1)     All  employees  must  constantly  promote  an  honest  and  open  communication  system  which involves students, parents/guardians,  all other employees, and the community-at large. Such a system can result in a mutual understanding of the rights and responsibilities which belongs to each and a more pleasant and successful climate can be created.

 

One means by which communication will be enhanced is through each school distributing handbooks for students, parents/guardians and faculty. Such handbooks clearly define the law, Board of Education policy, and administrative regulations as well as provide guidelines for the development of self discipline and the maintenance of order. The content of such handbooks must be consistent throughout the District, yet recognize the need for which such handbooks are intended.  All  policy  and  regulations  pertaining  to  discipline  and  student  behavior  must  be contained therein and distributed and reviewed annually.

 

2)     Administrators and faculty must constantly seek to provide alternative educational programs and facilities to respond to the needs of the disruptive student.

 

3)     Students must be properly supervised at all times by the proper individual charged with this responsibility, i.e., teacher, bus driver, etc. If at any time it is necessary for the individual to be away from the students, the responsible individual must make proper arrangements to ensure temporary supervision.

 

4)     Building administrators are responsible for enforcing the laws, policies and regulations to ensure appropriate student behavior and a conducive educational climate. In tum, the teachers are responsible to maintain appropriate student behavior in their classrooms and throughout  their school. Classrooms and schools  should be so administered  that at all times the objectives of training for self-discipline, individual responsibility and favorable climate for learning might be realized.

 

5)     When a discipline  problem occurs,  the teacher  should exhaust  all possibilities  and resources available to him/her for its solution. Finding this unsuccessful, the teacher needs to seek further assistance  through  the administration  of the school.  All parties  to the problem, i.e., student, teacher, parents/guardians, administrators, guidance, must be involved as early and as completely as is necessary to resolve it. All problems are to be dealt with in a firm, fair, legal and timely manner.

 

 6)     The building administrator  and staff must make every reasonable effort  to assist students  to adjust properly, using to good advantage their experience and knowledge of child growth and development. Depending on the nature of the case, they may discipline the student directly in relation to the offense; they may call in the parents/guardians for a conference; they may refer the case for the attention of the support personnel; or they may use a combination of these procedures - as well as other resources or techniques - in accordance with their best judgment.

 

7)     Administrators, teachers and counselors are to contact and involve the parents/guardians as early as possible in the resolution of a problem. This is of extreme importance, as parents/guardians can exert the most influence on the student in helping him/her adjust to school. Parents/guardians are expected to cooperate with the schools in working toward a solution to the problem.

 

8)     Whenever  possible, administrators  and  teachers  throughout  the  District  are to  adhere  to the following for dealing with student misbehavior:

 

a.       Teachers are encouraged to exhaust all resources in dealing with a problem. This means that there must be at least one or more private conferences between the teacher,the student, and the parent(s)/guardian(s), to attempt to resolve the problem. The administrator and/or counselor should be informed of the problem.

 

b.      The  teacher  may  consider  detaining  the  student  after  school  for  a  conference  and assistance, and parents/guardians are to be notified. Such detention may be scheduled for the following day from the infraction in order to inform parents/guardians and provide transportation.

 

c.       The teacher should refer a student to the administrator and/or counselor for a conference and/or corrective measures. Parents/guardians are to be notified by school authorities and involved in the resolution of the problem.

 

d.       The continuation of the student's misbehavior can result in the following: 

(1)       Required parent/guardian conference.

(2)     Teacher  removal  from  the  classroom  in  accordance  with  law,  Commissioner's Regulations and the District's Code of Conduct.

 

(3)  Placement of student  in an alternative program (a program for secondary students who are denied  attendance  in the regular day school). Parents/guardians  must  be notified and parent/guardian conference is required.

 

When a student with a disability or a student presumed to have a disability is referred in writing to the District Committee on Special Education for disciplinary infractions which would result in long term suspension, the referral shall document the infractions and request an immediate District Committee on Special Education meeting.

 

The District Committee on Special Education meeting will be held within ten (10) business days of commencing a removal that constitutes a change in placement in accordance with federal and state law and/or regulation. The Committee must consider, among other factors:

 

a.      Whether the student's behavior was related to the disability.

 

b.     Whether the student's behavior presents a serious danger to himself/herself or others.

 

c.      Whether the student's classification, placement,and/or program, needs to be changed to better meet the student's needs.

