DISTRICT CODE OF CONDUCT-Part B

V.  Student Dress Code

Individual students and parents have the responsibility for student dress and general appearance.  Students are required to attend school in appropriate attire that also meets health and safety standards and does not interfere with the educational process.  Clothing that contains sexual innuendo, that glorifies or promotes drug, alcohol, or tobacco use, or violence, and/or is otherwise materially disruptive to the learning environment, as determined by the building principal or his/her designee, is prohibited.

Students are required to wear appropriate protective gear in certain classes (i.e. home and careers, technology, P.E.), as directed by the teacher. All undergarments must be covered, and apparel should be respectful of the student and of others in school, on school grounds, and at school activities, Furthermore, a student’s attire should not create, or be reasonably anticipated to create, a material disruption to the learning environment, as determined by the building principal or his/her designee.

Hats, clothing, attire and other articles which have an expression (phrase, word or words) or insignia (picture, symbol, patch, or pin) which is obscene, sexually suggestive, or libelous (that is, which contains objectionable language, including insults, whether directed to themselves or others), or which advocates racial, religious, gender, age, disability, or sexual orientation prejudice is forbidden. Hats and coats may be worn in the hallways.  However, individual teachers may prohibit students from wearing hats or coats in the classroom.  Appropriate footwear must be worn.  Footwear that is a safety hazard, in terms of walking and/or participating in specific activities, will not be allowed.

If found wearing such attire, the student will be required to change clothes prior to returning to class. Any student who repeatedly fails to comply with the dress code shall be subject to further discipline.

VI.  Prohibited Student Conduct

The Board of Education expects all students to conduct themselves in an appropriate and civil manner, with proper regard for the rights and welfare of other students, district personnel and other members of the school community, and for the care of school facilities and equipment.

The best discipline is self-imposed, and students must learn to assume and accept responsibility for their own behavior, as well as the consequences of their misbehavior. District personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students’ ability to grow in self-discipline.

The Board recognizes the need to make its expectations for student conduct while on school property or engaged in a school function specific and clear. The rules of conduct listed below are intended to do that and focus on safety and respect for the rights and property of others. Students who will not accept responsibility for their own behavior and who violate these school rules will be required to accept the penalties for their conduct.

1. Students may be subject to disciplinary action, up to and including suspension from school, when they:
   1. Engage in conduct that is disorderly. Examples of disorderly conduct include:
   2. Running in hallways.
   3. Making unreasonable noise.
   4. Using language or gestures that are profane, lewd, vulgar or abusive.
   5. Obstructing vehicular or pedestrian traffic, or reckless driving.
   6. Engaging in any willful act which disrupts the normal operation of the school community.
   7. 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.
   8. Trespassing - Students are not permitted to be in any unauthorized area of any school building without permission from the administrator in charge of the building.
   9. Computer/electronic communications misuse, including any unauthorized use of computers, software, or internet/intranet account; accessing inappropriate web sites; or any other violation of the district’s acceptable use policy.
2. Engage in conduct that is insubordinate. Examples of insubordinate conduct include:
   1. Failing to comply with the reasonable directions of teachers, school administrators or other school employees in charge of students or otherwise demonstrating disrespect.
   2. Lateness for, missing or leaving school without permission.
   3. Skipping detention.
3. Engage in conduct that is disruptive. Examples of disruptive conduct include:
   1. Failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of students.
   2. Interrupting or interfering with the orderly conduct of classes, school programs or school activities.
4. Engage in conduct that is violent. Examples of violent conduct include:
   1. Committing or threatening an act of violence (such as hitting, kicking, pushing, shoving, wrestling, punching, spitting and scratching) upon a teacher, administrator or other school employee or attempting to do so.
   2. Committing or threatening an act of violence (such as hitting, kicking, punching, spitting and scratching) upon another student or any other person lawfully on school property or attempting to do so.
   3. Possessing a weapon. Authorized law enforcement officials are the only persons permitted to have a weapon in their possession while on school property or at a school function.
   4. Displaying what appears to be a weapon.
   5. Threatening to use any weapon.
   6. Intentionally damaging or destroying the personal property of a student, teacher, administrator, other district employee or any person lawfully on school property, including graffiti or arson.
   7. Intentionally damaging or destroying school district property.
5. Engage in any conduct that endangers the safety, morals, health or welfare of others. Examples of such conduct include:
   1. Lying to school personnel.
   2. Conspiring to violate the Code of Conduct.
   3. Stealing the property of other students, school personnel or any other person lawfully on school property or attending a school function.
   4. Defaming, 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.
   5. Discriminating, which includes the use of race, color, creed, national origin, religion, gender or sexual orientation (refer to BOE Policy 0120) or disability as a basis for treating another in a negative manner.
   6. Bullying, including cyberbullying (refer to section IX of this policy), and harassment, sexual (refer to BOE Policy 0120) or otherwise (refer to section IX of this policy), which involves a sufficiently severe action or a persistent, pervasive pattern of actions or statements directed at an identifiable individual or group which are intended to be, or which a reasonable person would perceive as, ridiculing or demeaning.
   7. Intimidation (refer to section IX of this policy), which includes engaging in actions or statements that put an individual in fear of bodily harm.
   8. Hazing (refer to section IX of this policy ), which includes any intentional or reckless act directed against another for the purpose of initiation into, affiliating with or maintaining membership in any school sponsored activity, organization, club or team.
   9. Selling, using, displaying or possessing obscene material, including but not limited to the sending or receiving of sexually explicit messages or photographs, primarily between mobile phones or other electronic devices.
   10. Using vulgar or abusive language or gestures, cursing or swearing.
   11. Smoking a cigarette, cigar, pipe or using chewing or smokeless tobacco, or using an e-cigarette/vaping.
   12. Possessing, consuming, selling, distributing or exchanging alcoholic beverages or illegal substances, being under the influence thereof, or possessing drug paraphernalia. “Illegal substances” include, but are not limited to, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids and other performance enhancing substances, look-alike drugs, and any substances commonly referred to as “designer drug.”
   13. Inappropriately using, selling, or sharing prescription and over-the-counter drugs.
   14. Using and/or displaying all forms of radios, walkman-style tape, CD, or DVD players, audio and/or video recorders, laptop computers, external    speakers, pagers, digital music players, cell phones (including, but not limited to, talking, text messaging, message playing, ring-tone playing, game playing, music playing, audio recording, picture taking and video taking), electronic games, and similar items during school hours. These have been determined to be a potential disruption to the school learning process.  Using and/or displaying these items during school hours is generally prohibited in school, with the following exceptions: 
       1. Music players with a headset are permitted to be used by high school students only in a scheduled high school lounge, in the high school hallways, during a scheduled lunch period in the high school cafeteria, or by K-12 students on District transportation.
       2. Cell phones are permitted to be used by high school students only in a scheduled high school lounge or during a scheduled lunch period in the high school cafeteria, by middle school and high school students in the classroom for academic purposes upon the teacher’s express prior permission, or by K-12 students on District transportation
       3. Listening to music with a headset in high school and middle school classrooms only with the prior approval of the teacher.
       4. Using laptop computers in high school and middle school classrooms only with the prior approval of the building principal or his/her designee.
       5. Electronic games and other digital devices with age-appropriate content are permitted to be used by K-12 students on District transportation. Digital content that includes sexual innuendo, that glorifies or promotes drug, alcohol, tobacco use, or violence, that is offensive to, or disrespectful of the privacy of, other students, and that is materially disruptive, is not permitted to be used thereupon. Use of digital media on District transportation must be personal and individual, and not be unwillingly shared with others on the bus.
       6. No recording, broadcasting, and/or playback equipment or materials, including but not limited to video recorders, cameras, cell phone cameras, tape recorders, or videophones, are permitted to be used in school, on school grounds, and/or at school events without prior teacher or administrator approval. No recording, broadcasting, and/or playback equipment or materials, including but not limited to video recorders, cameras, cell phone cameras, tape recorders, or videophones, are permitted to be used in school, on school grounds, and/or at school events without prior teacher or administrator approval.  Such use includes, but is not limited to, the uploading, on-line posting, texting, and/or any other form of sharing of such content with one or more individuals, through any current or future method, medium or technology. In the event that such prohibited equipment is used or is used in a way that is prohibited, a teacher or any other member of the staff will see that the recording equipment, including content if applicable, is turned in to the main office and kept there until the end of the day.  Repeated incidents, or possession of recording equipment containing content, will require a parent conference in order to retrieve the confiscated items. The District reserves the right to confiscate and retain equipment that is reasonably suspected of having been used to record, to receive and/or to transmit visual or auditory content that might be a violation of law, for review and determination by law enforcement officials.
   15. Using skateboards, roller skates, in-line skates, scooters or other similar items recreationally in school or on school grounds. In the interest of personal and traffic safety, using these items is prohibited in school and on school grounds at all times. In the event that such prohibited items are used, a teacher or any other member of the staff will see that the items are turned in to the main office and kept there until the end of the day.  Repeated incidents will require a parent conference in order to retrieve the confiscated items.
   16. Gambling.
   17. Demonstrating public displays of affection beyond handholding that are otherwise materially disruptive to the learning environment, as determined by the building principal or his/her designee.
   18. Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner.
   19. Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.
6. Engage in misconduct while on a school bus. It is crucial for students to behave appropriately while riding on district buses to ensure their safety and that of other passengers and to avoid distracting the bus driver. Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Excessive noise, pushing, shoving and fighting will not be tolerated.
7. Engage in any form of academic misconduct. Examples of academic misconduct include:
   1. Plagiarism.
   2. Cheating.
   3. Copying.
   4. Altering records.
   5. Computer or electronic communications misuse.
   6. Assisting another student in any of the above actions.
8. Engage in conduct that is committed off school premises or at non-school sponsored activities to the extent that the Superintendent of  Schools and/or  the Board of Education believes that the continued attendance in school of the student would constitute an endangerment to the health, safety, welfare or morals of the students and/or others in the schools.  

VII.  Reporting Violations

We live in a time when we must pay increased attention to the conversations that our children have with us and with their friends.  This includes all conversations and comments that mention or imply the threat of physical harm to an individual or a group. These remarks should be immediately reported to an appropriate adult, i.e. a parent and/or a teacher and, ultimately, to a school official.  It is important that students, parents, and staff understand that any threat of violence, even one seemingly made jokingly or in a casual manner, is a cause for concern and will be treated seriously by Rhinebeck school authorities.

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

All district staff who are authorized to impose disciplinary sanctions are expected to do so in a prompt, fair and lawful manner. District staff who are not authorized to impose disciplinary sanctions are expected to promptly report violations of the code of conduct to their supervisor, who shall in turn impose an appropriate disciplinary sanction, if so authorized, or refer the matter to a staff member who is authorized to impose an appropriate sanction.

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

The building principal or his or her designee must notify the appropriate local law enforcement agency of those code violations that constitute a crime and substantially affect the order or security of a school as soon as practical, but in no event later than the close of business the day the principal or his or her designee learns of the violation. The notification may be made by telephone, followed by a letter to the contacted law enforcement agency. The notification must identify the student and explain the conduct that violated the code of conduct and constituted a crime.

Notification of these types of code violations will be communicated to the building staff on a need-to-know basis, in consideration of the confidentiality rights of the student who violated the code of conduct.

VIII.       Disciplinary Interventions, Consequences, Procedures, and Referrals

When addressing student behaviors that may impede learning, school personnel should consider a range of positive supports, strategies, and interventions before removals and suspensions.  Discipline policies, practices, and behavioral intervention plans should include a variety of interventions.  These may include addressing a student’s motivation, social skills, and problem-solving abilities, and using positive reinforcement and logical consequences.

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

when necessary and to place emphasis on the students’ ability to grow in self-discipline.

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

1. The student’s age.
2. The nature of the offense and the circumstances which led to the offense.
3. The student’s prior disciplinary record.
4. The effectiveness of other forms of discipline.
5. Information from parents, teachers and/or others, as appropriate.
6. Other extenuating circumstances.

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

If the conduct of a student is related to a disability or suspected disability under IDEA, Article 89, and the Part 200 Regulations, copies of which are available by

contacting the Director of Special Education, the student shall be referred to the

Committee on Special Education.  Discipline, if warranted, shall be administered consistent with the separate requirements of this code of conduct for disciplining

students with a disability or presumed to have a disability. A student identified as having a disability shall not be disciplined for behavior related to his/her disability. The relationship between the disciplinary infraction and the disability shall require a determination by the Committee on Special Education.

A.    Interventions

Students who are found to have violated the district’s code of conduct may be subject to the following interventions, either alone or in combination.  These interventions are not necessarily listed in sequential order.  The school personnel identified after each intervention are authorized to provide or arrange for the provision of that intervention.  

1. Positive alternatives, such as: - any member of the district staff
   1. student motivation
   2. social skills
   3. problem-solving skills
   4. positive reinforcements
   5. logical consequences
   6. anger management
   7. conflict resolution, and
   8. behavior management techniques
2. Team therapeutic intervention – social worker, guidance counselor, school psychologist
3. Utilization of appropriate temporary settings – any member of the district staff

B. Consequences

Students who are found to have violated the district’s code of conduct may be subject to the following consequences, either alone or in combination. The school personnel identified after each consequence are authorized to impose that consequence, consistent with the student’s right to due process. Administrators seeking to address a particular code infraction with a penalty that is outside the range of consequences designated for that infraction must first consult with the superintendent of schools to review the unique and/or extenuating circumstances that might justify such a deviation.

1. Oral warning – any member of the district staff
2. Referral to building administrator – bus drivers, hall and lunch monitors, coaches, guidance counselors, teachers
3. Notification of parent – coaches, guidance counselors, teachers, assistant principal, principal, superintendent
4. Detention – teachers, assistant principal, principal, superintendent
5. Suspension from transportation – assistant principal, principal, superintendent
6. Suspension from athletic participation – assistant principal, principal, superintendent
7. Suspension from social or extracurricular activities – assistant principal, principal, superintendent
8. Suspension of other privileges – assistant principal, principal, superintendent
9. In-school suspension – principal, superintendent
10. Removal from classroom by teacher – teacher
11. Short-term (five days or less) suspension from school, which includes suspension from athletic participation and from social or extracurricular activities – principal, superintendent, board of education, consistent with Education Law §3214 and §2801

12. Long-term (more than five days) suspension from school, which includes suspension from athletic participation and from social or extracurricular activities – superintendent, board of education
13. Permanent suspension from school – superintendent, board of education.

C.   Infractions with Consequence References

1. Disturbances that disrupt instruction. (1, 2, 3, 4, 8, 9, 11)
2. Repeated disruption and/or substantial interference with the teacher’s authority in class, giving rise to removal on four or more occasions per semester. (11, 12)
3. Abusive language and/or indecent gestures directed at staff, students or visitors on school grounds or at school functions. (1, 2, 3, 4, 8, 9, 11)
4. Dress or grooming that is inappropriate as described in this code. (1, 2, 3, 4)
5. Possession or dissemination of obscene materials. (1, 2, 3, 4, 5, 6, 7, 8, 9, 11)
6. Possession and/or use of tobacco in any form or of electronic cigarettes on campus or at school functions. (4, 8, 9, 11)
7. Cheating in any academic, extra-curricular or co-curricular activity. (2, 3, 4, 8, 9, 11, 12)
8. Abusive and/or indecent language and/or gestures directed at school employees or students on school grounds or at school functions which provoke a fight. (2, 3, 4, 8, 9, 11)
9. Willful failure to obey the reasonable directives of school staff (insubordination), including directives not to engage in conduct otherwise referenced as an infraction in this code and for failing to notify a parent of assignment to detention. (1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12) 
10. Fighting between students where no dangerous instruments are involved and no person is injured in the altercation. (4, 9, 11)
11. Fighting between students where harm is caused to one or more of the combatants. (4, 9, 11, 12, 13)
12. A fight involving the use or threatened use of a dangerous or deadly weapon or dangerous object. (11, 12, 13)
13. Any violent act or threat of a violent act against a teacher or other staff member, as described in this code. (4, 11, 12, 13)
14. Any violent act or threat of a violent act against another student or person in the schools or at a school function, as described in this code. (4, 11, 12, 13)
15. Possession of dangerous or deadly weapons or dangerous objects on school property. (4, 11, 12, 13)
16. Possession of illegal drugs, dangerous drugs, counterfeit drugs, alcohol, unauthorized prescription drugs, a substance that the individual believes or represents to be such drugs or alcohol, or drug paraphernalia, at school or at school functions. (11, 12, 13)
17. Use of illegal drugs, dangerous drugs, counterfeit drugs, alcohol, unauthorized prescription drugs, a substance that the individual believes or represents to be such drugs or alcohol, or drug paraphernalia, at school or while attending school functions. (11, 12, 13)
18. Sale, sharing, or other distribution of illegal drugs, dangerous drugs, counterfeit drugs, alcohol, unauthorized prescription drugs, or a substance that the individual believes or represents to be such drugs or alcohol, at school or while at school functions. (11, 12, 13)
19. Use or misuse, sale, sharing or distribution of prescription or over-the-counter drugs without the supervision of the school nurse or the building administrator, at school or while at school functions. (1, 2, 3, 4, 11, 12, 13) 
20. Possession of fireworks on school property or at school functions. (11, 12) 
21. Use of fireworks while on school property or at school functions. (11, 12, 13) 
22. Commission of conduct that constitutes a misdemeanor while on school property or at a school function. (11, 12)
23.  Commission of conduct that constitutes a felony while on school property or at a school function. (11, 12, 13)
24.  Commission of conduct that is committed off school premises or at a non-school sponsored activity if it is believed by school authorities that the continued attendance in school by the student committing the crime would constitute an endangerment to the health, physical and/or emotional safety, welfare or morals of the students or others in the schools. (11, 12, 13) 
25. Gambling. (1, 2, 3, 4, 6, 7, 8, 9, 11) 
26. Hazing. (11, 12)
27. Lewd behavior. (9, 11, 12)
28. Extortion. (11, 12, 13)
29. Plagiarism. (3, 4, 9, 11)
30. Arson. (11, 12, 13)
31. Intentional destruction of school property. (9, 11, 12, 13)
32. Theft of school property. (11, 12, 13)
33. Mental or physical condition that endangers the health, safety and/or welfare of the student or others. (9, 11, 12, 13)
34. Using and/or displaying during school hours any and all forms of radios, walkman-style tape, CD, or DVD players, audio and/or video recorders, laptop computers, external speakers, pagers, digital music players, cell phones (including, but not limited to, talking, text messaging, message playing, ring-tone playing, game playing, music playing, audio recording, picture taking and video taking), electronic games, and similar items; using a music player with a headset except by high school students only in a scheduled high school lounge, in the high school hallways, during a scheduled lunch period in the high school cafeteria, or by K-12 students on District transportation; using a cell phone except by high school students only in a scheduled high school lounge, during a scheduled lunch period in the high school cafeteria, or by K-12 students on District transportation; using a music player with a headset or a laptop computer, except in high school and middle school classrooms at the discretion of the individual classroom teacher; using electronic games, other than age-appropriate software by K-12 students on District transportation; using any recording, broadcasting, and/or playback equipment or materials, including but not limited to video recorders, cameras, cell phone cameras, tape recorders, or videophones, in school, on school grounds, and/or at school events without prior teacher or administrator approval, (confiscation, 1, 2, 3, 4, 9, 11)
35. Violation of computer use policy. (1, 2, 3, 4, 8 – computer privileges, 9, 11, 12)
36. Class, study hall, homeroom, teacher detention, administrative detention cuts. (4, 9, 11)
37. Eating or drinking outside of lunch periods without prior permission from a staff member or where otherwise prohibited. (1, 2, 3, 4)
38. Driving recklessly, speeding, failing to follow staff directives on school grounds. (8 – driving privileges, 9, 11)
39. Activation of a false alarm, bomb threat or other disaster alarm. (11, 12)
40. Forgery or fraud. (3, 4, 8, 9, 11, 12)
41. Bullying, including cyberbullying, and harassment. (sexual [refer to BOE Policy 0120], racial, etc.) (1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13)
42. Intimidation or coercion. (9, 11, 12)
43. Leaving campus without prior authorization. (2, 3, 4, 8, 9, 11)
44. Parking in unauthorized areas. (1, 2, 3, 4, 9, 11)
45. Public displays of affection beyond hand holding. (1, 2, 3, 4, 9, 11)
46. Tardiness to class/school. (1, 2, 3, 4, lunch detention)
47. Unauthorized absence from school. (1, 2, 3, 4, 9)
48. Theft of personal property. (4, 9, 11, 12)
49. Being in any school building or on school grounds  outside of activity hours and/or while suspended from school. (1, 2, 3, 4, 7, 8, 9, 11)
50. Being in an unauthorized area of a school building or campus. (1, 2, 3, 4, 7, 8, 9, 11)

The repetition of an infraction may lead to the imposition of the next measure of discipline.  Chronic repetition of infractions may lead to long-term suspension or permanent suspension.

