartial hearing officer because the student poses a risk of harm to him or herself or others.

· An “IAES” means a temporary educational placement for a period of up to 45 days, other than the student’s current placement at the time the behavior precipitating the IAES placement occurred, that enables the student to continue to progress in the general curriculum, although in another setting, to continue to receive those services and modifications to address the behavior which precipitated the IAES placement that is designed to prevent the behavior from recurring.

2. School personnel may not suspend or remove a student with disabilities if imposition of the suspension or removal would result in a disciplinary change in placement based on a pattern of suspension or removal.

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

B. Special Rules Regarding the Suspension or Removal of Students with Disabilities

1. The Pavilion Central School District’s Committee on Special Education shall:

a. Conduct functional behavioral assessments to determine why a student engages in a particular behavior, and develop or review behavioral intervention plans whenever the District is first suspending or removing a student with a disability for more than 10 school days in a school year or imposing a suspension or removal that constitutes a disciplinary change in placement, including a change in placement to an IAES for misconduct involving weapons, illegal drugs or controlled substances. If subsequently, a student with a disability who has a behavioral intervention plan and who has been suspended or removed from his or her current educational placement for more than 10 school days in a school year is subjected to a suspension or removal that does not constitute a disciplinary change in placement, the members of the CSE shall review the behavioral intervention plan and its implementation to determine if modifications are needed. The District shall convene a meeting of the CSE to modify such plan and its implementation to the extent the committee determines

b. Conduct a manifestation determination review of the relationship between the student’s disability and the behavior subject to disciplinary action whenever a decision is made to place a student in an IAES either for misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his current educational setting poses a risk of harm to the student or others, or a decision is made to impose a suspension that constitutes a disciplinary change in placement.

2. The parents of a student who is facing disciplinary action, but who has not been determined to be eligible for services under IDEA and Article 89 at the time of misconduct, shall have the right to invoke applicable procedural safeguards set forth in federal and state law and regulations if, in accordance with federal and state statutory and regulatory criteria, the District is deemed to have had knowledge that their child was a student with a disability before the behavior precipitating disciplinary action occurred. If the District is deemed to have had such knowledge, the student will be considered a student presumed to have a disability for discipline purposes.

a. The superintendent, building principal or other school official imposing a suspension or removal shall be responsible for determining whether the student is a student presumed to have a disability.

b. A student will not be considered a student presumed to have a disability for discipline purposes if, upon receipt of information supporting a claim that the District had knowledge the student was a student with a disability, the District either:

· conducted an individual evaluation and determined that the student is not a student with a disability, or

· determined that an evaluation was not necessary and provided notice to the parents of such determination, in the manner required by applicable law and regulations. If there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other non-disabled students who engaged in comparable behaviors. However, if a request for an individual evaluation is made while such non-disabled student is subjected to a disciplinary removal, an expedited evaluation shall be conducted and completed in the manner prescribed by applicable federal and state law and regulations. Until the expedited evaluation is completed, the non-disabled student who is not a student presumed to have a disability for discipline purposes shall remain in the educational placement determined by the District, which can include suspension.

3. The District shall provide parents with notice of disciplinary removal no later than the date on which a decision is made to change the placement of a student with a disability to an IAES for either misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his/her current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension or removal that constitutes a disciplinary change in placement. The procedural safeguard notice prescribed by the Commissioner shall accompany the notice of disciplinary removal.

4. The parents of a student with disabilities subject to a suspension of five consecutive school days or less shall be provided with the same opportunity for an informal conference available to parents of non-disabled students under the Education Law.

5. Superintendent hearings on disciplinary charges against students with disabilities subject to a suspension of more than five days shall be bifurcated into a guilt phase and a penalty phase in accordance with the procedures set forth in the Commissioner’s regulations incorporated into this code.

6. The removal of a student with disabilities other than a suspension or placement in an IAES shall be conducted in accordance with the due process procedures applicable to such removals of non-disabled students, except the school personnel may not impose such removal for more than 10 consecutive days or for a period that would result in a disciplinary change in placement, unless the CSE has determined that the behavior is not a manifestation of the student’s disability.

7. During any period of suspension or removal, including placement in an IAES, students with disabilities shall be provided services as required by the Commissioner’s regulations incorporated into this code.