 

Where the District Committee on Special Education determines that the student's actions are related to his/her disability, the Committee must provide alternate placement and/or program changes. If the District Committee on Special Education determines that the behavior is not related to the disability, disciplinary action will be determined by normal disciplinary procedures.

 

In all cases,the due process rights pertaining to the placement of a child with a disability and the due process rights pertaining to suspension of a student will be granted to the student and his/her parents/guardians.

 

13)   Smoking by students in and on school property shall be prohibited. The Board of Education supports a strong anti-smoking program within the school curriculum.

 

14)   Board of Education policy, administrative regulations and guidelines will be posted on the School District's website. This is necessary so that all parties involved -- students, parents/guardians,teachers and administrators-- will know what is expected of them.

 

Early Identification and Resolution of Student Discipline Problems

 

Pupil service personnel, administrators, teachers, and others should communicate about students when they believe such students present a possible discipline problem. Appropriate personnel will conduct an investigation of the reports and/or communicate, which may include conferences with the student, parents/guardians, teachers, other pupil service personnel or others, as he/she deems appropriate for the early identification and resolution of the suspected problem. If an administrator suspects that the problem may be a manifestation of a disability, he/she will refer the matter to the Committee on Special Education in the manner prescribed by Section 200.4 of the Commissioner's Regulations and by District policy.

 

The Superintendent will direct the development of any forms necessary for the implementation of this regulation after consulting with each Building Principal.

 

Discipline Code for    Students

 

Students must conduct themselves at all times in the following manner:

 

1)     So as not to interfere with the teaching/learning process or the orderly operation of the school;

 

2)      So as to obey laws and rules to respect others and the property of others;

 

3)      So as to maintain courteous relations with teachers and fellow students;

 

4)      So as to assume responsibility for themselves, their conduct and their learning;

 

5)      So  as  to  maintain an  excellent  attendance record  to  class  and  school  by  avoiding unnecessary absence or tardiness;

 

6)      So as to make a sincere effort to always perform in the best manner possible.

 

Specific requirements for student behavior and sanctions for inappropriate behavior may be found in the District Code of Conduct on School Property.

 

Students with Disabilities/Students Presumed to Have a Disability

 

In the case of  a  potential long term suspension and/or disciplinary change in  educational placement of a student classified as having a disability or a student presumed to have a disability for discipline purposes as deemed pursuant to law and regulation, a referral to the manifestation team will be made to determine if the behavior giving rise to the suspension is directly related to the disability. Suspension and/or disciplinary change in educational placement of students with disabilities and students presumed to have a disability for discipline purposes shall be in accordance with federal and state law and due process requirements.

 DisciplinaryChange in Placement

 

Adisciplinary  change  in  placement  means  a suspension or  removal  from  a student's  current educational  placement  that is either:

 

1)      For more than ten (10) consecutive  school days;or

 

2)      For a period  often  (10) consecutive  days  or less  if the student  is subjected  to a series  of suspensions  or removals that constitute a pattern:

 

a.       Because they cumulate to more than ten (10) school days in a school year;

 

b.            Because  the  student's  behavior  is substantially similar  to  the  student's  behavior  in previous incidents that resulted in the series of removals; and

 

c.            Because  of such  additional  factors  as the length  of each  suspension or removal,  the total  amount   of  time  the  student   has  been  removed   and  the   proximity   of  the suspensions or removals to one another.

 

The  District  determines on  a  case-by-case  basis  whether  a  pattern  of  removals  constitutes a change  of  placement.   This  determination  is  subject  to  review  through   due  process  and  judicial proceedings.

 

Manifestation Determinations

 

A  review  of  the  relationship  between   the  student's   disability   and  the  behavior   subject   to disciplinary  action to determine  if the conduct  is a manifestation of the disability  must be made  by a manifestation team  immediately, if possible,  but  in  no  case  later  than  ten  (10)  school  days  after  a decision is made:

 

1)     By the Superintendent to change the placement  to an interim alternative  educational  setting

(IAES);

 

2)      By an Impartial  Hearing Officer (IHO) to place the student in an IAES; or

 

3)      By the  Board,  District  Superintendent, Superintendent or  Building  Principal  to impose  a suspension  that constitutes a disciplinary change of placement.

 The manifestation team shall include a representative of the District knowledgeable about the student and the interpretation of information about child behavior, the parent and relevant members of the Committee on Special Education (CSE) as determined by the parent and the District. The parent must receive written notice prior to the meeting to ensure that the parent has an opportunity to attend. This notice must include the purpose of the meeting, the names of those expected to attend and notice of the parent's right to have relevant members of the CSE participate at the parent's request.