D.  Procedures

The type of due process a student is entitled to receive before a penalty is imposed depends on the consequence being imposed. In all cases, regardless of the consequence imposed, the school personnel authorized to impose the consequence must inform the student of the alleged misconduct and must investigate, to the extent necessary, the facts surrounding the alleged misconduct. All students will have an opportunity to present their version of the facts to the school personnel imposing the disciplinary consequence in connection with the imposition of the penalty. Students who are to be given consequences other than an oral warning or written notification to their parents are entitled to additional rights before the penalty is imposed. These additional rights are explained below.

1. Detention

Teachers, the assistant principal, principals and the superintendent may use detention as a consequence for student misconduct in situations where removal from the classroom or suspension would be inappropriate. Detention may be conducted during the school day, during the time normally reserved for lunch and/or recess.

At the middle school level, detention may also be conducted after school on

designated days from 2:20 p.m. through 3:10 p.m.  At the high school level, detention may also be conducted after school on designated days, either from 2:20 p.m. through 3:10 p.m. (minor detention) or from 2:20 p.m. through 4:30 p.m. (major detention).  After-school detention will be imposed as a consequence only after the student’s parent has been notified to confirm that there is no parental objection to the penalty and the student has appropriate transportation home following detention.

2. Suspension from transportation

If a student does not conduct himself/herself properly on a bus, the bus driver is

expected to bring such misconduct to the building principal’s attention. Students who become a serious disciplinary problem may have their riding privileges suspended by the building principal or the superintendent. In such cases, the student’s parent will become responsible for seeing that his or her child gets to and from school safely. Should the suspension from transportation amount to a suspension from attendance, the district will make appropriate arrangements to provide for the student’s education.

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

3. Suspension from athletic participation, extra curricular activities and other privileges

A student subjected to a suspension from athletic participation, extra-curricular activities or other privileges is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a

reasonable opportunity for an informal hearing with the district official imposing the suspension to review the conduct and the penalty involved.

4. In-school suspension

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

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.

5. Teacher disciplinary removal of disruptive students

A student’s behavior can affect a teacher’s ability to teach and can make it difficult for other students in the classroom to learn. In most instances the classroom teacher can control a student’s behavior and maintain or restore control over the classroom by using good classroom management techniques. These techniques may include defusion, de-escalation, and redirection.

After the classroom teacher has exhausted these and other appropriate interventions, the teacher may need to direct a student to leave the classroom briefly to give the student an opportunity to regain his or her composure and self-control in an alternative setting. Such practices may include, but are not limited to: (1) short-term “time out” in an elementary classroom or in an administrator’s office; (2) sending a student into the hallway briefly; (3) sending a student to the principal’s office for the remainder of the class time only; or (4) sending a student to a guidance counselor or other district staff member for counseling.  These classroom management techniques do not constitute disciplinary removals for purposes of this code.

On occasion, a student’s behavior may become disruptive in class. For purposes of this code of conduct, a disruptive student is a student who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom. A substantial disruption of the educational process or substantial interference with a teacher’s authority occurs when a student demonstrates a persistent unwillingness to comply with the teacher’s instructions or repeatedly violates the teacher’s classroom behavior rules.

A classroom teacher may remove a disruptive student from class for up to two days. The removal from class applies to the class of the removing teacher only.

If the teacher finds that the student’s continued presence in the classroom does not pose a continuing danger to persons and property and does not present an ongoing threat of disruption to the academic process, the teacher shall, prior to removing the student from the classroom, provide the student with an explanation of the basis for the removal and allow the student to informally present his/her version of the relevant events. In all other cases, the teacher shall provide the student with an explanation of the basis for the removal and an informal opportunity to be heard within twenty-four hours after the student’s removal.

If the student poses a danger or ongoing threat of disruption, the teacher may order the student to be removed immediately. The teacher must, however, explain to the student why he or she was removed from the classroom and give the student a chance to present his or her version of the relevant events within 24-hours.

The teacher must complete a district-established disciplinary referral 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 circumstances of the removal and to present the referral form. If the principal or designee is not available by the end of the same school day, the teacher must leave the form with the secretary and meet with the principal or designee prior to the beginning of classes on the next school day.

Within 24-hours after the student’s removal, the principal or another district administrator designated by the principal must notify the student’s parents, by telephone and letter, that the student has been removed from class and the reasons for the removal. The notice must also inform the parent that he or she has the right, upon request, to meet informally with the principal or the principal’s designee to discuss the reasons for the removal.

If the parent, upon notification by the authorized administrator, requests an informal conference, the teacher who ordered the removal is required to be present at 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 may overturn the removal of the student from class if the principal finds any one of the following:

1. The charges against the student are not supported by substantial evidence.
2. The student’s removal is otherwise in violation of law, including the district’s code of conduct.
3. The conduct warrants suspension from school pursuant to Education Law §3214 and a suspension will be imposed.

The principal may overturn a removal at any point between receiving the referral form issued by the teacher and the close of business on the day following the 48-hour period for the informal conference, if a conference is requested. No student removed from the classroom 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.  In the event of teacher removal of a disruptive student in accordance with the code of conduct, continued educational

programming will be provided as soon as practicable.

Each teacher must keep a complete written log, including student name, class, explanation of infraction with details, date of infraction, and date(s) of removal from class, for all cases of removal of students from his or her class. The principal must keep a written log, to include the same information, of all removals of students from classes in that principal’s school.

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 that the removal will not constitute a change in placement.

6. Suspension from school

Suspension from school is a severe penalty, which may be imposed only upon students who are insubordinate, seriously disorderly, violent or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others.  A student suspended from a BOCES vocational program is automatically suspended from the home school, and a student suspended from the home school is automatically suspended from the BOCES vocational program. 

The Board retains its authority to suspend students, but places primary responsibility for the suspension of students with the superintendent and the building principals. Any staff member may recommend to the superintendent or the principal that a student be suspended. All staff members must immediately report and refer a violent student to the principal or the superintendent for a violation of the code of conduct. All recommendations and referrals shall be made in writing unless the conditions underlying the recommendation or referral warrant immediate attention. In such cases a written report is to be prepared as soon as possible by the staff member recommending the suspension.

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

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

When the superintendent or principal (referred to as the “suspending authority”) proposes to suspend a student charged with misconduct for five days 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 the charges against the student and the incident for which suspension is proposed and shall inform the parents of the right

to request an immediate informal conference with the principal. Both the notice and informal conference shall be in the dominant language or mode of communication used by the parents. At the conference, the parents shall be permitted to ask questions of complaining witnesses under such procedures as the principal may establish.

The notice and opportunity for an informal conference shall take place before the student is suspended unless the student’s presence in school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process. If the student’s presence does pose such a danger or threat of disruption, the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practicable.

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

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

When the superintendent or building principal determines that a suspension for more than five days may be warranted, he or she shall give reasonable notice to the student and the student’s parents of their right to a fair hearing. At the hearing the student shall be informed regarding the privilege against self-incrimination, and shall have the right to be represented by counsel, the right to question witnesses against him or her and the right to present witnesses and other evidence on his or her behalf.

The superintendent shall personally hear and determine the proceed­ing or may, in his or her discretion, designate a hearing officer to conduct the hearing. The hearing officer shall be authorized to admin­ister oaths and to issue subpoenas in conjunction with the proceeding before him or her. A record of the hearing shall be maintained, but no steno­graphic transcript shall be required. A tape recording shall be deemed a satisfactory record. The hearing officer shall make findings of fact and recommendations as to the appropriate measure of discipline to the superintendent. The report of the hearing officer shall be advisory only, and the superintendent may accept all or any part thereof.

An appeal of the decision of the superintendent may be made to the Board that will make its decision based solely upon the record before it. All appeals to the board must be in writing and submitted to the district clerk within 10 business days of the date of the superintendent’s decision, unless the parents can show that extraordinary circumstances precluded them from doing so. The Board may adopt in whole or in part the decision of the superintendent. Final decisions of the Board may be appealed to the Commissioner within 30 days of the decision.

c. Permanent suspension

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

E.  Minimum Periods of Suspension

1. Students who bring a weapon to school

Any student found guilty of bringing a weapon onto school property will be subject to suspension from school for at least one calendar year. A student with a disability or suspected disability shall be reviewed in accordance with Section X of this document.

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 following:

1. The student’s age.
2. The student’s grade in school.
3. The student’s prior disciplinary record.
4. The superintendent’s belief that other forms of discipline may be more effective.
5. Input from parents, teachers and/or others.
6. Other extenuating circumstances.

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

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

Any student who is found to have committed a violent act, as outlined in Section II and Section VI, other than bringing a weapon onto school property, shall be subject to suspension from school for at least five days.  A student with a disability shall be reviewed in accordance with Section X of this document. 

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 superintendent’s hearing given to all students subject to a long-term suspension. The superintendent has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

3. Students who are repeatedly substantially disruptive of the educational process or repeatedly substantially interfere with the teacher’s authority over the classroom

Any student who repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom will be suspended from school for at least two to five days. A student with a disability shall be reviewed in accordance with Section X of this document.  For purposes of this code of conduct, “repeatedly is substantially disruptive” means engaging in conduct that results in the student being removed from the classroom by teacher(s) pursuant to Education Law §3214(3-a) and this code on four or more occasions during a semester. If the proposed penalty is the minimum suspension of two to five days, 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 a five-day suspension, the student and the student’s parent will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The superintendent has the authority to modify the minimum suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

F.   Referrals

1. Counseling

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

2. PINS Petitions

The district may file a PINS (person in need of supervision) petition in Family

Court on any student under the age of 18 who demonstrates that he or she requires supervision and treatment by:

1. Being habitually truant and not attending school as required by part one of Article 65 of the Education Law.
2. 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.
3. Knowingly and unlawfully possesses marijuana in violation of Penal Law §221.05. A single violation of §221.05 will be a sufficient basis for filing a PINS petition.
4. Juvenile Delinquents and Juvenile Offenders

The Superintendent is required to refer the following students to the County Attorney for a juvenile delinquency proceeding before the Family Court:

1. Any student under the age of 16 who is found to have brought a weapon to school, or
2. Any student 14 or 15 years old who qualifies for juvenile offender status under the Criminal Procedure Law §1.20 (42).

The Superintendent is required to refer students age 16 and older or any student 14 or 15 years old who qualifies for juvenile offender status to the appropriate law enforcement authorities.

IX.  Dignity for All Students: Prohibiting Bullying, Discrimination, Hazing and Harassment

In accordance with New York State’s “Dignity for All Students Act” (“DASA”), the Board of Education is committed to fostering civility and providing all students and staff within the school district with an environment in which to learn and work that is safe, civil and respectful, and free from all forms of bullying, discrimination, hazing, and/or harassment.  Therefore, the Board condemns, and will not tolerate, any and all instances of bullying and harassing behavior, and all behavior that has the purpose or effect of creating an intimidating, hostile, dangerous or offensive learning or working environment.  It shall be a violation of this policy for any K-12 student, school district employee or third party (school visitor, volunteer, contractor, vendor, etc.) to bully, harass, discriminate, or intimidate through word or deed any other student, employee, or any other individual associated with the school.

Policy Definitions

• “School Property” means in or within any building, structure, athletic playing field, playground, parking lot, or land contained within the real property boundary line of a public elementary or secondary school; or in or on a school bus (Education Law §11[1]).

• “School Bus” means every motor vehicle owned by a public or governmental agency or private school and operated for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity, to or from school or school activities, or, privately owned and operated for compensation for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities (Education Law §11[1] and Vehicle and Traffic Law §142).

• “School Function” means a school sponsored extracurricular event or activity (Education §11[2]).

• “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 of 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 §11[4] and Executive Law §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 §§11[4] and 1125[3]).

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

• “Gender” means actual or perceived sex and includes a person’s gender identity or expression (Education Law §11[6]).

• “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§11[7])

• “Hazing” is an induction, initiation or membership process involving harassment which produces public humiliation, physical or emotional discomfort, bodily injury or public ridicule or creates a situation where public humiliation, physical or emotional discomfort, bodily injury or public ridicule is likely to occur.

For the purposes of this policy and its implementation, bullying, discrimination, hazing, and/or harassment are considered as negative, hateful, and/or intimidating actions or behaviors that intend to and/or that do harm, that upset, or that compromise the physical, psychological, or emotional safety of a targeted person or persons.  Anyone can become the target of bullying, discrimination, hazing,

and/or harassment. Bullying, discrimination hazing, and/or harassment may be based upon race, color, weight, national origin, ethnic group, religion, religious practice, sex, gender, gender identity or expression, sexual orientation, or disability, all either actual or perceived.  However, bullying, discrimination hazing, and/or harassment are certainly not limited to individuals in these or other protected classes, and could be based upon other characteristics as well, such as, but not limited to, social or socioeconomic status, height, or other characteristics that an individual or individuals may target a victim for  bullying, discrimination, hazing, and/or harassment.  Such actions or behaviors may take place on school property, at any school-sponsored function regardless of the location, and/or on a school bus. 

In addition, such actions or behaviors may otherwise take place off school grounds if they are designed to, or have the effect of, interfering with one’s ability to attend school, to work, and/or to be educated/employed in a safe, non-hostile environment. Bullying, discrimination hazing, and/or harassment that takes place at locations outside of school grounds which can be reasonably expected to materially and substantially interfere with the requirements of appropriate discipline in the operation of the school or impinge on the rights of other students is prohibited, and may be subject to disciplinary consequences.

The District reserves the right to discipline students who engage in harassment of students off school property under circumstances where such off-campus conduct would be violative of the student code of conduct.

Any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participate in the investigation of allegations of harassment is prohibited. Follow-up inquiries and/or appropriate monitoring of the alleged harasser and victim shall be made to ensure that the prohibited behavior has not resumed and that those involved in the investigation of allegations of the prohibited behavior have not suffered retaliation.  Furthermore, any person having reasonable cause to suspect that a student or staff member has been subjected to bullying, discrimination, hazing or harassment by an employee or a student, as defined in this policy, and reports said prohibited behavior as required shall be free from retaliation of any kind.   

Forms of bullying may include, but are not limited to physical aggression (such as hitting, kicking, spitting, pushing, taking personal belongings), social or relational aggression (such as intimidation), social exclusion, verbal aggression (such as taunting, malicious teasing, spreading rumors, name calling, making threats), non-verbal aggression, extortion, bias harassment, hate speech or actions, sexual

harassment (refer to Policy #0110), electronic bullying or cyberbullying (harassment or bullying by any form of electronic communication, such as communications using instant messaging, e-mail, websites, blogs, chat rooms, gaming systems, social media web sites, text messaging, pagers, cell phones, and/or cell phone camera photographs, including incidents occurring off school property that create or would foreseeably create a risk of substantial disruption within the school environment.), and hazing (any conduct, methods of initiation into any student organization, whether on public or private property, before, during or after school hours, which willfully or recklessly endangers the physical or mental health of any student or other person, or which is reasonably likely to cause embarrassment, intimidation, physical, emotional or psychological harm, including loss of human  dignity, to another person.). All such conduct is disruptive of the educational process and is therefore prohibited.

It is the responsibility of all students and staff to create, support, and maintain a safe, civil and respectful school environment.  This includes school-sponsored functions, school buses, athletics, and other school activities, whether on or off of school premises. 

School training programs to raise awareness of and to discourage bullying, discrimination, hazing, and discrimination will be developed for use with students and staff and will be provided to students and to staff on an annual basis. In addition, staff members will be trained annually in awareness of  and sensitivity to potential bullying, discrimination, hazing, and harassment to enable them to prevent and respond to any and all situations therof.

In order to maintain a climate of mutual respect and dignity for all students that will strengthen students’ confidence and promote learning, members of the staff are expected to confront issues of bullying, discrimination, hazing and/or harassment and/or any other situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school, property or at a school function. Staff members are expected to address personal biases that may prevent equal treatment of all students in the school or the classroom setting, and to report incidents of bullying, discrimination, and/or harassment that are witnessed or otherwise brought to the attention of the staff member in a timely fashion.