C. Expedited Due Process Hearings

1. An expedited due process hearing shall be conducted in the manner specified by the Commissioner’s regulations incorporated into this code, if:

a. The Pavilion Central School District requests such a hearing to obtain an order of an impartial hearing officer placing a student with a disability in an IAES where school personnel maintain that it is dangerous for the student to be in his or her current educational placement, or during the pendency of due process hearings where school personnel maintain that it is dangerous for the student to be in his or her current educational placement during such proceedings.

b. The parent requests such a hearing from a determination that the student’s behavior was not a manifestation of the student’s disability, or relating to any decision regarding placement, including but not limited to any decision to place the student in an IAES.

c. During the pendency of an expedited due process hearing or appeal regarding the placement or on grounds of dangerousness, or regarding a determination that the behavior is not a manifestation of the student’s disability for a student who has been placed in an IAES, the student shall remain in the IAES pending the decision of the impartial hearing officer or until expiration of the IAES placement, whichever occurs first, unless the parents and the District agree otherwise.

d. If school personnel propose to change the student’s placement after expiration of an IAES placement, during the pendency of any proceeding to challenge the proposed change in placement, the student shall remain in the placement prior to removal to the IAES, except where the student is again placed in an IAES.

2. An expedited due process hearing shall be completed within 15 business days of receipt of the request for a hearing. Although the impartial hearing officer may grant specific extensions of such time period, he or she must mail a written decision to the District and the parents within five business days after the last hearing date, and in no event later than 45 calendar days after receipt of the request for a hearing, without exceptions or extensions.

D. Referral to law enforcement and judicial authorities

In accordance with the provisions of IDEA and its implementing regulations:

1. The District may report a crime committed by a child with a disability to appropriate authorities, and such action will not constitute a change of the student’s placement.

2. The superintendent shall ensure that copies of the special education and disciplinary records of a student with disabilities are transmitted for consideration to the appropriate authorities to which a crime is reported.

IX. Corporal Punishment

Corporal punishment is any act of physical force upon a student for the purpose of punishing the 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:

Protect oneself, another student, teacher or any person from physical injury.
Protect the property of the school or others.
Restrain or remove a student whose behavior interferes with the orderly exercise and performance of school district function, 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.

X. Student Searches and Interrogations

The Board of Education is committed to ensuring an atmosphere on school property and school functions that is safe and orderly. To achieve this kind of environment, any school official authorized to impose a disciplinary penalty on a student may question a student about an alleged violation of law or the Code of Conduct. Students are not entitled to any sort of “Miranda” type warning before being questioned by school officials, nor are school officials required to contact the student’s parent before questioning the student. However, school officials will tell all students why they are being questioned.

In addition, the Board authorizes the superintendent, building principals, the school nurse and district security officials to conduct searches of students and their belongings if the authorized school official has reasonable suspicion to believe that the search will result in evidence that the student violated the law or the Code of Conduct.

A. Police Involvement in Searches and Interrogations of Students

District officials are committed to cooperating with police officials and other law enforcement authorities to maintain a safe school environment. Police officials, however, have limited authority to interview or search students in schools or at school functions, or to use school facilities in connection with police work. Police officials may enter school property or a school function to question or search a student or to conduct a formal investigation involving students only if they have:

1. A search or an arrest warrant; or

2. Probable cause to believe a crime has been committed on school property or at a school function; or

3. Been invited by school officials.

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

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

1. They must be informed of their legal rights.

2. They may remain silent if they so desire.

3. They may request the presence of an attorney.

B. Child Protective Service Investigations

Consistent with the District’s commitment to keep students safe from harm and the obligation of school officials to report to child protective services when they have reasonable cause to suspect that a student has been abused or maltreated, the District will cooperate with local child protective service workers who wish to conduct interviews of students on school property relating to allegations of suspected child abuse, and/or neglect, or custody investigations.

All requests by child protective services to interview a student on school property shall be made directly to building principal or his or her designee. The principal or his or her designee shall set the time and place of the interview. The principal or designee must be present during the interview. If the nature of the allegations is such that it may be necessary for the student to remove any of his or her clothing in order for the child protective service worker to verify the allegations, the school nurse or other district medical personnel must be present during that portion of the interview.

XI. Visitors to the Schools

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

1. Anyone who is not a regular staff member or student of the school will be considered a visitor.

2. All visitors to the school must report to the office of the principal upon arrival at the school. There they will be required to sign the visitor’s register and will be issued a visitor’s identification badge, which must be worn at all times while in the school or on school grounds. The visitor must return the identification badge to the principal’s office and sign out before leaving the building.

3. Visitors attending school functions that are open to the public, such as parent-teacher organization meeting or public gatherings are not required to register.

4. Parents or citizens who wish to observe a classroom while school is in session are required to arrange such visits in advance with the classroom teacher(s), so that class disruption is kept to a minimum.