 

The manifestation team shall review all relevant information in the student's file including the student's  individualized   education  program  (IEP),  any  teacher  observations,   and  any  relevant information provided by the parents to determine if: the conduct in question was caused by or had a direct and substantial relationship to the student's disability; or the conduct in question was the direct result of the District's failure to implement the IEP.

 

Finding of Manifestation

 

If it is determined, as a result of this review, that the student's behavior is a manifestation  of his/her disability, the CSE shall conduct a functional behavioral assessment and implement or modify a behavioral intervention plan. Unless the change in placement was due to behavior involving serious bodily injury, weapons, illegal drugs or controlled substances, the student must be returned to the placement from which the student was removed unless the parent and the District agree to a change of placement as part of the modification of the behavioral intervention plan.

 

No Finding of Manifestation

 

If it is determined  that the student's behavior is not a manifestation of his/her disability, the relevant  disciplinary  procedures  applicable  to  students  without  disabilities  may  be  applied  to the student in the same manner in which they would be applied to students without disabilities, subject to the right of the parent/person in parental relation to request a hearing objecting to the manifestation determination  and  the District's obligation to  provide a free, appropriate  public education  to  such student.

 

Provision of Services Regardless of the Manifestation Determination

 

Regardless of the manifestation determination, students with a disability shall be provided the services necessary for them to continue to participate in the general education curriculum and progress toward meeting the goals set out in their IEP. They must also receive, as appropriate, a functional behavioral assessment,behavioral intervention services and modifications designed to address the behavior violation so it does not recur:

  

1)    For subsequent suspensions or removals for ten (10) consecutive school days or less that in the aggregate total more than ten (10) school days in a school year but do not constitute a disciplinary change of placement school personnel, in consultation with at least one of the student's teachers, will determine the extent to which services are needed;

 

2)     For suspensions or other disciplinary removals in excess often (10) school days in a school year which do constitute a disciplinary change in placement the IAES and services will be determined by the CSE.

 

Interim Alternative Educational Settings CIAES)

 

Students with disabilities who have been suspended or removed from their current placement for more than ten (10) school days may be placed in an IAES which is a temporary educational setting other than the student's current placement at the time the behavior precipitating the IAES placement occurred.

 

Additionally, an Impartial Hearing Officer in an expedited due process hearing may order a change in placement of a student with a disability to an appropriate IAES for up to forty-five (45) school days if the Hearing Officer determines that maintaining the current placement is substantially likely to result in injury to the student or others.

 

There are three specific instances when a student with a disability may be placed in an interim alternative educational setting for up to forty-five (45) school days without regard to a manifestation determination:

 

1)     Where the student carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of the District; or

 

2)     Where a student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, or a school function under the jurisdiction of the District; or

 

3)     Where a student has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the District. Serious bodily harm has been defined in law to refer to one of the following:

 

a.      Substantial risk of death;

 

b.      Extreme physical pain; or

 

c.      Protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty.

 

For purposes of this regulation, school premises shall mean in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school; a school function shall mean a school-sponsored or school-authorized extracurricular event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state.

 

School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a student with a disability who violates a code of student conduct.

 

In all cases, the student placed in an IAES:

 

1)     Continue to  receive educational services so  as  to  enable the  student to  continue to participate in the general education curriculum, although in another setting, and to progress towards the goals set out in the student's IEP, and

 

2)     Receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur.

 

The period of suspension or removal may not exceed the amount of time a non-disabled student would be suspended for the same behavior.

 

Student Disciplinary Proceedings

 

1)     Any teacher, administrator, Board  member, parent/guardian or  other  person may report a violation of the student disciplinary code (i.e., Code of Conduct) to the Building Principal or designee. The Principal or designee will then make an investigation of the charges as deemed appropriate and institute an informal or disciplinary proceeding, and/or make a referral to the Committee on Special Education, as he/she deems necessary.

 

2)     Any teacher may detain a student without first referring the case to a building administrator. The teacher must give the student notice of the reasons for the detainment and an opportunity to discuss these reasons.

 

 

 3)     The District's Code of Conduct will be disseminated and publicized to staff, students, parents and the community as enumerated inlaw, and Commissioner's Regulations. In order to insure the effectiveness of the Code of Conduct, the Board of Education requests the continuing assistance of parents/guardiansin explaining and enforcing such Code.