Staff members who observe behaviors that are, or might reasonably be understood to be, incidents of bullying, discrimination, hazing, or harassment are required to intervene and address such incidents, and to report such incidents that they observe or are reported to them to the building principal, or his/her designee, as soon as possible after it occurs, and on a consistent and timely basis.  The Building Principal, or his/her designee, will promptly investigate all complaints of bullying, discrimination, hazing, and/or harassment, either formal or informal, verbal or written, and pursue appropriate administrative action, consisting of

measured, balanced, and age-appropriate responses, with remedies focused on intervention and education, with the focus of discipline on discerning and correcting the reasons why bullying, discrimination and/or harassment occurred, as indicated by the outcome of the investigation.

Remedial responses should be designed to correct the problem behavior, prevent another occurrence of the behavior, and protect the target of the act or acts.

Appropriate individual-focused remedial measures may include, but are not limited to: peer support groups, corrective instruction or other relevant learning or service experience; supportive intervention; behavioral assessment or evaluation; behavioral management plans with closely-monitored benchmarks; student counseling; and parent conferences. School-wide or environmental remediation strategies may include, but are not limited to: supervisory systems; school and/or community surveys to identify conditions contributing to relevant behavior; research-based, systemic prevention programs; modification of schedules; adjustment of hallway traffic patterns and flow; targeted use of monitors; staff professional development; parent conferences; involvement of parent-teacher organizations; and peer support groups.   

Victims of bullying, discrimination, hazing, and/or harassment, as well as individuals who have knowledge of, or who witness, a possible occurrence of bullying, discrimination and/or harassment, are strongly encouraged to report such an incident to a member of the staff as soon as possible if anticipated or after it occurs. The staff member to whom the report is made shall make a report to the Building Principal or designee and/or the official designated by the District to investigate allegations of bullying, discrimination, hazing, and/or harassment. The victim’s privacy and need for anonymity will be respected by the staff member(s) to whom the incident has been reported.  Anonymous reporting, while severely hampering school authorities from fully enforcing this policy and the Code of Conduct, will enable school authorities to monitor the situation in the future and intervene as necessary.  Retaliation against victims, witnesses, and others for reporting such an incident, as well as deliberately falsely reporting such an

incident, is a violation of this policy as well.

The Board supports initiatives on the part of staff to model respectful behavior in the District’s schools and to acknowledge appropriate behavior by students and staff members. In addition, the Building Principal of each school will serve as the Dignity Act Coordinator (DAC) of that school.  The school’s Dignity Act Coordinator will lead and coordinate the efforts of the school’s DASA Team, which will be comprised of the individual school’s administrators and pupil personnel staff, who will be thoroughly trained to handle human relations in the areas of bullying, discrimination, hazing, and/or harassment identified in this policy, in order to proactively address, and to respond to, any and all incidents thereof.   

The Superintendent of Schools is directed to develop and implement specific procedures for reporting, investigating, resolving, and documenting bullying and harassment complaints, as well as to implement training programs for staff and age-appropriate bullying and harassment prevention and education programming for students, and to communicate information about this policy to staff, students, parents and community members through various means, including the District web site.

DISTRICT CODE OF CONDUCT-Part C

X. Alternative Instruction

When a teacher removes a student of any age is removed from class 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.  In the event of teacher removal of a disruptive student in accordance with the Code of Conduct, continued educational programming will be provided as soon as practicable.

XI.  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.

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

apply:

• Section 504/Title II ADA Disability: Before discipline may be meted out for a student with a disability or suspected disability founded solely under §504 of the    Rehabilitation Act of 1973 (hereinafter“§504”)/Title II of the Americans With Disabilities Act (hereinafter the “ADA”), the §504 multi-disciplinary committee (hereinafter the “§504 Committee”) must make a determination of         

      whether the conduct underlying the charge(s) was a manifestation of the disability.

1. If a nexus is found between the disability and the conduct underlying the

charges, the §504 Committee must register a referral and bring about an evaluation of a student with a suspected disability or, if the student is already eligible under §504, it must consider possible program modification and disposition on a non-disciplinary basis.

2. If no nexus is found, yet a disability is indicated or has been identified, discipline may be imposed upon remand to the §3214 Hearing Officer.

Students whose sole disabilities are founded under §504 and for whom no nexus is found shall be disciplined in the same manner as their non-disabled peers.

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

The District must continue to provide a free appropriate public education to students who have been suspended from school as required by the regulations

implementing §504 (34 CFR §104 et. Seq.) until the end of the school year in

      which the student reaches the age of 21.

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

If a nexus is found between the disability and the conduct, the §3214 proceeding must be discontinued (except for weapons, drugs and dangerous behavior) and the matter placed under the jurisdiction of the CSE for any further consideration.  The CSE must register a referral and bring about an evaluation in the case of a student who may be determined to be known as having a disability or, if the student is already classified under IDEA, it must consider possible program modification and disposition on a non-disciplinary basis.

1. If no nexus is found, yet nonetheless a disability is indicated or has been identified, discipline may be imposed upon remand to the §3214 Hearing Officer. The relevant disciplinary procedures applicable to children without disabilities may be applied in the same manner in which they would be applied to children without disabilities, as long as the child continues to receive a free appropriate public education during any such term of suspension.                                                                     

2. Where no nexus is found and no suspected disability is determined to exist, the matter shall be remanded to the §3214 hearing officer for a determination of penalty.

Any penalty imposed may not be based on past behavior for which a nexus

determination was not made.

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

A.  Authorized Suspensions or Removals of Students with Disabilities

For purposes of this section of the code of conduct, the following definitions apply.

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

For purposes of change in placement, a “removal” means a removal for disciplinary reasons 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 himself 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, including those described on the

student’s current individualized education program (IEP), that will enable the student to meet the goals set out in such IEP, and include services and modifications to address the behavior which precipitated the IAES placement that are designed to prevent the behavior from recurring.

School personnel may order the suspension or removal of a student with a disability from his or her current educational placement, as follows:                                                                                                      

1. The Board, the district (BOCES) superintendent of schools or a building principal may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed five consecutive school days and not to exceed the amount of time a non-disabled student would be subject to suspension for the same behavior.
2. The Superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for up to 10 consecutive school days, inclusive of any period in which the student has been suspended or removed

under subparagraph (a) above for the same behavior, if the superintendent determines that the student has engaged in behavior that warrants a suspension and the suspension or removal does not exceed the amount of time non-disabled students would be subject to suspension for the same behavior.

1. The superintendent may order additional suspensions of not more than 10 consecutive school days in the same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.
2. The superintendent may order the placement of a student with a disability in an IAES to be determined by the committee on special education (CSE), for the same amount of time that a student without a disability would be subject to discipline, but not more than 45 days, if the student carries or possesses a weapon to school or to a school function, or the student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function.

• “Weapon” means the same as “dangerous weapon” under 18 U.S.C. § 930(g)(w) which includes “a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except...[for] a pocket knife with a blade of less than 2 1/2 inches in length.”

2)   “Controlled substance” means a drug or other substance identified in certain provisions of the federal Controlled Substances Act specified in both federal and state law and regulations applicable to this policy.

3)   “Illegal drugs” means a controlled substance except for those legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or any other federal law.

            Subject to specified conditions required by both federal and state law and regulations, an impartial hearing officer may order the placement of a student with a disability in an IAES setting for up to 45 days at a time, if maintaining the student in his or her current educational placement poses a risk of harm to the student or others.

B.  Change of Placement Rule

1. A disciplinary change in placement means a suspension or removal from a student’s current educational placement that is either:

1. for more than 10 consecutive school days; or
2. for a period of 10 consecutive school days or less if the student is subjected to a series of suspensions or removals that constitute a pattern because they cumulate to more than 10 school days in a school year and because of such factors as the length of each suspension or removal, the total amount of time the student is removed and the proximity of the suspensions or removals to one another.
3. 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 an IAES for                                                                                                            

behavior involving weapons, illegal drugs or controlled substances.                                                                                    

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

1. The District’s Committee on Special Education shall:
   1. 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 necessary.
      
      If one or more members of the CSE believe that modifications are needed, the school district shall convene a meeting of the CSE to modify such plan and its implementation, to the extent the committee determines necessary.
   2. 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 school 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.
   1. The superintendent, building principal or other school official imposing a suspension or a teacher imposing a removal shall be responsible for determining whether the student is a student presumed to have a disability.
   2. 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:
      1. conducted an individual evaluation and determined that the student is not a student with a disability, or
      2. 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 student 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 safeguards 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 school 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 duprocess

procedures applicable to such removals of non-disabled students, except that 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.

D.  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:
   1. The 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.
   2. 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.
      1. During the pendency of an expedited due process hearing or appeal regarding the placement of a student in an IAES for behavior [involving weapons, illegal drugs or controlled substances, 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.
      2. 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.

E.  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 whom a crime is reported, consistent with the consent requirements of FERPA.

XII.  Corporal Punishment

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

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

1. Protect oneself, another student, teacher or any person from physical injury.
2. Protect the property of the school or others.
3. Restrain or remove a student whose behavior interferes with the orderly exercise and performance of school district functions, powers and duties, if that student has refused upon verbal command 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.  

DISTRICT CODE OF CONDUCT - PART D

XIII.  Student Searches and Interrogations

The Board of Education is committed to ensuring an atmosphere on school property and at 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 district 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 a 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 assistant principal, and the school nurse 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 District Code of Conduct.

Before searching a student or the student’s belongings, the authorized school official should attempt to get the student to admit that he or she possesses physical evidence that they violated the law or the district code, or get the student to voluntarily consent to the search. Searches will be limited to the extent necessary to locate the evidence sought.

An authorized school official may conduct a search of a student’s belongings that is minimally intrusive, such as touching the outside of a book bag, without

reasonable suspicion, so long as the school official has a legitimate reason for the very limited search.

An authorized school official may search a student or the student’s belongings based upon information received from a reliable informant. Individuals will be considered reliable informants if they have previously supplied information that was accurate and verified, or they make an admission against their own interest, or they provide the same information that is received independently from other sources, or they appear to be credible and the information they are communicating relates to an immediate threat to safety. District employees will be considered reliable informants unless they are known to have previously supplied information that they knew was not accurate.

Whenever practicable, searches will be conducted in the privacy of administrative offices or the nurse’s office and students will be present when their possessions are being searched.

A.  Student Lockers, Desks and Other School Storage Places

The rules in this code of conduct regarding searches of students and their belongings do not apply to student lockers, desks and other school storage places. Students have

no reasonable expectation of privacy with respect to these places and school officials retain complete control over them. This means that student lockers, desks and other school storage places may be subject to search at any time by school personnel, without prior notice to students and without their consent.

B.  Strip Searches

A strip search is a search that requires a student to remove any or all of his or her

clothing, other than an outer coat or jacket. If an authorized school official believes it is necessary to conduct a strip search of a student, the school official may do so only if the search is authorized in advance by the superintendent or the school attorney. The only exception to this rule requiring advanced authorization is when the school official believes there is an emergency situation that could threaten the safety of the student or others.

Strip searches may only be conducted by an authorized school official of the same sex as the student being searched and in the presence of another district professional employee who is also of the same sex as the student.

In every case, the school official conducting a strip search must have probable cause – not simply reasonable cause – to believe the student is concealing evidence of a violation of law or the district code. In addition, before conducting a strip search, the school official must consider the nature of the alleged violation, the student’s age, the student’s record and the need for such a search.                                                                         

School officials will attempt to notify the student’s parent by telephone before conducting a strip search, or in writing after the fact if the parent could not be reached by telephone.  The student’s consent to the strip search shall be sought prior to conducting the search.

C.  Documentation of Searches

The authorized school official conducting the search shall be responsible for promptly recording the following information about each search:          

1. Name, age and grade of student searched.
2. Reasons for the search.
3. Name of any informant(s).
4. Purpose of search (that is, what item(s) were being sought).
5. Type and scope of search.
6. Person conducting search and his or her title and position.
7. Witnesses, if any, to the search.
8. Time and location of search.
9. Results of search (that is, what items(s) were found).
10. Disposition of items found.
11. Time, manner and results of parental notification.

The building principal or the principal’s designee shall be responsible for the custody, control and disposition of any illegal or dangerous item taken from a student. The principal or his or her designee shall clearly label each item taken from the student and retain control of the item(s), until the items is turned over to the police. The principal or his or her designee shall be responsible for personally delivering dangerous or illegal items to police authorities.

D.  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 questioning or search of a student on school property or at a school function.

1. Child Protective Services 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 services 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 shall decide if it is necessary and appropriate for a school official to be present during the interview, depending on the age of the student being interviewed and the nature of the allegations. 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 services worker to verify the allegations, the school nurse or other district medical personnel must be present during that portion of the interview.  No student may be required to remove his or her clothing in front of a child protective services worker or school district official of the opposite sex.

A child protective services worker may not remove a student from school property unless authorized by law.

DISTRICT CODE OF CONDUCT - PART E

XIV. 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 first to the designated reception area upon arrival at the school. There they will be required to sign the visitor’s register, will be issued a visitor’s identification badge, which must be worn at all times while in the school or on school grounds, and will be directed by a member of the staff to report to main office or other appropriate location. The visitor must return the identification badge to the staff member at the reception area and sign out before leaving the building.
3. Visitors attending school functions that are open to the public, such as parent-teacher organization meetings 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.

DISTRICT CODE OF CONDUCT - PART F

XV.  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 an 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 when 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 the district. The purpose of this code is to maintain public order and prevent abuse of the 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, other district employee or any person lawfully on school property, including graffiti or arson.
3. Disrupt the orderly conduct of classes, school programs or other school

      activities.

4. Distribute or wear materials, or use language or gestures, on school grounds or at school functions that are obscene, advocate illegal action, appear libelous, or are disruptive to the school program.
5. Distribute or post any written material, pamphlets or posters without prior written approval of the superintendent or his/her designee.
6. Intimidate, harass or discriminate against any person on the basis of race, color, creed, national origin, religion, age, gender, sexual orientation or disability.
7. Enter any portion of school grounds or the school premises without legitimate school business to conduct and/or without expressed advance administrative authorization, or remain in any building or facility after it is normally closed.
8. Obstruct the free movement of any person in any place to which this code applies.
9. Violate the traffic laws, parking regulations or other restrictions on vehicles.
10. Allow pets to defecate on school grounds without cleaning up after them.
11. Possess, consume, sell, share, distribute or exchange alcoholic beverages, tobacco products, and/or other controlled substances (including prescription drugs), or

      be under the influence of either on school property or at a school function.

12. Possess or use weapons in or on school property or at a school function, except in the case of law enforcement officers or except as specifically authorized by the school district.
13. Use any recording, broadcasting, and/or playback equipment or materials, including but not limited to video recorders, cameras, cell phone cameras, tape recorders, or videophones, in school, on school grounds, and/or at school events without prior teacher or administrator approval, except at school functions that are open to the public, unless otherwise prohibited,
14. Loiter on or about school property.
15. Gamble on school property or at school functions.
16. Refuse to comply with any reasonable order of identifiable school district officials performing their duties.
17. Willfully incite others to commit any of the acts prohibited by this code.
18. Violate any federal or state statute, local ordinance or board policy while on school property or while at a school function.

B. Dress Code

Faculty and staff handbooks will set forth a general dress code which does not

infringe upon individual rights.  The school district does not generally prescribe faculty/staff and visitor dress while they are on school grounds or at a school function if fashion or taste is the major criterion. However, the district will impose restrictions when a faculty/staff member’s or visitor’s dress is clearly dangerous, given the activity in which they are participating, or so inappropriate as to interfere with the orderly conduct of a school activity, the learning process, and/or the teaching process.  In particular, faculty/staff are asked to consider that their dress can be construed as a model for students and careful judgment needs to be exercised in the selection of appropriate clothing and attire while representing the school district.

Individual faculty/staff and visitors have the responsibility for their own dress and

general appearance.  Faculty/staff and visitors are required to attend classes and activities in appropriate dress that meets health and safety standards and does not

interfere with school district activities and/or the education of district students.

When necessary, faculty/staff and visitors will be asked to wear appropriate protective gear in certain classes and/or activities (i.e. home economics, shop, P.E., etc.).  Clothing and attire which have an expression (phrase, word or words) or insignia (picture, symbol, patch, or pin) which is obscene, sexually suggestive, or libelous (that is, which contains objectionable language, including insults, whether directed to themselves or others), or which advocates racial, religious, gender, age, disability, or sexual orientation prejudice is forbidden.

If found wearing such attire, faculty/staff and visitors may be asked to return home and change clothes prior to returning to the school.  For faculty/staff

involved in such an event, continued wearing of the inappropriate clothing and attire may lead to disciplinary action.

C.  Penalties

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

1. Visitors’ authorization, if any, to remain on school grounds or at the school function shall be withdrawn and they shall be directed to leave the premises. If they refuse to leave, they shall be subject to ejection.
2. Students shall be subject to disciplinary action as the facts may warrant, in accordance with the due process requirements.
3. Tenured faculty members shall be subject to disciplinary action as the facts may warrant in accordance with Education Law §3020-a or any other legal rights that they may have.
4. Staff members in the classified service of the civil service entitled to the protection of Civil Service Law §75 shall be subject to immediate ejection and

      to disciplinary action as the facts may warrant in accordance with Civil Service Law §75 or any other legal rights that they may have.

5. Staff members other than those described in subdivisions 3 and 4 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 administrator or his or her designee shall be responsible for enforcing the conduct required by this code.

When the building administrator 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 the 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 a civil or criminal legal action against any person violating the code.

DISTRICT CODE OF CONDUCT - Part G

XVI.  Dissemination and Review

A.  Dissemination of 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 each 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 of Education 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 this 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, in light of student discipline data to be reported annually to the Board, as well as feedback received from administrators, staff, students, parents, and community members.

The Board will 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.

CODE OF CONDUCT - Section IX Regulations

BULLYING, DISCRIMINATION, HAZING AND HARASSMENT REGULATION

Any student or employee who believes that he or she has been subject to bullying, discrimination, hazing or harassment, either verbal or non-verbal, is encouraged to report all incidents, either orally or in writing, pursuant to District policy and regulation.  Anyone with relevant information may report allegations of bullying, discrimination, hazing, or harassment, whether that person is a student, a District employee, a parent or guardian, or any other person who has relevant information.  The person reporting the bullying, discrimination, hazing, or harassment need not be a witness to the alleged incident in order to report allegations thereof.

