SUBJECT:    GUIDELINES FOR STUDENT SUSPENSIONS

1)     Keep careful records of all violations of school regulations. This should include names, dates, circumstances, investigation and disposition.

2)     Utilize support personnel to find ways of helping the student and/or parents/person(s) in parental relation to solve the  problem (teachers, guidance, psychologists, social  worker, attendance officer, etc.).

3)     Utilize all school and community agencies which might prove helpful.

4)     Record all attempts to deal with problems, including conferences with parents/person(s) in parental relation, teacher observations, record of referrals to other personnel and agencies and their reports.

5)     Teachers shall immediately report or refer a violent student to the Principal or Superintendent for a violation of the District's Code of Conduct and a minimum suspension period.

6)      A student may be suspended:

a.      Who is insubordinate or disorderly, or violent or disruptive, or whose conduct otherwise endangers the safety, morals, health and welfare of others, OR

b.      Whose  physical  or  mental  condition  endangers  the  health,  safety  or  morals  of himself/herself or of other minors.

7)     When the Principal has exhausted all available alternatives and resources and feels that the student's continued presence in school would constitute a threat or danger to himself/herself or other students or that the student is "violent and/or disruptive" as defined in accordance with law and Commissioner's Regulations, the matter should also be referred to the Superintendent of Schools.

a.      A "violent student" is defined in Education Law as an elementary or secondary student under twenty-one (21) years of age who:

(1)     Commitsan act of violence upon a teacher,administratoror other school employee; (2)       Commits, while on Marcus Whitman Central School District property, an act of

violenceupon another student or any other person lawfully upon said property;(3)    Possesses, while on Marcus Whitman Central School District property, a gun, knife, explosive or incendiary bomb, or other dangerous instrument capable of causing physical injury or death;

(4)    Displays, while on Marcus Whitman Central School District property, what appears to  be a  gun,  knife,  explosive  or incendiary  bomb  or  other  dangerous  instrument capable of causing death or physical injury;

(5)   Threatens, while on Marcus Whitman Central School District property, to use any instrument that appears capable of causing physical injury or death;

(6)    Knowingly and intentionally damages or destroys the personal property of a teacher, administrator, other Marcus Whitman Central School District employee or any person lawfully upon Marcus Whitman Central School District property; or

(7)    Knowingly and intentionally damages or destroys Marcus Whitman Central School

District property.

Teachers are required to immediatelyreport and refer violent students to the Principal or Superintendent for a violation of the District'sCode of Conduct and a minimum suspension period pursuant to Education Law Section 2801. However, the suspending authority may reduce such period on a case-by-case basis to be consistent with any other state and federal law.

b.      A "disruptive student" is defined in Education Law as an elementary or secondary student under twenty-one  (21)  years  of  age  who  is  substantially  disruptive  of  the  educational process or substantially interferes with the teacher's authority over the classroom.

As   further  enumerated   in   Commissioner's   Regulations,   "repeatedly   is   substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom" shall mean engaging in conduct which results in the removal of the student from the classroom by the teacher(s) pursuant to Education Law and the provisions set forth in the District'sCode of Conduct on four (4) or more occasions during a semester,. or three (3) or more occasions during a trimester,as applicable.

Pursuant to the District's Code of Conduct, a minimum suspension  period shall  be established  for  students  who  repeatedly  are  substantially  disruptive  of  the  educational process or substantially interfere with the teacher's authority over the classroom. However, the suspending authority may reduce such period on a case-by-case basis to be consistent with any other state and federal law.

 Suspension:  Five School Days or Less

1)     When the Superintendent or the Principal (the "suspending authority") proposes to suspend a student for five (5) school days or less, the suspending authority shall provide the student with notice of the charged misconduct. If the student denies the misconduct, the suspending authority shall provide an explanation  of the basis for the suspension. When suspension of a student for a period of five (5) school days or less is proposed, administration shall also immediately notify the parent/person in parental relation in writing that the student maybesuspendedfrom school.

2)     A parent may choose to waive their right to a Superintendent hearing during the meeting with the Building Principal in which they agree to alternative consequences that meet the needs of the student and School District.

3)     Written notice shall be provided by personal delivery, express mail delivery, or equivalent means reasonably calculated to assure receipt of such notice within twenty-four (24) hours of the decision to propose suspension at the last known address or addresses of the parents/persons in parental relation.

Where possible, notification shall also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting parents/persons in parental relation.

4)     Such notice shall provide a description of the incident(s) for which suspension is proposed and shall inform the student and the parent/person inparental relation of their right to request an immediate informal conference with the Principal in accordance with the provisions of Education Law Section 3214(3)(b). Both the notice and the informal conference shall be in the dominant language or mode of communication used by the parent/person in parental relation. At the informal conference, the student and/or parent/person in parental relation shall be authorized to present the student's version of the event and to ask questions of the complaining witnesses.

5)     The notice and opportunity for informal conference shall take place prior  to suspension of the student unless the student's presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, in which case the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practical.

6)     Regardless of the length of a student's suspension, if a parent/person in parental relation wishes to appeal the suspension of such student by the Principal and/or Superintendent, such appeal must be made to the Board of Education, if necessary, prior to commencing an appeal to the Commissioner of Education.

 Procedureafter Suspension