5. Teachers are expected not to take class time to discuss individual matters with visitors.

6. Any unauthorized person on school property will be reported to the principal or his or her designee. Unauthorized persons will be asked to leave. The police may be called if the situation warrants.

7. All visitors are expected to abide by the rules for public conduct on school property contained in this code of conduct.

XII. Public Conduct on School Property

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

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

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

A. Prohibited Conduct

No person, either alone or with others, shall:

1. Intentionally injure any person or threaten to do so.

2. Intentionally damage or destroy school district property or the personal property of a teacher, administrator, or other district employee or any person lawfully on school property. This includes graffiti or arson.

3. Disrupt the orderly conduct of classes, school programs or other school activities.

4. Distribute or wear materials on school grounds or at school functions that are obscene, advocate illegal action, appear libelous, obstruct the rights of others, or are disruptive to the school program.

5. Intimidate, harass or discriminate against any person on the basis of race, color, creed, national origin, religion, age, gender, sexual orientation or disability.

6. Enter any portion of the school premises without authorization or remain in any building or facility after it is normally closed.

7. Obstruct the free movement of any person in any place to which this code applies.

8. Violate the traffic laws, parking regulations or other restrictions on vehicles.

9. Possess, consume, sell, distribute or exchange alcoholic beverages, controlled substances, or be under the influence of either on school property or at a school function.

10. Possess or use weapons in or on school property or at a school function.

11. Loiter on or about school property.

12. Gamble on school property or at school functions.

13. Refuse to comply with any reasonable order of identifiable school district officials performing their duties.

14. Willfully incite others to commit any of the acts prohibited in this code.

15. Violate any federal or state statute, local ordinance or board policy while on school property or while at a school functions.

B. Spectator Code of Behavior/Ethics (From Section V)

It is the responsibility of the spectator to:

1. Keep cheering positive. There should be no profanity or degrading language/gestures.

2. Avoid actions which offend visiting teams or individual players.

3. Show appreciation of good play by both teams.

4. Learn the rules of the game in order to be a better informed spectator.

5. Treat all visiting teams in a manner in which you would expect to be treated.

6. Accept the judgment of coaches and officials.

7. Encourage other spectators to participate in the spirit of good sportsmanship.

8. Avoid the use, abuse and resulting negative influence of drugs, including alcohol and tobacco.

C. Penalties

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

1. Visitors. The authorization, of any, to remain on school grounds or at the school functions shall be withdrawn and they shall be directed to leave the premises. If they refuse to leave, they shall be subject to arrest for trespassing (140.10 Class B misdemeanor).

2. Students. They shall be subject to disciplinary action as the facts may warrant, in accordance with the due process requirements.

3. Tenured faculty members. They shall be subject to disciplinary action as the fact may warrant in accordance with Education Law 3020-or any other legal rights that they may have.

4. Staff members in the classified service of the civil service are entitled to protection of Civil Service Law 75. They shall be subject to immediate ejection and to disciplinary action as the facts may warrant in accordance with any legal rights they may have.

5. Staff members other than those described in subdivisions 3 and 4. They shall be subject to warning, reprimand, suspension or dismissal as the facts may warrant in accordance with any legal rights they may have.

D. Enforcement

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

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

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

XIII. Dissemination and Review

A. Dissemination of the Code of Conduct

The Board will work to ensure that the community is aware of this code of conduct by:

1. Providing copies of a summary of the code to all students at a general assembly held at the beginning of the school year.

2. Making copies of the code available to all parents at the beginning of the school year.

3. Mailing a summary of the code of conduct written in plain language to all parents of district students before the beginning of the school year and making this summary available later upon request.

4. Providing all current teachers and other staff members with a copy of the code and a copy of any amendments to the code as soon as practicable after adoption.

5. Providing all new employees with a copy of the current code of conduct when they are first hired.

6. Making copies of the code available for review by students, parents and other community members.

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

The Board of Education will review the code of conduct every year and update it as necessary. In conducting the review, the Board will consider how effective the code’s provisions have been and whether the code has been applied fairly and consistently.

The Board may appoint an advisory committee to assist in reviewing the code and the District’s response to code of conduct violations. The committee will be made up of representatives of student, teacher, administrator and parent organizations, school safety personnel and other school personnel.

Before adopting any revisions to the code, the Board will hold at least one public hearing at which school personnel, parents, students and any other interested party may participate.

The code of conduct and any amendments to it will be filed with the Commissioner no later than 30 days after adoption.

Adopted by BOE on 08/24/2020

Pavilion CentralSchool District

Code of Conduct