Bullying, discrimination, hazing or harassment by a student should be reported to the building principal, in his/her capacity as the school’s Dignity Act Coordinator, as follows:

• Chancellor Livingston Elementary School:

           Mr. Brett King, 845-871-5570, ext. 5571, [email protected]

• Bulkeley Middle School:

            Mr. John Kemnitzer, 845-871-5500, ext. 5552, [email protected]

• Rhinebeck High School:

            Dr. Edwin Davenport, 845-871-5500, ext. 5501, [email protected]

Bullying, discrimination, hazing or harassment by a staff member or other third-party adult shall be reported through the Building Principal, or directly, to one of the District’s Title IX Compliance Officers, as follows:

• Mr. Marvin Kreps, 845-871-5570, ext. 5545, [email protected]
• Ms. Christine Natoli, 845-871-5520, ext. 5524, [email protected]

A staff member shall promptly make an oral report, as outlined above, of any actual or suspected incident of bullying, discrimination, hazing, or harassment that they have witnessed, that they are informed of, that they have become aware of, and/or that they reasonably suspect, not later than one (1) school day after becoming aware of said incident. The staff member will file a report of said incident in writing no later than two (2) school days after making the oral report. The school’s Dignity Act Coordinator will promptly investigate the complaint or will delegate the investigation to his designee (e.g. another certified administrator, the Title IX Compliance Officer, the Assistant Title IX Compliance Officer, or an outside investigator.)

Any person reporting bullying, discrimination, hazing, or harassment will be treated respectfully and appropriately by the Dignity Act Coordinator or his designee to whom he or she reports the allegations, and by any other person within the District’s control who is involved in the reporting and/or investigation process. 

The District will investigate allegations of bullying, discrimination, hazing or harassment to the best of its ability regardless of whether the alleged victim thereof is identified or is willing to speak with the Dignity Act Coordinator or his designee investigating the allegations.

Any staff member who fails to report a complaint of bullying, discrimination, hazing, or harassment will be in violation of this Board of Education policy and may be subject to disciplinary action and any applicable collectively negotiated agreement.

All complaints of bullying, discrimination, hazing, or harassment will be held in confidence to the extent practicable to enable the District to conduct a thorough investigation.  While the District respects the privacy and anonymity of all parties and witnesses to complaints brought under this policy, it cannot guarantee absolute confidentiality.  All staff members conducting investigations will make it clear to witnesses and others involved in the investigation that confidentiality is expected by everyone.

If the Dignity Act Coordinator or his designee has knowledge of or reason to know of the occurrence of any bullying, discrimination, hazing, or harassment, he shall investigate the incident referenced in the complaint promptly and thoroughly, even in the absence of a complaint. The investigation shall be commenced promptly after receipt of the complaint, or after the Dignity Act Coordinator or his designee has knowledge of or reason to know of the occurrence, and shall be concluded without unreasonable delay, as determined by the discretion of the Dignity Act Coordinator or his designee.

All complaints of bullying, discrimination, hazing, or harassment shall be taken seriously and a review of the complaint and an appropriate investigation shall be conducted to the extent possible.  The Dignity Act Coordinator or his designee shall prepare a written report of the investigation. The report shall be filed by the Dignity Act Coordinator or his designee in the disciplinary file of the student alleged to have violated the policy.  In the case of a complaint about an employee, the report shall be filed in the employee’s personnel file.  The fact of a disciplinary outcome of any investigation of a bullying, discrimination, hazing. or harassment complaint shall only be relayed to the student and his/her parent/guardian or to the employee, as the case may be, as well as the accused, in compliance with any and all laws and regulations.  The written report becomes the final District determination 30 days after the issuance of the written report if no appeal is made, or 30 days after the issuance of the appeal determination.

If the result of the District’s review of the complaint and a subsequent investigation indicates that bullying, discrimination, hazing, and harassment, or other inappropriate behavior has occurred resulting in the loss of another’s right to an environment that is safe, civil and respectful, and that is not free from all forms of bullying, discrimination, hazing, or harassment, immediate and appropriate corrective action that is consistent with the District’s Code of Conduct will be taken.  Corrective action shall be calculated to end the bullying, discriminatory, hazing, and harassing behavior, to prevent retaliation, and be designed to ensure that the offending conduct does not limit and/or interrupt the ability of the complainant (and the victim, if different) to participate in, or benefit from, the educational services, programs and/or opportunities provided by the District. 

It is the policy of the District to determine when appropriate disciplinary action should be taken against the offending individual.  Disciplinary action up to and including discharge of an employee and permanent suspension of a student may occur, in accordance with the law.  Follow-up inquiries shall be made to ensure that the bullying and harassment has not continued or resumed.

If the complainant, and/or his/her parent/guardian in the case of a student complainant, or the accused is not satisfied with the result of the investigation, an appeal of the finding may be made to the Board of Education.

The initiation of a complaint of bullying and harassment will not reflect negatively on the student or employee who initiates the complaint, nor will it affect the student’s academic standing, rights, privileges, or the employee’s job assignment, status, rights, privileges, or benefits.

EQUAL OPPORTUNITY

The Board of Education reaffirms its commitment to nondiscrimination and equal educational employment opportunities in all of its decisions, programs and activities, as follows:

The Board of Education, its officers, employees and agents, shall not discriminate against any student, employee or applicant on the basis of race, color, creed, gender, national origin, religion, age, economic status, marital status, sexual orientation or disability in its educational programs or employment practices.

This policy of nondiscrimination includes, but is not limited to: access by students to educational programs, counsel in services, course offerings, student athletics, student employment assistance, extracurricular activities and other school resources; recruitment and appointment of employees, as well as their compensation, benefits, opportunities for advancement and/or terminations.

Americans with Disabilities Act, 42 U.S.C. §12133 
Civil Rights Act of 1964, Title VI, 42 U.S.C. §2000C-d
Civil Rights Act of 1964, Title VII, 42 U.S.C. §2000C-e
Executive Order 11246, as amended by E.O.11375 Equal Pay Act, as amended by the Education Amendments of 1972
Title IX, Education Amendments of 1972, 20 U.S.C. §1681

Rehabilitation Act of 1973 §504, 29 U.S.C. §794
Education for All Handicapped Children Act of 1975

SEXUAL HARASSMENT

The Board of Education is committed to safeguarding the right of all students and staff within the school district to learn and work in an environment that is free from all forms of sexual harassment and gender discrimination. Therefore, the Board, consistent with state and federal law, condemns all unwelcome and/or unwanted behavior of a sexual nature that may impose a requirement of sexual cooperation as a condition of academic achievement or employment, or that has the purpose or effect of creating an intimidating, hostile or offensive learning or working environment.

Sexual harassment can occur staff-to-student, student-to-staff, staff-to staff, student-to-student, male-to-female, female-to-male, male-to-male or female-to-female. It shall be a violation of this policy for any student, employee or third party (school visitor, vendor, etc.) to sexually harass, or discriminate based upon gender, any student, employee, or any other individual associated with the school.

Generally, sexual harassment is defined as all sexually inappropriate conduct that is unwelcome and/or unwanted, including sexual advances, requests for sexual favors, and physical or purely verbal conduct of a sexual nature, when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or a student’s right to a fair and equal educational opportunity;

2. submission to or rejection of such conduct by an individual is used as a basis for employment decisions or educational decisions affecting such individual;

3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating a sexually intimidating, hostile, or offensive working or learning environment;

4. conditions exist within the school environment that allow or foster harassing activities of a sexual nature, including but not limited to obscene pictures, lewd jokes, sexual comments, gestures and innuendos, and sexual advances.

Examples of conduct that may constitute sexual harassment and would therefore be prohibited include:

· Unwelcome leering, sexual flirtations or propositions

· Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions

· Unwelcome graphic verbal comments about an individual’s body or overly personal conversation

· Unwelcome sexual jokes, stories, drawings, pictures, objects or gestures

· Unwelcome spreading of sexual rumors

· Unwelcome teasing or sexual remarks about students enrolled in a

predominantly single-sex class

· Unwelcome touching of an individual’s body or clothes in a

sexual way

· Deliberately limiting a student’s access to educational tools based on gender or sexual preference

· Conditioning academic and/or student activity privileges on submission to unwanted sexual conduct from students or staff

· Cornering or blocking of a sexual nature of normal movements

Gender discrimination is defined as pervasive and/or severe conduct intended to intimidate or demean a person or persons of the other gender or that which treats a person of the other gender differently in the learning or working environment because of his or her gender.

The Board also specifically prohibits all student-employee relationships of a sexual or quasi-sexual nature, whether or not consensual.

The Board acknowledges that the determination of whether sexual harassment or gender discrimination has occurred will be objective, based upon the viewpoint of a reasonable person, taking into consideration the perspective of the complainant and/or victim. While the accused’s conduct and/or intention may be considered, sexual harassment may be found even where the accused had no intent to sexually harass another individual.

Sexual Harassment Complaints

Any student or employee who believes that he or she has been subjected to sexual harassment or gender discrimination may report all incidents pursuant to the District policy and regulation. Anyone with relevant information may report allegations of harassment or discrimination, whether that person is a student, District employee, parent or guardian, or any other person who has relevant information. The person reporting the harassment or discrimination need not be a witness to the alleged incident of harassment or discrimination in order to report allegations of harassment or discrimination.

Students or their parents/guardians should report harassment or discrimination by another student to the Site Level Complaint Manager. Students and staff should report sexual harassment or gender discrimination by a staff member to the Title IX Compliance Officer. Parents and students have the right to file complaints with the U.S. Department of Education, the U.S. Department of Justice, and other state or local entities.

A staff member, Building Principal or Superintendent shall promptly report to the Site-level Complaint Manager and the Title IX Compliance Officer any harassment on the basis of sex that they observe, are informed of, or reasonably suspect. The Title IX Compliance Officer shall make a determination as to who will investigate the complaint (e.g., Building Principal, Title IX Compliance Officer, Assistant Title IX Compliance Officer, or outside investigator).

Generally, the Site-level Complaint Manager must investigate student-to-student sexual harassment complaints unless the complaint is directed against the Site-level Complaint Manager, in which case the Title IX Compliance Officer shall investigate it. Depending on the circumstances, the Title IX Compliance Officer may also conduct the investigation of a student-to-student sexual harassment complaint. Any sexual harassment/gender discrimination complaint involving an adult staff member must be reviewed by the Title IX Compliance Officer and investigated by someone not associated with the school district site where the complaint arose.

The complainant, the alleged victim, and the alleged witnesses of an incident of harassment or discrimination shall have the right to request that an investigator of the same sex as he or she interview him or her. The District shall inform the complainant, alleged victim and alleged witnesses of this right prior to interviewing them. In the event that the alleged perpetrator of an incident of harassment or discrimination is the Compliance Officer, that Compliance Officer will not conduct the investigation into the incident.

Any person reporting harassment or discrimination must be treated respectfully and appropriately by the Compliance Officer to whom he or she reports the allegations, and by any other person within the District’s control who is involved in the reporting process.

Alleged incidents of harassment or discrimination may be reported anonymously. The District will investigate such alleged incidents to the best of its ability as thoroughly as allegations that are not reported anonymously.

The District will investigate allegations of discrimination or harassment to the best of its ability regardless of whether the alleged victim of the harassment or discrimination is identified or is willing to speak with the Compliance Officer or with any other person investigating the allegations.

In reaching a conclusion regarding whether or not allegations of harassment or discrimination are substantiated, the District will expressly make findings regarding the credibility of the alleged perpetrator. The finding may be that there is insufficient evidence to determine credibility. In all cases, the credibility finding will take into account such factors as whether the alleged perpetrator’s statement(s) regarding an alleged prior incident of harassment or discrimination has been contradicted by the statements of the alleged victim or by any witness or witnesses to the alleged prior incident.

Any staff member who fails to report a complaint of sexual harassment or gender discrimination may be subject to disciplinary action in accordance with law and any applicable collectively negotiated agreement.

All complaints of sexual harassment and gender discrimination will be held in confidence to the extent practicable to enable the District to conduct a thorough investigation as permitted by law. While the District respects the privacy and anonymity of all parties and witnesses to complaints brought under this policy, it cannot guarantee absolute confidentiality; for example, the District may have to reveal the identity of a victim or witness to comply with a discovery or disclosure obligation under law. Examples of steps that will be taken to maintain confidentiality are: conducting the investigation interviews in a location that is private, maintaining confidential files of the investigation, and limiting access to the Final Report and its findings on a need-to-know basis only.

If the District has knowledge of or reason to know of the occurrence of any alleged sexual harassment or gender discrimination, the District shall, even in the absence of a complaint, cause a prompt and thorough investigation of any such incident to be made. The investigation shall be commenced promptly after receipt of the complaint, or after the District has knowledge of or reason to know of the occurrence, and shall be concluded without unreasonable delay, as determined by the discretion of the Title IX Compliance Officer.

All complaints of sexual harassment and gender discrimination shall be taken seriously and an investigation shall be conducted to the extent possible. The investigator shall prepare a written report of the investigation. The report shall be filed with the Title IX Compliance Officer. In the case of an employee complainant, the report also shall be filed in the employee’s personnel file. The fact of a disciplinary outcome of any investigation of a sexual harassment/gender discrimination complaint shall only be relayed to the student and his/her guardian or the employee, as the case may be, as well as the accused, in compliance with state and federal privacy laws and regulations. The written report becomes the final District determination 30 days after the issuance of the written report if no appeal is made, or 30 days after the issuance of the appeal determination.

If the results of the District’s investigation indicate that sexual harassment, gender discrimination or other inappropriate behavior has occurred, immediate and appropriate corrective action will be taken. Corrective action shall be, among other things, calculated to end the harassment or discrimination and prevent retaliation, and designed to ensure that the offending conduct does not limit and/or interrupt the ability of the complainant (and the victim, if different) to participate in, or benefit from, the educational services, programs and/or opportunities provided by the District. Counseling memoranda, letters of reprimand, mandatory sexual harassment training, and appropriate disciplinary actions, are among the measures that may be taken.

It is the policy of the District to determine when appropriate disciplinary action should be taken against the offending individual in accordance with law, district policy and any applicable collectively negotiated agreement. Disciplinary action up to and including discharge of an employee and permanent suspension of a student may occur. Follow-up inquiries shall be made to ensure that the harassment has not continued or resumed.

If the District has issued a letter to the perpetrator of an incident of harassment or discrimination directing the perpetrator not to engage in further harassing or discriminatory actions, and the perpetrator disobeys that directive and engages in a further act of harassment or discrimination, the District will take additional steps with respect to the perpetrator beyond the actions that have already been taken.

If the complainant, or his/her parent/guardian in the case of a student complainant, or the accused is not satisfied with the results of the investigation, an appeal of the finding may be made to the Board of Education within 30 calendar days of the receipt of the written report by the Board of Education.

The Board prohibits retaliation against students or District employees who report allegations of harassment or discrimination on the basis of sex, or who participate in the reporting or investigation of such allegations, including against any witness who testifies in a sexual harassment/gender discrimination investigation. Follow-up inquiries by the Site-level Complaint Manager and the Title IX Compliance Officer shall be made to ensure that the complainant and/or witnesses have not suffered retaliation.

The initiation of a complaint of sexual harassment will not reflect negatively on the student or the employee who initiates the complaint, nor will it affect the student’s academic standing, rights, or privileges, or the employee’s job assignment, status, rights, privileges, or benefits.

The District shall provide appropriate training to students, to supervisory and other staff, and to Board of Education members regarding awareness of and sensitivity to issues involving sexual harassment and gender discrimination, including condemnation of such conduct, the sanctions for harassment and preventive measures to help reduce incidents of sexual harassment.

The Superintendent of Schools is directed to develop and implement specific procedures for reporting, investigating and resolving sexual harassment and gender discrimination complaints.

A copy of this policy and its accompanying regulation shall be distributed annually to all students and personnel, as well as new hires, and posted in appropriate places in the district.

Education Amendments of 1972, Title IX U.S.C.§1681 
34 CFR §§ 100 et seq. 
Gebser v. Lago Vista Independent School District , 1998 WL 32355 (1998) 
Franklin v. Gwent County Public Schools, 503 U.S. 60 (1992) 
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986) 
Office for Civil Rights: Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students and Third Parties, 62 CFR 12034 (March 13, 1997) 

SEXUAL HARASSMENT COMPLAINT APPEAL FORM

Name and position of complainant: ___________________________________________________

Date of appeal: __________________________________________________________________

Date of original complaint: _________________________________________________________

Have there been any prior appeals? __________________________________________________

If yes, when? To whom? __________________________________________________________

Description of decision being appealed: ________________________________________________

Why is the decision being appealed? __________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

SEXUAL HARASSMENT REGULATION

This regulation is intended to create and preserve an educational and working environment free from unlawful sexual harassment and gender discrimination in furtherance of the District's commitment to provide a healthy and productive environment for all students and employees that promotes respect, dignity and equity.

Investigation of a Complaint

The complainant, the alleged victim, and the alleged witnesses of an incident of harassment or discrimination shall have the right to request that an investigator of the same sex as he or she interview him or her.  The District shall inform the complainant, alleged victim and alleged witnesses of this right prior to interviewing them.  In the event that the alleged perpetrator of an incident of harassment or discrimination is the Compliance Officer, that Compliance Officer will not conduct the investigation into the incident.

Upon receipt of a complaint, the Site-level Complaint Manager shall:

1.         Conduct a preliminary investigation to determine whether to proceed personally or to designate or request a different investigator.

2.         Discuss the above actions with the Title IX Compliance Officer, unless he/she is the subject of the complaint, in which case the Site-level Complaint Manager should consult with the Superintendent.

3.         Report the incident to the police and/or to the other appropriate authorities if the behavior constitutes or may constitute a crime.

4.         Ensure that any investigation is commenced promptly after receipt of the complaint and concluded without unreasonable delay, as determined at the discretion of the Title IX Compliance Officer.

5.         Document the complaint and all actions taken in writing, regardless of how informally it is resolved, and forward the written documentation to the Title IX Compliance Officer.

If, after consultation, the Site-level Complaint Manager determines that a more formal investigation is warranted, any investigation must adhere to the following:

1.         A formal investigation may be conducted by a trained Site-level Complaint Manager, the Title IX Compliance officer, or an outside investigator hired by the District.

2.         During the investigation, the investigator must protect the confidentiality of the complainant, the victim, the accused and all witnesses to the extent practicable and limit distribution of information about the complaint and investigation on a need-to-know basis. The investigator shall inform all parties of the need for confidentiality.

3.         The investigator must immediately notify the parent(s)/guardian(s) of any child involved in the complaint, other than witnesses, that an investigation is taking place, the nature of the complaint and the nature of the child’s involvement.

4.         The investigator must conduct a thorough, prompt and impartial investigation.

5.         The investigator must seek out relevant documents.

6.         The investigator must interview, to the extent they are willing to be interviewed, all identifiable witnesses, including the accused, the victim, the complainant, and those witnesses whose identity is made known to the investigator during the investigation. Witnesses are limited to those persons reasonably expected to have information relevant and necessary to the investigation of the alleged incident of harassment or discrimination.

7.         The investigator must keep accurate documentation and records.

8.         The complainant, victim and accused may bring their attorney or union representative (if applicable) to any meetings, and children may also be accompanied by their parent(s)/guardian(s).

9.         The investigator must notify the accused that he/she is the subject of a complaint and that an investigation is being conducted, unless notification of the accused would endanger the complainant or other individual, or impede the investigation.

As soon as possible upon completion of any investigation, the investigator shall issue a written factual report containing:

1.         A summary of the complaint and findings;

2.         In reaching a conclusion regarding whether or not allegations of harassment or discrimination are substantiated, the District will expressly make findings regarding the credibility of the alleged perpetrator. The finding may be that there is insufficient evidence to determine credibility. In all cases, the credibility finding will take into account such factors as whether the alleged perpetrator’s statement(s) regarding an alleged prior incident of harassment or discrimination has been contradicted by the statements of the alleged victim or by any witness or witnesses to the alleged prior incident.

3.         A determination of whether or not the behavior is a violation of one or more District policies or regulations or whether the evidence is inconclusive; and

4.         Recommended action, if any.

The investigative information shall be kept on file by the Title IX Compliance Officer, so designated by the Superintendent to maintain such files, including:

1.         Copies of all related written documents, including the summary report;

2.         Copies of any handwritten notes taken during the investigation and interviews; and

3.         Any further written details deemed by the investigator to be informative or useful to a better understanding of his/her findings.

A record of any disciplinary action taken as a result of the investigation will be placed in the employee’s or the student’s file with the opportunity to respond.

The Superintendent (or President of the Board of Education, if the Superintendent is the subject of the investigation) shall review the summary report and shall determine whether or not formal disciplinary action is needed. Formal discipline of students or staff shall be in accordance with law, district policy and any applicable collectively negotiated agreement.

If the results of the District’s investigation indicate that sexual harassment, gender discrimination or other inappropriate behavior has occurred, immediate and appropriate corrective action will be taken. Corrective action shall be, among other things, calculated to end the harassment or discrimination and prevent retaliation, and designed to ensure that the offending conduct does not limit and/or interrupt the ability of the complainant (and the victim, if different) to participate in, or benefit from, the educational services, programs and/or opportunities provided by the District. Counseling memoranda, letters of reprimand, mandatory sexual harassment training, and appropriate disciplinary actions, are among the measures that may be taken.

 It is the policy of the District to determine when appropriate disciplinary action should be taken against the offending individual in accordance with law, district policy and any applicable collectively negotiated agreement. Disciplinary action up to and including discharge of an employee and permanent suspension of a student may occur.  Follow-up inquiries shall be made to ensure that the harassment has not continued or resumed.

If the District has issued a letter to the perpetrator of an incident of harassment or discrimination directing the perpetrator not to engage in further harassing or discriminatory actions, and the perpetrator disobeys that directive and engages in a further act of harassment or discrimination, the District will take additional steps with respect to the perpetrator beyond the actions that have already been taken.

Appeal Procedure

The victim (or his/her parents/guardian if a minor) and/or the accused may appeal the findings and/or recommendations of the investigation, as contained in the summary report, subject to the following guidelines:

1.         The appeal must be in writing.

2.         The appeal must be made by the accused or the alleged victim within 30 calendar days from the date of receipt of the results of the investigation.

3.         The appeal must be made to the Board of Education, who shall review all relevant information within 30 calendar days of the date of the filing of the appeal.

4.         The determination of the Board is final insofar as the District policy is concerned.

District Training and Distribution of Policy

The Superintendent shall implement specific and continuing actions to notify students, parents/guardians, employees and prospective students and employees that the District does not discriminate on the basis of gender in the educational programs or activities that it operates, as required by Title IX. Such actions may include, but are not limited to:

1.         annual publication in local newspapers and/or school district publications;

2.         announcements in school sponsored publications; and

3.         memoranda or other written communications distributed to students and employees.

            The Superintendent shall provide for student, staff, and Board of Education member training in accordance with the

 District’s Sexual Harassment policy.

The Superintendent shall ensure that all students, parents/guardians and staff are informed of the name, office address and office telephone numbers of the Title IX Compliance Officer, and that such information is posted conspicuously and updated, as needed.

The District’s Sexual Harassment policy shall always be distributed with a copy of the applicable regulations.

BULLYING AND HARASSMENT

(Effective July 1, 2012, see Policy 5300 – Code of Conduct, Section IX – Bullying, Discrimination, Hazing and Harassment for a relocated and modified version of this policy per New York State’s Dignity for All Students Act legislation.) 

SEXUAL MISCONDUCT

The Board of Education requires the relationship between employees, volunteers, consultants and students to be based upon mutual respect and professionalism. All employees, volunteers and consultants are expected to exercise good judgment and maintain professional boundaries when interacting with students and each other, in all curricular and extra-curricular activities, both on and off school property.

Any behavior of a sexual nature between employees, volunteers, consultants and students, which may also constitute professional misconduct, and may be a violation of criminal or civil statutes, professional codes of ethics or board policy, is strictly prohibited. Such behavior may include, but is not limited to, the following:

Individuals who become aware of any sexual misconduct by an administrator, employee, volunteer or consultant of the District are required to report such action to the Title IX Compliance Officers, the Building Principal, or the Superintendent of Schools.

After a thorough investigation and a finding of misconduct, the District will take prompt and appropriate disciplinary action in accordance with District policy, collective bargaining agreements and appropriate criminal and civil statutes. Where appropriate, such disciplinary penalties may involve seeking revocation of certification and/or reporting such activity to appropriate law enforcement officials.

Education Amendments of 1972, Title IX, 20 U.S.C. § 1681 et. seq. 
Education Law §§ 1125-1133 
Penal Law §§ 130, 235, 263

HIV/AIDS POLICY

The Board of Education recognizes the public concern over the health issues surrounding Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS). The Board recognizes, based upon the current state of medical knowledge, that the virus associated with AIDS is not easily transmitted and there is no evidence that AIDS or the HIV virus can be transmitted by casual social contact in the open school setting.

The Board further recognizes the privacy rights of students diagnosed with HIV infection or AIDS and their right to a free appropriate public education; the rights of HIV infected employees to privacy and reasonable accommodations; the rights of all non-infected individuals to a safe environment free of any significant risks to their health; and the rights of all students to instruction regarding the nature, transmission, prevention, and treatment of HIV infection, pursuant to the Commissioner’s Regulation, Part 135.3.

No individual shall be denied access to any program or activity sponsored by or conducted on the grounds of the district, solely on the basis of his/her status as an HIV-infected individual.

Students

It is the policy of the Board that:

1. A student’s education shall not be interrupted or curtailed solely on the basis of his/her HIV status. HIV-infected students shall be afforded the same rights, privileges, and services available to every other student.

2. No student shall be referred to the Committee on Special Education solely on the basis of his/her HIV status. A student who is infected with HIV shall be referred to the Committee on Special Education (CSE) only when the student’s disability interferes with his/her ability to benefit from instruction. Such referral shall be made in accordance with Part 200 of Commissioner’s Regulations.

3. If a student who is HIV-infected requires special accommodations to enable him/her to continue to attend school, the student shall be referred to the appropriate multi-disciplinary team as required by §504 of the Rehabilitation Act.

4. No disclosure of HIV related information involving a student shall be made without first obtaining the informed consent of the parent, guardian or student on the Department of Health (DOH) approved form. (See the generic Department of Health Authorization of Release of Confidential HIV Related Information.)

5. Students with HIV and AIDS may develop immune deficiency which places them at increased risk of experiencing severe complications from infections

such as chicken pox, tuberculosis, measles, cytomyalovirus, and herpes simplex. Therefore, these students should not receive live virus vaccines and should be excused from regulations requiring them.

Employees

It is the policy of the Board that:

1. No employees shall be prevented from continuing in his/her employment solely on the basis of his/her HIV status; such employees are entitled to all rights, privileges, and services accorded to other employees and shall be entitled to reasonable accommodations to the extent that such accommodations enable such individuals to perform their duties.

2. No disciplinary action or other adverse action shall be taken against any employee solely on the basis of his/her status as HIV infected or a person with AIDS. Such action will only be taken where, even with the provision of reasonable accommodations, the individual is unable to perform his/her duties.

3. All employees shall have access to and become familiar with the district’s exposure control plan as required by the federal Office of Safety and Health Association (OSHA).

4. In accordance with OSHA regulations, training in universal precautions and infection control shall be offered to all employees and shall be provided to every employee with potential occupational exposure.

Confidentiality

Any information obtained regarding the HIV status of an individual connected to the

school shall not be released to third parties, except to those persons who are:

1. named on an Authorization for Release of Confidential HIV Related Information form;

2. named in a special HIV court order; or

3. as indicated in Public Health Law §2782, when necessary to provide health care to the individual (i.e., to the school physician and the school nurse).

Any employee who breaches the confidentiality of a person who is HIV infected

shall be subject to disciplinary action in accordance with applicable law and/or

collective bargaining agreement. To protect the confidentiality of an HIV infected

individual, any documents identifying the HIV status of such individuals shall be

maintained by the school nurse (or another authorized individual) in a secure file,

separate from the individual’s regular file. Access to such file shall be granted only

to those persons named on the Department of Health approved Authorization for

release of Confidential HIV Related Information form, or through a special HIV court order. When information is disclosed, a statement prohibiting further redisclosure, except when in compliance with the law, must accompany the disclosure.

HIV/AIDS Testing

No school official shall require a student or employee to undergo an HIV antibody test or other HIV-related test. In accordance with OSHA regulations in the event of an incident involving the exposure of one individual to the potentially infectious body fluids of another individual, particularly blood or any other fluid which contains visible blood, an HIV test may be requested but NOT required. The request and refusal must be documented.

However, school officials shall not be precluded from requiring a student or employee to undergo a physical examination pursuant to Education Law §§903 and 913, when other illness is suspected (e.g., tuberculosis), as long as no HIV antibody test or other HIV-related test is administered without the individual’s informed consent as required by Public Health Law §27-F.

To implement this policy, the Superintendent of Schools is directed to arrange for staff training, to distribute copies of this policy to all employees of the district, and to include it in the district’s student handbook, and to establish an advisory council to make recommendations on the development, implementation, and evaluation of HIV/AIDS instruction as a part of comprehensive health education.

29 USC §§794 et seq. (Rehabilitation Act of 1973) 
20 USC §§1400 et seq. (Individuals with Disabilities Education Act)
42 U.S.C. §12132, et seq. (Americans with Disabilities Act)
34 CFR Part 104
29 CFR Part 1910.1030
Executive Law §296 (Human Rights Law)
Education Law §§903; 913
Public Health Law, Article 27-F
8 NYCRR §§29.1(g); l35.3; 136.3
An Implementation Package for HIV/AIDS Policy in New York State School Districts, NYS HIV/AIDS Prevention Education Program, June 17, 1998

DESIRED LEARNER OUTCOMES

The Board of Education upholds and supports the District’s Mission as stated in our Comprehensive District Education Plan by creating and encouraging opportunities for all Rhinebeck Central School District graduates to become:

· Self-directed learners, who use positive core values to create a positive vision for themselves and their future, set priorities, and achievable goals, create options for themselves, monitor and evaluate their progress, and assume responsibility for their actions.

· Collaborative workers, who use effective leadership and group skills to develop and manage interpersonal relationships within culturally and organizationally diverse settings.

· Complex thinkers, who identify, access, integrate, and use available resources and information to reason, make decisions, and solve complex problems in a variety of contexts.

· Community contributors, who contribute their time, energies, and talents to improving the welfare of others and the quality of life in their diverse communities.

· Quality producers, who create intellectual, artistic, practical, and physical products which reflect originality, high standards, and the use of appropriate advanced technologies.

· Ethical decision-makers, who exemplify the principles of trustworthiness, respect, responsibility, integrity, fairness, caring and citizenship.

EVALUATION OF SCHOOL BOARD OPERATIONAL PROCEDURES

The Board of Education shall review the effectiveness of its internal operations at least once annually. The Superintendent of Schools shall participate in this review and suggest ways by which the Board can improve its functioning as a deliberative and legislative body.

EVALUATION OF SUPERINTENDENT

The Board of Education shall evaluate the Superintendent each year in a manner consistent with fairness and good education practices.

The goal of the evaluation is to provide feedback to the Superintendent and the Board about areas of strength and areas for improvement.

The criteria and procedures for evaluation of the Superintendent will be on file annually by August 1st in accordance with Commissioner’s Regulations.

8 NYCRR §100.2(o)(2) 

EVALUATION OF PROFESSIONAL STAFF

The Board of Education establishes an annual professional performance review plan to improve instruction through the improvement of professional performance.

Objectives of Annual Professional Performance Review

• To sustain a positive view towards pedagogical improvement.

• To identify short and long range goals of the teacher, the administrator, and the school, and to improve upon the strengths and areas that need improvement in our teaching and administrative staffs.

• To produce students demonstrating continuous improvement in academic achievement as guided by the New York State Learning Standards.

Criteria and Procedures

Criteria for professional review will be developed according to Commissioner’s Regulations to reflect the best state of knowledge about teaching procedures, instruction, student learning, and administrative practice, as appropriate. Review procedures will include a description of the review activities, the methods used to record review results, and the processes used to implement the program and allow professionals the opportunity to comment on their review.

Professional review criteria and procedures will be outlined in the Annual Professional Performance Review (APPR) section of the Comprehensive District Education Plan (CDEP). The procedures and guidelines for formal observations and evaluations of teachers and administrators shall be those agreed to with the employee organization(s) representing such professional staff and set forth in their respective collective bargaining agreements.

Education Law §3031
8 NYCRR §100.2(o)(1) 

EVALUATION OF SUPPORT STAFF

The Board directs the Superintendent of Schools to develop standards and procedures for the annual evaluation of all support staff.

EVALUATION OF INSTRUCTIONAL PROGRAMS

The Superintendent of Schools shall develop standards and procedures for the evaluation of instructional programs.  The Board shall receive regular reports of the results of instructional program evaluations.

8 NYCRR §100.2(m)

ANNUAL DISTRICT MEETING AND ELECTION

The district shall hold an annual meeting and election at which the district’s authorized voters will elect members of the Board of Education and vote on the district budget for the coming school year. The annual district meeting and election will be held on the third Tuesday in May, unless this date conflicts with religious observances on that day, in which case the annual meeting and election will be held on the second Tuesday in May.

The District Clerk shall publish a notice of the time and place of the annual meeting and election at least four times within the seven weeks prior to the meeting, in two newspapers having general circulation within the district. The first publication of the notice shall be at least 45 days prior to the meeting. The notice shall also contain notice of any other matter required by law.

Copies of the budget to be voted upon at the annual meeting election will be available in each district school building for district residents upon request at the time of the annual meeting and election and 14 days (other than Saturday, Sunday and holidays) prior to the meeting.

The Board shall appoint assistant clerks and election inspectors necessary for the annual meeting and election at a Board meeting held before the annual meeting and election.

Propositions

The Board has the authority, under the Education Law, to adopt reasonable rules and regulations concerning the submission of petitions to the Board to place propositions on the ballot which may amend the budget. Pursuant to those provisions, the Board establishes the following guidelines:

1. Unless otherwise provided by the Education Law, petitions for the submission of a proposition must contain a minimum of 25 signatures of qualified voters of the district, or 5 percent of the number of voters at the last annual election, whichever is greater.

2. Petitions must be filed with the District Clerk at least 30 days prior to the annual meeting, except for petitions relating to a proposition which must be included in the notice of the annual meeting (e.g., changing the number of board members). Such petitions must be submitted 60 days in advance of the annual meeting to facilitate the preparation and printing of the ballots.

3. Propositions must include the specific appropriations necessary for the purposes listed.

4. Wording of a petition must comply with legal requirements. If the wording does not comply, it may be changed or altered by the Board, or the Board may reject a petition for failure to comply.

Propositions received in accordance with these specifications will be placed on the ballot as amendments and will be voted upon by the voters in the same manner as the proposed budget, except that the Board shall not be required to place any proposition on the ballot which is within the exclusive province of the Board, or otherwise forbidden by law. No proposition involving the budget may be submitted to the voters more than twice.

The Board may also, on its own motion, submit propositions.

Education Law §§416(3); 1608(2); 1716(2) 1804(4); 1906(1); 2002(1); 2003(1)(2); 2004(1)-(7); 2009; 2021;2022(1), (4)-(5); 2035(2); 2601-a(2) 
General Construction Law §60
Matter of Hebel, 34 EDR 319 (1994)
Matter of Martin, 32 EDR 567 (1993)
Matter of Como, 30 EDR 214 (1990) 

PUBLIC INFORMATION PROGRAM

The Board of Education shall ensure the flow of ideas and information about the schools to and from the community in order to develop a strong educational program. Information about the schools and the educational program shall be disbursed through area newspapers, radio, and television, and through the District’s web site and social media.

Board publicity shall be issued by the Superintendent of Schools on authorization of the Board. Information about the routine activities of school shall be released by the administrator of that particular division. School publicity which is likely to arouse controversy or is of districtwide importance shall be submitted to the Superintendent for evaluation. The Superintendent shall make the final decision as to whether such information will be disseminated.

School connected groups, not under the sponsorship of the Board, such as the Parent-Teacher-Student Organization, shall be encouraged to work closely with school authorities in a cooperative effort to prepare information which is designed to be of benefit to the educational program.

The Superintendent is authorized to publish a newsletter for school publicity.

The Board expects all school district personnel to carry on a positive continuous program of public relations with the goal of informing the public of the school’s needs, conditions, and resources. This should be done through the employees’ personal contacts. To this end, the administration shall keep employees informed of school happenings.

SCHOOL DISTRICT RECORDS

t is the policy of the Board of Education to inform members of the public about the administration and operation of the public schools in accordance with the Freedom of Information Law of the State of New York.

The Superintendent of Schools shall develop regulations ensuring compliance with the Freedom of Information Law and governing the procedures to be followed to obtain access to district records, and submit such regulations to the Board for approval. The Superintendent shall designate, with Board approval, a Records Access and Records Management Officer, pursuant to law.

Retention and Destruction of Records:

The Board hereby adopts as policy the Records Retention and Disposition Schedules as promulgated by the Commissioner of Education, setting forth the minimum length of time school district records must be retained.

Public Officers Law §84 et seq. 
Education Law §2116
Arts and Cultural Affairs Law §57.11
Local Government Records Law, Article 57-A
8 NYCRR Part 185

NEWS MEDIA RELATIONS

The Board of Education invites and welcomes the active participation of all forms of mass media in promoting the cause of good education within the district and elsewhere. The Board encourages suggestions and advice from representatives of the media as to how best to facilitate the flow of information to them from the Board and others within the school system.

All staff desiring to release information to the media should first notify the Building Principal. The Superintendent of Schools shall establish all necessary procedures to govern day-to-day interactions between the schools and the news media.

Arts and Cultural Affairs Law §61.09 

ADVERTISING MATERIALS AND ANNOUNCEMENTS

As a service to parents and children, the Rhinebeck Central School District permits notices to be made available or otherwise distributed to parents/guardians about various activities and events taking place in our community and at times, outside of school district boundaries. 

Notices are frequently provided to parents/guardians through their children as documents or flyers distributed via backpack mail, predominantly at the elementary school level, or as announcements in the weekly elementary school newsletter on a space available basis, and sometimes via currently available means of communication such as e-mail, other school publications, or the District website. No print materials will be distributed through school district or school building mailings.

Such information includes, but is not limited to, little league baseball and softball, and other youth recreation programs; local arts and crafts activities; and cultural and entertainment events and opportunities in the Town of Rhinebeck and other towns within the boundaries of the school district, as well as in the Mid-Hudson region. 

It must be clearly noted, in writing, as part of any advertising material, flyer, announcement, e-mail, school publication, or website posting that the activity, event, or program is not sponsored, affiliated with or endorsed in any way by the Rhinebeck Central School District.  Upon receipt, it is the responsibility of parents/guardians to discard or delete information that is of no interest or to inquire further with the sponsoring organization about those activities they may wish to pursue for their children.

With advance approval from the building principal or his/her designee, information concerning activities, events, programs, and other opportunities of interest to children and their families in the Rhinebeck Central School District may be distributed to students, provided that the activity, event, program, or opportunity is conducted or sponsored by an agency of federal, state, or local government, or by a not-for-profit group that can furnish documentation of recognition as a non-profit organization by the Internal Revenue Service.  Also, the building principal may request additional information concerning the governance structure and/or mission of the organization.  Such details are requested solely for the purpose of confirming that the organization is within the coverage of this policy and its accompanying regulations.

The agency or organization seeking to distribute information to students in District schools must provide an electronic copy or a sufficient number of hard copies of the document, as appropriate; the District will not make hard copies for this purpose.  The Rhinebeck Central School District retains the right to withdraw approval of material from any source if it is determined that distribution would undermine the intent of this policy or cause disruption in the school or school community.

The Superintendent is directed to develop and implement the necessary regulations to ensure that this policy is implemented throughout the school system.

ADVERTISING MATERIALS AND ANNOUNCEMENTS REGULATION

The purpose of this regulation is to provide guidelines for the approval and distribution of advertising materials and/or announcements, both in hard copy and digitally, that are sent home to parents often, though not exclusively, with students in the elementary grades, K-5.

1.         School-related notices sent to parents will be given the highest priority and may necessitate that non-school related materials be withheld at any given time.  The District reserves the right to limit the number of informational items in a given week or other period of time.  Information from outside groups can be distributed, starting with the second week of school, unless there is a clear need to send the notice home sooner.

2.         Information from not-for-profit organizations will be considered for distribution as long as the main focus is on services or activities of general interest for children, as determined by the building principal.  A not-for-profit group must be able to furnish Internal Revenue Service nonprofit documentation if requested.  Also, the building principal may request additional information concerning the governance structure and/or mission of the organization.  Such information is requested solely for the purpose of confirming that the organization is within the coverage of this policy and regulations.

3.         All information must be submitted to the building principal for prior approval.  Requests must be submitted at least five (5) school days in advance of the suggested distribution date.  For hard copies, it is strongly recommended that photocopying not occur until approval from the building principal is received in case changes are necessary.

4.         Other than activities sponsored by recognized school groups, the PTSO, and athletic or other booster clubs, which must be prominently titled, all materials must include the following statement in a box format: 

5.         Upon approval by the building principal, the responsibility for photocopying, in the case of hard copies, must be assumed by the organization requesting distribution.  Packets must be separated into groups of 25 and delivered to the elementary school’s main office.      

CITIZENS ADVISORY COMMITTEES

The Board of Education shall, at its discretion and in accordance with state law and regulation, appoint Citizens Advisory Committees of representative residents of the district to meet with the Board to provide advice and reaction about important matters before the Board which may have special significance for the community.

Each citizens committee organized by the Board shall be appointed and discharged by official Board resolutions. Resolutions appointing such committees shall state specifically the scope of the work of the committee.

Appointments to Citizens Advisory Committees shall be on the basis of interest, experience, expertise, and concern. No one shall be appointed as a representative of a specific group or area, unless it is the express purpose of the Board to have all areas of the community represented, in which case the Board will, in its discretion, appoint representative members of every such group or area. The Board shall make every effort to form a committee that is representative of the entire community, including representation from building and district planning teams.

Committees shall report all suggestions and recommendations to the Board and Superintendent of Schools prior to public release. Final reports shall be delivered to the Board at a meeting scheduled by the Board to receive the report.

The Board may accept, reject, or return committee recommendations for further study. Any action stemming from committee reports is the responsibility of the Board. Publicity, or the release of information, concerning committee findings shall be the responsibility and the prerogative of the Board. Advisory committees shall be discontinued upon completion of their assignment(s).

Education Law §§4402; 4601 
8 NYCRR §135.3(2)

RELATIONS WITH SUPPORT ORGANIZATIONS

The Board of Education recognizes that community groups that provide financial and/or other assistance for extracurricular activities, the approved school curriculum, or other school programs, sometimes known as "booster" organizations, provide important support and can be a valuable means of stimulating community interest in the aims and activities of the District’s schools.  Support groups/booster organizations may be defined in two ways:

1.        an organization which is created to foster community support and raise funds for a specific extracurricular, curricular and/or other program activity (e.g., athletics, technology, content–area curricula, and/or musical groups); or

2.        an organization which is created to foster community support and raise funds for the school's general program.

Parents and other interested members of the community who wish to organize a support group or booster organization for the purpose of assisting a specific school program are encouraged to do so, as long as the activities of such organizations are consistent with the District’s stated mission, vision and core beliefs, do not interfere with the total educational program, or do not disrupt district operations in any way. To this end, support groups/booster organizations must follow these guidelines:

1.        be voluntary and not for profit, and support a specific school activity, curriculum or program;

2.        submit an activity schedule in advance to the Superintendent of Schools or designee for prior approval  (Any time the support group/booster organization uses the name of the school district, or any language suggesting that the district has endorsed, sponsored or otherwise approved of the organization’s activities, there must be prior approval by the Superintendent.);

3.        seek advance Board approval for any use of school facilities and/or equipment, following procedures outlined in administrative regulation 1500-R, Public Use of School Facilities Regulation;

4.        avoid interference with the decision-making of any student group;

5.        understand and respect the authority of district employees in the administration of their duties; and

6.        assume all financial responsibility for their organization, including but not limited to the provision of adequate insurance coverage, as appropriate.

If a support group/booster organization wishes to make a contribution of money, service time, or tangible property (e.g., equipment or supplies), a representative of the organization should first meet with the Superintendent.  The Superintendent must identify the district's terms and conditions of accepting such gifts, and seek the Board's official approval before accepting or publicly announcing any contribution.

Proposed plans, projects and other activities of such support groups or booster organizations must be evaluated and promoted in light of their stated contribution to the academic as well as the extra-curricular school programs.  Careful consideration should be given to the total value of the contribution to all students, and not just to specific student groups.

The Board retains final responsibility and authority on all activities which have an impact on students, the schools, school programs, and/or school-owned property.

PUBLIC PARTICIPATION AT BOARD MEETINGS

The Board of Education recognizes its responsibility to hear and respond to public comment, and therefore encourages public participation at Board meetings. There will be a specific agenda item at each Board meeting to provide an opportunity to address the Board.

Rules of Order In Public Meetings

• When a member of the public wishes to speak, he/she shall address the chair.

• If two or more persons wish to speak, the chair shall designate the person to speak first.

• The speaker shall give his/her name and address before proceeding further.

• All remarks shall be addressed to the chair.

• The speaker shall confine him/herself to the question under debate, and avoid comments of a personal nature.

• No person shall speak upon a subject more than twice, no more than five minutes each time, except by consent (of the Board).

• No person shall speak a second time until all have had a first chance to speak.

• The right of individuals to speak without interruption is paramount, provided they remain in accordance with these rules.

• No calls for expression of sentiment shall be made except upon request by the chair.

VISITORS TO THE SCHOOLS

The district welcomes visits to its schools. Anyone who is not a regular staff member or student is considered a visitor for the purposes of this policy.

Since schools are a place of work and learning, certain limits must be set for such visits. These visits are governed by appropriate administrative regulations, to be developed by the Superintendent, that outline those limits. The building principal or his/her designee is responsible for all persons in the school building and on the school grounds.

Immediately upon entering the school building, all visitors shall report to the greeter’s station at the building’s main entrance, sign in, and receive a visitor’s badge. Unscheduled visitors who desire to visit a school building shall then report to the main office to request the permission of the appropriate school administrator. The administrator must consider the rights of all staff and students in considering whether or not to allow such visits, whether scheduled or unscheduled.

Student visitors from other schools are subject to the approval of the school administration, who will issue visitor passes. No student visitors from the immediate region will be approved if their school is in session. Written permission from parents must be presented at least 24 hours in advance. Visitations will not be approved for social reasons.

Education Law §§1708; 2801

PUBLIC CONCERNS

The Board of Education recognizes the right of community members to register individual or group concerns regarding instruction, district programs, instructional materials, operations, and/or staff members. The main goal of the district is to resolve such concerns with the individual most directly involved with the concern whenever possible. 

           Public concerns about the school district will be directed to the proper administrative personnel. Concerns about specific classroom practices shall be directed to the relevant teacher. If the matter is not settled satisfactorily, the individual raising the concern shall then contact the Building Principal. If there is no resolution at this level, the Superintendent of Schools shall be contacted.

           Whenever a concern is brought directly to the Board or to an individual Board member, it shall be referred to the Superintendent of Schools for study and possible resolution by the employee or the employee’s immediate supervisor, as appropriate to the specific situation.    

           Concerns should be communicated as such to the appropriate individual, as outlined above, either in writing (either by hard copy or e-mail) or in person through a personal appointment and meeting. In the case of a meeting by appointment, it is recommended, but not required, that the concern be provided in writing to the relevant District staff member beforehand. Informal conversations or communications with individual staff or Board of Education members may not be viewed as triggering this policy.

           Concerns are most easily resolved when they are brought to the attention of the appropriate individual as soon as possible. The District’s ability to respond effectively is severely hampered by reporting concerns long after the occurrence giving rise to the concern. In addition, anonymous reporting of a concern significantly limits the District’s ability to fully address the concerns. The District will make reasonable efforts to follow up on or monitor concerns raised anonymously.  

           When a concern is received from a parent or other member of the community, the appropriate District staff member will acknowledge the concern, outline how the concern will be addressed, will attempt to address and/or resolve the concern as outlined, will follow-up within ten (10) school days with the individual who brought forth the concern, as permissible by applicable state or federal law, regulation or contractual obligation, and will document the concern and the action taken.   

           Any retaliatory behavior directed by a staff member against those bringing forth concerns or against any other individual(s) connected with the concern is strictly prohibited, is a violation of this policy, and should be reported immediately to the employee’s immediate supervisor. Teachers, administrators, and other staff members are professionals who are expected to operate under the highest standards of conduct, especially in this regard.

           The Superintendent may refer the issue of a public concern to the Board for final resolution. Upon final resolution by the Board, a written response will be sent to the person who raised the concern.

PUBLIC CONCERNS ABOUT POLICIES

Public Concerns about Board of Education policies should be directed to the Superintendent of Schools.  Concerns shall be in writing, stating the specific objections to the specific policy.

           The Superintendent shall review any concern and conduct whatever study or investigation he/she deems appropriate.  The Superintendent shall then submit the concern and his/her recommendation to the Board.  The Board shall then review the policy, amend or repeal the policy, if appropriate, and notify the  individual bringing forth the concern of the action taken.

PUBLIC CONCERNS ABOUT CURRICULA OR INSTRUCTIONAL MATERIALS

 Public concerns about curricula and/or textbooks, library books and other instructional material should be directed to the classroom teacher or the library media specialist, as appropriate. If unresolved to the satisfaction of the individual raising the concern, it should then be directed to the attention of the building principal. If still unresolved by the building principal, the concern should be submitted to the Superintendent of Schools. 

           The Superintendent shall promulgate regulations subject to Board review establishing a complaint procedure which shall include:

1.        an opportunity for an informal conference with the concerned individual;

2.        the submission of formal written concerns on a prescribed form;

3.        the formation of an instructional material review committee. An instructional material     review committee, consisting of the Director of Curriculum and Instruction, teachers or other staff with expertise related to the particular curricular area, and/or other individuals deemed appropriate to the task, will be selected at the discretion of the Superintendent and convened upon his/her receipt of the concern. The committee shall review the details of the concern, including the textbook, library book, and/or instructional material in question and make recommendations to the Superintendent concerning the disposition of any concern;

4.        a decision by the Superintendent; and

5.        the ability to appeal to the Board. The decision of the Board shall be final.

Education Law §§1709(15); 1711(5)(f)
Board of Educ., Island Trees UFSD v. Pico, 457 US 853 (1982)

PROCEDURE FOR ADDRESSING PUBLIC CONCERNS ABOUT CURRICULA OR INSTRUCTIONAL MATERIALS

The purpose of this regulation is to provide guidelines for the review of curricula and/or instructional materials, including but not limited to textbooks or library books, in response to public complaints thereof, as follows:.

1.               In the event of a complaint about a certain curriculum or portion thereof, or of instructional materials, including textbooks, library books, an informal conference will be held between the teacher or library media specialist, as appropriate and the  individual raising the concern.

2.               If the concern is not able to be addressed satisfactorily between the teacher and the concerned individual, the concern should be brought to the attention of the building principal for a meeting to review and resolve the concern.

3.               If still unresolved, the concerned individual will make the Superintendent of Schools aware of the ongoing concern either verbally or in writing.

4.               The concerned individual will be asked to submit the details of his/her concern in writing on the prescribed Instructional Materials Review form to the Superintendent of Schools.

5.               Concurrently, the Superintendent will form and convene an Instructional Materials Review Committee. The Committee will consist of the Director of Curriculum and Instruction, several teachers or other staff members with expertise in the particular curricular area related to the concern, including the library media specialist if and as appropriate, and or other individuals when appropriate to the concern raised, at the discretion of the Superintendent.

6.               The Committee shall review the textbook, library book, and/or instructional material in question, as well as the details of the concern as outlined on the Instructional Materials Review form.  The Committee will make recommendations to the Superintendent concerning the disposition of the concern under review.

7.               A decision will be rendered by the Superintendent in response to the concern and the recommendations of the Instructional Materials Review Committee.

8.               The concerned individual may appeal the decision of the Superintendent of Schools to the Board of Education. The decision of the Board shall be final.

Reviewed by BOE 01-22-13
                                                                                                                                    1420-E

INSTRUCTIONAL MATERIALS REVIEW FORM

(Attach additional information if more space is needed than what is available below.)

REQUEST INITIATED BY __________________________________

ADDRESS ______________________________________________________________ 

TELEPHONE __________________  E-MAIL ________________________________

INDIVIDUAL RAISING CONCERN REPRESENTS:    

_____ Self

_____ (Name of organization) ______________________________________________

_____ (Identify other group) _______________________________________________

INSTRUCTIONAL MATERIAL FOR WHICH REVIEW IS REQUESTED:

___ Curriculum (specify lesson, unit, etc)

________________________________________________________________________        

___ Textbook (specify title, author, & publisher, if known)

________________________________________________________________________        

___ Library Book (specify title, author, & publisher, if known)     

________________________________________________________________________

___ Other Instructional Material (specify)

________________________________________________________________________

1.      To what in the instructional material do you object?  (Please be specific; cite pages, etc)

________________________________________________________________________

2.      What of value is there in this instructional material?

________________________________________________________________________

3.      What do you feel might be the result of using this instructional material?

________________________________________________________________________

4.      For what age group would you recommend this instructional material?

________________________________________________________________________

5.      Did you read/review the entire material, i.e. textbook, library book, curriculum?

________________________________________________________________________

6.      What pages, sections, portions, etc?

________________________________________________________________________

7.      Are you aware of the teacher’s purpose for using this instructional material?  If so, what do you find objectionable about that purpose?

________________________________________________________________________

8.      What do you believe is the purpose for using this instructional material?

________________________________________________________________________

9.      What would you prefer the teacher/school/school district to do about this instructional material?

________________________________________________________________________

10.  What instructional material of equal or greater value would you recommend be used as an alternative?

________________________________________________________________________

Signature of Concerned Individual ______________________________  Date ______

PUBLIC CONCERNS ABOUT SCHOOL PERSONNEL

It is the policy of the Board of Education that, whenever practicable, public concerns involving school personnel should be brought to the attention of District staff in the following order:

           1.     the affected staff member

           2.     the staff member’s immediate supervisor

3.         the Superintendent

4.         the Board of Education

           Concerns regarding individual staff members should, where possible, be resolved at the level closest to where the concern arises and as soon as possible following the occurrence giving rise to the concern.

           However, whenever a concern is brought directly to the Board or to an individual Board member, it shall be referred to the Superintendent of Schools for study and possible solution by the employee’s immediate supervisor. The staff member involved shall be advised in due course of the nature of the concern and shall be given a full opportunity to explain, comment, and present the facts as he/she sees them.  If the concern is not able to be resolved by the employee’s immediate supervisor, the matter will be addressed by the Superintendent.

           Consistent with the Open Meetings Law, the Board shall discuss issues pertaining to concerns about a staff member in executive session.

           The Board shall conduct such meetings in as fair and just a manner as possible. The Board may enlist a disinterested third party to act as moderator to help it reach a mutually satisfactory solution.

Public Concerns About Bus Drivers

           Whenever practicable, the proper channeling through the school of concerns involving bus drivers is:

1.      the Bus driver

2.      the Terminal Manager

3.      the School Principal

4.      the Business Administrator

5.      the Superintendent

6.   the Board of Education

1^st Reading     1/11/00, 1/08/13 

2^nd Reading    3/12/02, 1/22/13

Adopted.

Education Law §§3012; 3020-a
Civil Service Law §75
8 NYCRR Part 84

PUBLIC USE OF SCHOOL FACILITIES

The buildings and grounds of the district should be used and enjoyed by the residents of the school district, not only as essential elements in the educational programs of the district, but as civic facilities open to the community for its use and enjoyment. To this end, the Board encourages the public use of school facilities when such facilities are not being used for school district purposes or when such use will interfere with the programs and activities of the school district.

The Board directs the Superintendent of Schools to develop regulations to allow for the public use of school district property and facilities while protecting the school district from liability. Regulations should be reasonable and proper and not be deterrents to the recreational and educational desires of the community.

Permission may be granted to non-school organizations to use school facilities under the following general considerations:

1. For social, civic and recreational meetings and entertainments which are non-exclusive and open to the public.

2. For meetings, entertainments and occasions where admission fees are charged, but only where the proceeds are expended for an educational or charitable purpose (including veterans’ organizations, organizations of volunteer firefighters and volunteer ambulance workers, senior citizens groups, and non-profit organizations).

3. For recreation, physical training and athletics, including competitive athletic contests of children attending a private nonprofit school.

4. For child care services during non-school hours, provided that the cost of such care shall not be a school district charge but shall be paid by the person responsible for the support of such child, by the local social services district as authorized by law, or by any other public or private voluntary source or any combination thereof.

Authorization for use of school facilities shall not be considered an endorsement of or approval of the activity group or organization nor the purposes they represent.

Education Law §414

PUBLIC SALES ON SCHOOL PROPERTY

The New York State Constitution expressly prohibits the use of public school property or personnel “in aid of any individual, or private corporation or association.” Accordingly, any requests from civic institutions or special interest groups which involve sales on school property or fund raising must be carefully reviewed to ensure that on balance such activities promote student interests without advancing the special interests of any particular group.

Because of the demands upon staff and students in time and money that result from participation in charitable and community fund raising campaigns, the Board will not sanction any fund raising projects for the benefit of non-school organizations.

In accordance with the prohibition of the Board of Regents and since there is a large disparity in family incomes and obligations among students, no direct solicitation of students shall be allowed on school property.

New York State Constitution Article 8 §1
Rules of the Board of Regents 8 NYCRR §19.6

ADVERTISING IN THE SCHOOLS

Students and staff members shall not purposefully advertise or promote the interests of any non-school agency or organization, public or private, be it political, sectarian, or commercial in nature, in school or on school premises without the approval of the Board or its delegated representative. Any such approval of the Board or its delegated representative, and any such approval granted for whatever cause or group, shall not be construed as an endorsement of said cause or group.

This policy does not prohibit announcements and publicity by non-profit community groups being made in the school seeking to advertise their campaigns and/or to ask for student volunteers. Any such requests must be cleared in advance through the Building Principal’s office.

Such announcements may be made at the time regular school announcements are made. Publicity will be limited to the usual student newspaper, bulletin board and poster activity conducted for school organizations. All announcements and publicity must be cleared in advance to assure that they do not contain an implication that an activity is conducted as an official school activity or any material that might be considered coercive by any students or staff. School officials retain the right to deny a non-school request or restrict its publicity.

In the case of colleges, universities, armed service agencies, corporations, businesses and public service agencies, it is the policy of the Board that access to schools shall be encouraged to bring career and occupational information to students. The Superintendent shall ensure that such activities are carefully monitored to restrict any commercial advertisement.

New York State Constitution Article 8 §1 
Education Law §414, 8 NYCRR Part 23
Arts and Cultural Affairs Law §61.09
Matter of Gary Credit Corp., 26 EDR 414 (1987)
Matter of Gary Credit Corp., 25 EDR 385 (1986)
Matter of Taftegaard, 25 EDR 238 (1986)
Matter of Taftegaard, 23 EDR 405 (1984)
Matter of Hoyt, 20 EDR 316 (1980)
Matter of Puls, 17 EDR 324 (1978)
Matter of Gordon, 14 EDR 358 (1975) 

PUBLIC CONDUCT ON SCHOOL PROPERTY

The primary purpose of the district is to provide a superior atmosphere for learning and education. Any action by an individual or group aimed at disrupting, interfering or delaying the education process or having such effect, is hereby declared to be in violation of Board policy. The Board shall approve rules and regulations to effect this policy as required by Education Law §2801.

The Board has the responsibility to protect school property and declares its intent to take any and all legal action to prevent its damage or destruction. The Board may also seek restitution from, and prosecution of, any person or persons who willfully damage school property.

It is not the intent of this policy to limit freedom of speech or peaceful assembly. Free inquiry and free expression are indispensable to the objectives of a school district. The purpose of the rules and regulations is to prevent abuse of the rights of others and to maintain public order, not to prevent or restrain controversy or dissent.

Education Law §2801

TOBACCO USE ON SCHOOL PREMISES

Use of tobacco products, including but not limited to smoking, is prohibited at all times on district property, including grounds, buildings, and vehicles owned, leased, or contracted by the district.

Education Law §§409(2); 3020-a(4) 
Goals 2000: Educate America Act §§1041 et seq. (The Pro-Children Act of 1994)
Public Health Law Article 13-E §§206; 340; 347

RELATIONS WITH BOCES

The Board of Education will continue its participation in programs and services available through the Dutchess County and Ulster County Boards of Cooperative Educational Services subject to the Board’s annual review and approval.

RELATIONS WITH COLLEGES AND UNIVERSITIES

The Board of Education recognizes the value in maintaining cooperative relations with colleges and universities as one way of promoting future attendance of students at higher learning institutions. Accordingly, the Superintendent of Schools or his/her designee shall welcome representatives of higher educational institutions who wish to speak to students interested in attending their college upon completion of secondary education.

RELATIONS WITH NONPUBLIC SCHOOLS

The Superintendent of Schools or his/her designee shall:

1. Maintain liaison with the administrators of all private and parochial schools which enroll significant numbers of students residing in this district in order to be aware of any program changes that may be planned which could affect this district.

2. Determine how this district can advance the education of resident students attending parochial or private schools by the provision in these schools of special programs after regular school hours, during summer recess, and as part of the adult or continuing education program.

3. Cooperate fully in the implementation of all state and federal programs administered by this district which benefit, in whole or in part, eligible students attending private or parochial school.

HOME INSTRUCTION

The Board of Education acknowledges that resident parents/guardians have the right and may elect to provide educational requirements mandated by New York State law and regulations for their child in their homes or otherwise outside of the public or non-public schools. The exercise of such right shall constitute “home instruction.”

Parents/Guardians who wish to educate their child(ren) at home must submit to the district a letter of intent and an individual home instruction plan (IHIP), outlining the educational goals to be met and the course materials and syllabi to be used each year or a plan of instruction to be followed for the child's learning process. The district may accept or deny an IHIP. Parents/Guardians must submit quarterly reports and an annual assessment, as specified in the regulations of the Commissioner of Education, which will provide the district with the necessary information to make determinations that substantial adequate academic progress has been made.

Parents/Guardians may appeal to the Board a determination by the Superintendent of Schools or designee that an IHIP is not in compliance with the Regulations of the Commissioner of Education. Parents/Guardians shall have the right to appeal the final determination of the Board to the Commissioner of Education within 30 days of receipt of such determination.

Education Law §3202(4)
8 NYCRR §100.10
Matter of Abookire, 33 EDR 473 (1994)

GIFTS FROM THE PUBLIC

      The district shall accept a gift, provided it is made within the statutory authority granted to school districts and has received the approval of the Board of Education. 

           In granting or withholding its consent, the Board will review the following factors: 

1.        The terms of the gift must be in writing and identify:

           a.      the subject of the gift

           b.      the purpose of the gift

           c.      the beneficiary or beneficiaries if any

           d.      all conditions or restrictions that may apply.

2.        The gift must not benefit a particular or named individual or individuals.

3.        If the purpose of the gift is an award to a single student, the determination of the recipient of such award shall be made on the basis that all students shall have an equal opportunity to qualify for it and shall not be denied its receipt on the basis of race, religion, sex, or disability.

4.        If the gift is in trust, the obligation of the investment and reinvestment of the principal shall be clearly specified and the application of the income or investment proceeds shall be clearly set forth.

5.        No gift or trust will be accepted by the Board unless:

a.      it is in support of and a benefit to all or to a particular public school in the district, or

b.      it is for a purpose for which the school district could legally expend its own funds, or

c.      it is for the purpose of awarding scholarships to students graduating from the district. 

           Any gift accepted by the Board will be acknowledged in writing.  Any gift rejected by the Board shall be returned to the donor or his/her estate within 60 days together with a statement indicating the reasons for the rejection of such gift.

Education Law §1709(12)

GIFTS TO SCHOOL PERSONNEL

  No district officer or employee shall directly or indirectly receive any gift having a value of seventy-five dollars ($75) or more, whether in the form of money, services, loans, travel, entertainment, hospitality, etc., under circumstances in which it could reasonably be inferred that the gift was intended to influence the performance of his/her duties.  However, the Board of Education welcomes the writing of letters or notes to staff members expressing gratitude or appreciation.

           Nothing herein should be construed as prohibiting the traditional exchange of holiday gifts, provided discretion is used to ensure that gifts of value are not accepted by staff employees or officers.  Gifts from children that are principally sentimental in nature and of insignificant financial value may be accepted in the spirit in which they are given.

General Municipal Law §805-a

PARENTAL INVOLVEMENT - TITLE I

The Board of Education authorizes the Superintendent of Schools to apply for funding under Title I of the NCLB 2001 Act for projects designed to meet the unique educational needs of educationally deprived children.  All Title I programs shall include input in their planning, design, implementation and evaluation from parents of public and private school students who participate in such programs.  The District also shall encourage the participation of parents of students, who partake in Title I programs, in the education of their children.  To that end, the District shall:

1.      Invite parents of students who have been selected for Title I services to attend an informational meeting at the beginning of the school year.  At the meeting, parents may expect to hear the criteria that the school district uses for selecting students, the program goals and materials used in the program and suggestions for how parents may help their children.  The meeting also provides a forum for parents to make suggestions about Title I program improvements.

2.      Provide the necessary support, including technical assistance, and coordination necessary to assist the school in planning and implementing effective parent involvement.

3.      Involve parents in an organized, ongoing, and timely process for the planning, review and improvement of Title I programs and the policies affecting the program, particularly in regard to parent involvement.

4.      Provide a workshop/meeting for parents during the school year.  This informational workshop may include topics such as beginning literacy, student strategies, helping children read at home and discipline/behavior improvement strategies.

5.      To the extent practical, fully involve parents of participating students who lack literacy skills or whose native language is not English.

6.      Coordinate and integrate parental involvement into other program areas, i.e. Head Start and Pre-school special education services.

7.      Build a partnership between home and school for the improvement of student achievement by conducting other activities, such as CDEP planning, Building and District level planning teams.

8.      Support parent efforts, including training, where practical, to assist students in understanding program requirements and to foster motivation to complete school and homework.

9.      Provide parents with their children’s individual assessment results in a manner that is understandable to parents.

10.  Respond to parents’ suggestions in a timely manner.

11.  Conduct an annual evaluation with the involvement of parents of the content and effectiveness of this policy in increasing the participation of parents in their children’s education.

20 U.S.C. 2726; 2731(a)(4)
34 CFR 200.4; 200.34
8 NYCRR §§100.3(b)(3); 100.4(f); 100.5(d)(4); 149.3(16)

RELATIONS WITH PERSONS WITH DISABILITIES

District parents with disabilities will be afforded an equal opportunity to participate in the services, programs and activities of the district, particularly those which are designed for parental involvement and are directly related to their child’s academic and/or disciplinary progress (e.g., parent/teacher conferences, and/or meetings with other school personnel).

Americans with Disabilities Act, 42 U.S.C. §12132, et seq.
Rehabilitation Act of 1973, §504 (29 USCA §794)
Rothschild v. Grottenthaler, 907 F2d 286 (2d Cir., 1990) 

INTERPRETERS FOR HEARING-IMPAIRED PARENTS

  District parents with hearing impairments which prevent a meaningful participation in their child’s educational program must be afforded an opportunity equal to that afforded other parents to participate in meetings or activities pertaining to the academic and/or disciplinary aspects of their child’s education.  Accordingly, and pursuant to law, the school district will provide an interpreter for hearing-impaired parents for school-initiated academic and/or disciplinary meetings or activities including, but not limited to:

•         Parent/teacher conferences

•         Child/study or building level team meetings

•         Planning meetings with school counselors regarding educational progress

           Career planning

•         Suspension hearings or other conference with school officials relating to disciplinary actions

           The school district will provide an interpreter for the hearing-impaired parent if a written request for the service has been submitted to and received by the district within five (5) business days prior to the scheduled meeting or activity.  If an interpreter is unavailable, the district will then make other reasonable accommodations which are satisfactory to the parents (e.g., notetaker, transcript, decoder, or telecommunication device for the deaf).  These services will be made available by the district at no cost to the parents.

           The Board directs the Superintendent of Schools to maintain a list of available interpreters and to develop procedures to notify parents of the availability of interpreter services, the time limitation for requesting these services, and of the requirement to make other reasonable accommodations satisfactory to the parents should an interpreter not be available.

           Hearing-impaired parents are requested to submit the attached form to request accommodation of their disability.

Americans with Disabilities Act of 1990, 42 U.S.C. §§12131-12134
Rehabilitation Act of 1973, 29 U.S.C. §794
Education Law §3230
8 NYCRR §100.2(aa)
Rothschild v. Grottenthaler, 907 F.2d 286 (2d Cir. 1990) 

SCHOOL BOARD AND SCHOOL DISTRICT LEGAL STATUS

The Board of Education will consist of seven members. The term of office will be three years. The term of office of a member elected to the Board shall commence on July 1 next following the member’s election. Board members are responsible for school district management and policy-making.

The Legislature provides that Board members, while they are elected or appointed locally, are actually agents of the state and members of a corporate body, chosen to carry out the mandates imposed by the Legislature and to consider and accept or reject the provisions of permissive laws. In the absence of state laws to the contrary, the Board shall consider itself the agent responsible for establishing and appraising educational activity.

School District Legal Status

The Rhinebeck Central School District of Dutchess County, New York, is a centralized school district formed under the laws of New York State. It shall conform to all requirements of law, and unless otherwise specified, the policies and procedures in effect in this district shall apply to all district functions and activities.

The district boundaries of the Rhinebeck Central School include the village of Rhinebeck and the towns of Rhinebeck, Clinton, Hyde Park, Milan, Red Hook, and Stanford. A map and available records of all actions creating the school district shall be maintained by the Superintendent.

Education Law §§1701; 1702; 1703; 1804(1); 2101(2); 2105 

SCHOOL BOARD POWERS AND DUTIES

The Board of Education’s responsibility is to establish educational policy and confer upon the Superintendent of Schools the necessary authority to ensure effective administration of such policy.

The Board is charged with carrying out the duties imposed upon it by law. It is also the responsibility of the Board, as is possible, to ascertain the representative wishes of the community with respect to the education of its children and the operation of its school district. It is equally the responsibility of the Board, after carefully weighing all relevant factors, to make decisions while fully realizing that the action of the Board may not be equally pleasing to all segments of the community. The best interests of all the students and the resources of the school district will guide the Board in its deliberation.

In giving direction to the Superintendent, the Board shall act by a majority vote of the whole Board, unless otherwise specified in law. The Superintendent makes necessary staff assignments to carry out the decisions of the Board. The Superintendent provides the Board with recommendations, facts and figures to assist in its decision-making role.

It is the obligation of the Board to establish an effective reporting system and evaluation of the Superintendent’s performance to make certain its policies are effectively carried out.

Education Law §§1604; 1604-a; 1701; 1708; 1709; 1710

SCHOOL BOARD ACCESS TO PERSONNEL RECORDS

In accordance with the Regulations of the Commissioner of Education, members of the Board of Education may review employee personnel records only for the purpose of aiding the members to fulfill their legal responsibilities in making decisions in such employee personnel matters as appointments, assignments, promotions, demotions, remuneration, discipline or dismissal, or to aid in the development and implementation of personnel policies, or such other uses as are necessary to enable the Board to carry out legal responsibilities.

Board members may review employee personnel records provided:

1. the Superintendent is requested in advance to bring the file to a regularly scheduled open meeting of the Board;

2. the records are reviewed during an executive session;

3. the personnel records are returned in their entirety to the Superintendent at the conclusion of the executive session; and

4. no reproduction of the records is made and no written notes are taken of the contents of employee personnel records.

Education Law §§1604; 1604--a; 1701; 1708; 1709; 1710 
8 NYCRR, Part 84
Gustin v. Joiner, 95 Misc. 2d 277 (1978), aff'd 68 AD2d 880 (1978)
Matter of Bruno, 4 EDR 14 (1964)

BOARD MEMBER AUTHORITY

Members of the Board of Education have authority only when acting as a corporate body legally in session except when such action is in pursuance of specific instructions of the Board.

Members of the Board are free to speak to individuals on issues outside of Board meetings but such public expression is not to be construed as Board policy. Information from executive sessions must remain confidential at all times, unless release is appropriately authorized. The Board will not be bound in any way by any individual's statement or action unless the Board, through an adopted policy or by a majority vote of Board membership, has delegated this authority to the individual member.

In addition to the above, Board members are obliged to:

1. Regularly attend meetings of the Board.

2. Serve on committees as designated by the President of the Board.

3. Become familiar with materials as they are developed and supplied to Board members.

4. Adhere to policies governing the organization and operation of the Board.

Education Law §§1604; 1701; 1708; 1709; 1710 
Matter of Bruno, 4 EDR 14 (1964)

BOARD MEMBER SCHOOL VISITS

Unless specifically authorized to act on behalf of the Board of Education, an individual Board member has no right to make an official visit to the schools for the purposes of inspecting the schools, gathering information, or giving directions to any employee of the schools. The individual Board member’s rights are no greater or different from those of any other individual. As such, individual Board members shall follow procedures set by the district for school building visitations. Concerns or opinions related to the education program in individual school buildings shall be directed to the Superintendent of Schools.

Education Law §§1604; 1604--a; 1701; 1708; 1709; 1710 
Matter of Bruno, 4 EDR 14 (1964)

SCHOOL BOARD ELECTIONS

Except for a member appointed to fill a vacancy until the next regular school election, all elections of members of the Board of Education shall be held on the third Tuesday in May, unless this date conflicts with religious observances on that day, in which case it shall be held on the second Tuesday in May. The polls shall be open for those hours designated by the district.

The candidates who receive a plurality of the votes cast respectively for the several offices are to be declared elected.

In an election where one or several vacancies are caused by resignation creating unexpired terms, the vacancies are to be filled by candidates who receive a plurality of votes cast, after the full term vacancies are filled.

Education Law §§2012; 2013; 2014; 2018; 2018-a; 2019-a; 2031; 2034; 2035

CANDIDATES AND CAMPAIGNING

Nominations

Candidates for the office of member of the Board of Education shall be nominated by petition. Such petition shall be directed to the District Clerk, shall contain the signatures and addresses of at least 25 qualified voters of the district or 2 percent of the voters who voted in the previous election, whichever is greater, and shall state the name and residence of the candidate. Each petition shall be filed with the District Clerk not later than 30 days preceding the Annual Meeting and Election at which the candidates so nominated are to be elected.

Candidates for vacancies shall be arranged according to lot and the Clerk of the Board shall conduct the drawing on the day following the last possible date for candidates to file a petition. The Board may reject nominations if the candidate is ineligible or has declared an unwillingness to serve.

Vacancies on the Board are not to be considered separate specific offices.

Electioneering

Electioneering during the hours of any vote is prohibited within the polling place or within 100 feet of any such polling place. Displays or handout items of any political nature, except those provided by law, shall be prohibited by any individual, group or organization in any school building on those days when the polls are open for voting on school district matters, including, but not limited to, the annual school budget, candidates for the Board of Education, special propositions, etc.

Campaign Expenditure Statements

All candidates for Board membership shall fulfill all legal requirements regarding the filing of campaign expenditure statements.

Education Law §2018; 2032

VOTING PROCEDURES

Eligibility to Vote

A person shall be entitled to vote at any school district meeting for election of members of the Board of Education, and upon all matters which may be brought before such meeting, who is:

1.      a citizen of the United States; and

2.      at least 18 years of age; and

3.      a resident within the school district for a period of at least thirty days immediately preceding the election/vote at which such person desires to vote.

For purposes of Section 2012 of the Education Law, an individual  may have only one legal residence or domicile and that is where the individual intends to have his/her permanent residence.  Ownership of property, such as a weekend home, does not confer upon the property owner the right to vote in school district elections/votes.

Any person who would not be qualified to register or vote under the provisions of section 5-106 of the Election Law shall not have the right to register for or vote in an election/vote, including:

a)      those convicted felons who have not been pardoned or had their rights of citizenship restored; those whose maximum sentence of imprisonment has not expired; and/or those who have not been discharged from parole;

b)      persons adjudged mentally incompetent by a court.

In addition to the above, personal registration is required of any qualified resident who wishes to vote at school district elections/votes.   Qualified residents are deemed registered to vote in a school district election/vote if they are registered to vote with the County Board of Elections.  All other qualified residents must have personally registered to vote prior to the school district election/vote in accordance with the provisions of Section 2014 of the Education Law.

Qualified voters may register to vote at the Office of the District Clerk and the Business Office, located at the District’s Administrative Offices during regular business hours (9 AM to 4 PM) on days when school is in session (September through June) and on regular business days during the summer months (July and August) (9 AM to 3 PM).  The individual seeking to register to vote will be required to provide proof of qualification, which may include one or more of the following items at the District’s discretion:  driver’s license with picture, non-driver identification card with picture, passport, lease agreement, deed plus utility bill, and/or redacted copy of income tax return. 

Challenges to voters believed unqualified may be undertaken pursuant to Education Law provisions.  As provided in Section 205 of the Education Law, the presiding chairman appointed by the Board shall have the responsibility of properly handling any challenges to the qualification of any voter at each annual or special lection/vote.

If a person claiming to be a district resident presents him/herself and offers to vote but his/her name does not appear on the list of registered voters, that person may be permitted to vote only if:

a)      the person presents a court order requiring that he/she be permitted to vote; or

b)      the person swears in an affidavit pursuant to Section 2019-a of the Education Law that he/she has duly registered to vote, remains a qualified voter, resides in the District, that his/her registration record appears to be lost or misplaced.  Upon submission of a properly signed and notarized affidavit, the individual will be permitted to vote by paper ballot.

Voting

Voting machines will be used for recording the votes on all elections, budget votes, and votes on propositions. In the event of an emergency whereby the machines are unavailable or are malfunctioning or the use of machines are prohibited by state or local law, paper ballots may be used.

Each voting machine shall have at least one clerk and one election inspector appointed by the Board in attendance during all voting hours.  It shall be the duty of each clerk to keep a poll list containing the names, signatures and legal residence address of each person before such person is permitted to vote. 

Entering a voting machine with another person is prohibited, except upon request from a voter, in which case an election inspector shall be allowed to enter the voting machine with that voter for the sole purpose of assisting that person in the actual manipulation of the voting machine.  The election inspector shall not advise or induce such voter to vote on any proposition or candidate, and the election inspector shall never reveal the vote(s) recorded by the voter to any other person at any time.

Write-in ballots are permissible, when applicable, by utilizing the write-in device provided with the voting machine.  Paper ballots containing the names of nominated candidates and positions, if any, will be provided by the Board.  A blank space or spaces shall be provided under the name of the candidates for write-in votes.  The number of blank spaces must equal the number of vacancies available.  The writing in of a name in the blank space(s) provided will indicate a vote.  It is not necessary for a voter to place any other mark beside the name of a write-in candidate.

Education Law §§2012; 2014; 2018; 2018-a; 2018-b; 2018-c; 2019; 2019-a; 2020; 2025; 2032(2)(e); 2035; 2037; 2603; 2610; 2613 
Election Law §§3-224; 5-106; 5-612; 5-400; 5-406
Matter of Rodriguez, 31 EDR 471 (1992)
Matter of Gresty, 31 EDR 90 (1991)
Matter of Ferro, 25 EDR 175 (1985)
Matter of Manno and Maloney, 23 EDR 172 (1983)
Matter of Yost, 21 EDR 140 (1981)
Matter of Alpert and Helmer, 20 EDR 281 (1980)
Matter of Reigler and Barton, 16 EDR 256 (1977) 
Appeal of Klein, Decision No. 15,738 (2008) 

BOARD MEMBER QUALIFICATIONS

To qualify as a candidate for the office of member of the Board of Education, a person must be a qualified voter of the school district and:

1. be able to read and write;

2. be a citizen of the United States;

3. at least 18 years of age; and

4. be a legal resident of the school district one year prior to the election;

A person may not be a Board member if he/she resides with another member of the Board as a member of the same family.

No current employee of the Board may be a member of the Board.

Education Law §§2102; 2103; 2502(7) 

BOARD MEMBER OATH OF OFFICE

Newly elected or appointed Board of Education members must take their constitutional oath of office within 30 days of the beginning of their term of office. They shall be sworn in by Board President, District Clerk or any notary public, and the oath shall be filed with the District Clerk.

Public Officers Law §§10; 30

BOARD MEMBER RESIGNATION

A member of the Board of Education may resign his/her office by filing his/her resignation with the District Clerk. The effective date of the resignation must be within 30 days after the date of filing.

Public Officers Law §31(1)(h) 

BOARD MEMBER REMOVAL FROM OFFICE

A member of the Board of Education may be removed from office for willful violation or neglect of duty, or for willfully disobeying any decision, order or regulation of the Commissioner of Education. Notice of the charge and an opportunity for defense shall be provided. Official misconduct may be grounds for removal by the Board after a hearing.

A vacancy on the Board may also be declared if it is clearly established that a member has failed to attend three consecutive meetings without sufficient excuse or if a member has changed his/her legal residence from that of the school district.

Education Law §§306; 1709; 2109

UNEXPIRED TERM FULFILLMENT

The Board of Education has the power to fill, by appointment, any vacancy which may occur by reason of death, resignation, removal from office or refusal to serve of any member or officer of the Board. The person so appointed shall hold his/her office until the next election of Board members.

Education Law §§1709(17); 2113 

SCHOOL BOARD OFFICER AND EMPLOYEE ETHICS

Pursuant to the provisions of Section 806 of the General Municipal Law, the Board of Education recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. It is the purpose of this resolution to promulgate these rules of ethical conduct for the officers and employees of the district. These rules shall serve as a guide for official conduct of the officers and employees of the district. The rules of ethical conduct of this resolution as adopted, shall not conflict with, but shall be in addition to, any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of officers and employees.

Standards of Conduct

Every officer and employee, whether paid or unpaid, of the district shall be subject to and abide by the following standards of conduct:

1. Gifts: He/she shall not directly or indirectly solicit any gift; or accept or receive any gift having a value of $75 or more, whether in the form of money, loan, services, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could be reasonably inferred that the gift was intended to influence him/her, or could be reasonably expected to influence him/her, in the performance of his/her official duties or was intended as a reward for any official action on his/her part.

2. Confidential information: He/she shall not discuss confidential information acquired by him/her in the course of his/her official duties or use such information to further his/her personal interest.

3. Representation before one’s own agency: He/she shall not receive, or enter into any agreement, expressed or implied, for compensation for services to be rendered in relation to any matter before any agency over which he/she has jurisdiction or to which he/she has the power to appoint any member, officer or employee.

4. Representation before any agency for a contingent fee: He/she shall not receive, or enter into any agreement, expressed or implied for compensation for services to be rendered in relation to any matter before any agency of his/her district, whereby his/her compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this paragraph shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered.

5. Disclosure of interest in legislation: To the extent that he knows thereof, a member of the Board and any officer or employee of the district, whether paid or unpaid, who participates in the discussions or gives official opinion to the Board on any legislation before the Board shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other interest he/she has in such legislation.

6. Investments in conflict with official duties: He/she shall not invest or hold any investment directly or indirectly in any financial, business, commercial, or other private transaction, which creates a conflict with his official duties.

7. Private employment: He/she shall not engage in, solicit, negotiate for, or promise to accept private employment or render services for private interest when such employment or service creates a conflict with or impairs the proper discharge of his official duties.

8. Future employment: He/she shall not, after the termination of service or employment with such district, appear before any board or agency of the district in relation to any case, proceeding, or application in which he/she personally participated during the period of his/her service or employment or which was under his active consideration.

Nothing herein shall be deemed to bar or prevent the timely filing by a present or former officer or employee of any claim, account, demand or suit against the district or any agency thereof on behalf of himself or any member of his family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law.

Distribution of Code of Ethics

The Superintendent of Schools shall cause a copy of the Board's Code of Ethics and this accompanying regulation to be distributed to every officer and employee of the school district. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his or her office or employment. In addition, the Superintendent shall ensure that a copy of Article 18 of the General Municipal Law shall be kept posted in each public building under the district's jurisdiction in a place conspicuous to the district's officers and employees.

Penalties

In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of the Board's code of ethics and its accompanying regulation may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.

General Municipal Law, Article 18 

BOARD REORGANIZATIONAL MEETING

The Board of Education recognizes its obligation to hold an annual reorganizational meeting. The purpose of the reorganizational meeting shall be to elect officers of the Board and make the proper appointments and designations of other district employees for the proper management of the school district during the school year. The Board shall also perform such annual functions as are designated by law.

The annual reorganizational meeting shall be held in a district building during the first fifteen days of July at 7:30 p.m. The day shall be fixed by the Board at a regular meeting not later than the June meeting each year. The Clerk shall give at least three days written notice to each member.

After the meeting is called to order, the Board will designate the Clerk of the Board as temporary chairperson.

I. Administration of Oath

The District Clerk shall administer the oath of office to newly-elected Board members. Such oath shall conform to Article XIII-1 of the New York State Constitution, and Section 10 of the Public Officers Law; the Clerk shall countersign the oath. No new Board member shall be permitted to vote until he/she has taken the oath of office.

II. Election of Officers

The Board shall elect a president and vice-president for the ensuing year, and administer the oath of office to them. A majority of all members of the Board shall be necessary for a valid election. The newly elected president shall then chair the meeting.

III. Appointments

The Board shall appoint:

District Auditor

School physician

District Clerk

School attorneys

District Treasurer

District Tax Collector

Such other positions as deemed necessary

Records Access Officer

Records Management Officer

Title IX/Section 504 Hearing Officer(s)

IV. Bonding of Personnel

The Board may bond the following personnel handling district funds:

District Clerk School Attorney

Tax Collector Internal Claims Auditor

District Treasurer Deputy Treasurer

Central Treasurer of Student Activity Account

The Board may, in each instance, specify the amount of the bond it intends to obtain.

The Board may include any of the above officers in a blanket undertaking, pursuant to law and Commissioner’s Regulations, rather than bond individuals.

V. Designations

By motion, the Board shall designate:

Official depositories for district funds

Official district newspapers

The Board shall fix the place, date, and hour for regular Board meetings for the school year.

VI. Authorizations:

a. of person to certify payrolls

b. of school purchasing agent

c. of attendance at conferences, conventions, workshops, etc., with designated expenses

d. to establish petty cash funds (and to set amount of such funds)

e. to designate authorized signatures on checks

f. of Superintendent of Schools to approve budget transfers

VII. Other Items:

a. establish rate for mileage reimbursement

b. other

The Board shall then adjourn to regular monthly meeting.

New York State Constitution, Article XIII, §1 
Public Officers Law §§10; 13
Education Law §§1707; 1804(4); 2130

BOARD OFFICERS

The President and Vice-President of the Board of Education shall be elected by members of the Board at the annual reorganization meeting in July.

Duties of the President of the Board

It shall be the duty of the President to preside at all meetings of the Board, to receive all communications presented to the Board, to sign as required all documents on its behalf unless otherwise ordered by the Board, and in the absence of the District Clerk, to appoint a District Clerk pro tempore.

The President shall have a vote upon all questions and shall have the right to take part in the debate on any question under consideration.

The President shall be an ex-officio member of all committees.

Duties of the Vice-President

The Vice-President shall carry on the duties of the President in the event of the President’s absence or inability to serve.

New York State Constitution, Article 13 §2
Local Finance Law §2.00(5)(e)
Education Law §§1709; 2105(6); 2502; 2504; 2553; 2563; 2590-b 

APPOINTED BOARD OFFICIALS

District Clerk

The Board of Education shall appoint a District Clerk for a period of one year, from July 1 through June 30 of each year. Such appointment will be made at the reorganizational meeting. The District Clerk will be responsible for the following:

District Clerk Responsibilities

1. Minutes of Board of Education meetings:

• record all formal actions;

• record a brief summary of discussions;

• submit minutes of previous meeting to Board for approval; and

• maintain a permanent minutes book located on school property.

2. Minutes of special school district meetings:

• record all formal action;

• submit minutes of previous meetings to Board for approval; and

• place a copy of the approved minutes in the permanent minutes book.

3. Voting at special school district meetings:

• shall supervise poll registration.

4. Notification:

• signs official documents and correspondence of the district;

• supervises the placing of legal notices as required; and

• receives and reports any appeals, answers, orders of the Commissioner, etc., to the Board.

5. Miscellaneous items:

• keeps all oaths of office;

• signs the warrant after the Board has authorized payment of bills; and

• authorizes the use of the school seal as necessary.

District Treasurer

The Board shall also appoint a District Treasurer for a term of one year from July 1 through June 30. General duties are as follows:

1. Custodian of all district monies except for the extra-curricular activities fund. He/she shall report monthly to the Board.

2. Supervises the receipts and disbursements of district monies.

3. Supervises the tax collection procedure.

4. Is responsible for the issuance of checks and invoices.

5. Supervises the bookkeeping system in accordance with the Uniform System of Accounts for School Districts.

6. Presents a monthly budget status report.

The District Treasurer is to be bonded in an amount fixed and approved by the Board of Education.

Tax Collector

The Tax Collector position is a one-year paid position appointed by the Board from July 1 through June 30. General duties are as follows:

1. On receipt of the warrant and tax roll from the District Clerk, the Tax Collector will issue bills, collect and receive money, give legal notice, and maintain the tax roll.

2. At the end of the tax collection period, the Tax Collector will prepare a listing of unpaid taxes to be submitted to the Board and returned to the county.

3. Monies received will be deposited daily in the bank depository.

4. Procedures for the collection and handling of money will be subject to the approval of the District Treasurer.

5. The Tax Collector is to be bonded in an amount fixed and approved by the Board.

District Auditor

The financial records of the district will be reviewed annually by an independent auditor appointed by the Board in conformance with the Education Law.

Education Law §§902; 2116-a; 2121; 2122; 2130

BOARD COMMITTEES

The Board of Education may establish standing committees whose membership will consist of members of the Board. The Board president shall serve as ex-officio member of all committees and the Superintendent of Schools will provide advice and support to all committees. Board committees shall not act on behalf of the Board and the Board may terminate a standing committee at any time. Such committees shall be established by the Board or by the president of the Board.

Temporary or Ad Hoc Committees

The Board may also establish temporary or ad hoc committees. The purpose and task of the committee shall be clearly defined by the Board and established by the Board or the Board president. The president shall serve as ex-officio member of all temporary committees and the Superintendent will provide advice and support to all committees. The committees may be terminated at any time by the Board. The membership of these committees will be determined by the Board.

SHARED DECISION-MAKING AND STRUCTURED PARTICIPATION