Code of Conduct

Disciplinary responses, when necessary, will be firm, fair and consistent so as to be the most effective in changing student behavior. School officials must consult this document when determining which disciplinary interventions and consequences best address inappropriate, unacceptable and unsafe behaviors.

It is necessary to consider the following prior to determining the appropriate assignment of consequences and interventions:

• The student’s age and maturity;
• The student’s disciplinary record (including the nature of any prior misconduct, the number of prior instances of misconduct and effectiveness of interventions applied in prior behavior violations);
• The nature, severity and scope of the infraction;
• The circumstances/context in which the conduct occurred;
• The frequency and duration of the behavior;
• The number of persons involved in the behavior;
• Information from parents, teachers and student’s IEP (Individualized Education Plan), BIP (Behavioral Intervention Plan) and 504 Accommodation Plan, if applicable; and/or
• Other extenuating circumstances.

Multiple incidents or chronic violations of the same behavior will warrant more intensive interventions and more serious consequences.

The interventions and consequences that are aligned with each level represent a menu of responses. Teachers and administrators can select one or more responses in each level. Administrators, teachers and student support teams are not expected to select and use all interventions in each level.

Administrators, teachers and student support teams may also use a lower-level intervention when it is appropriate. They will strive to match students with interventions that are the least intensive, while being the most effective. Interventions will be progress-monitored and adjusted based on student response.

Any student found guilty of possession of a weapon (firearm) on school property, as defined by the federal Gun Free School Act of 1994 (20 USC §8921) or by Education Law §3214, will be subject to suspension from school for at least one calendar year and referred to law enforcement. 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/guardians, teachers, and/or others; and/or
6. Other extenuating circumstances.

Any student other than a student with a disability found to have committed a violent act other than bringing a weapon onto school property shall be subject to suspension from school for at least five days.

If the proposed penalty is the minimum five-day suspension, the student and the student’s parent will be given the same notice and opportunity for an informal conference given to a student subject to short-term suspension. If the proposed penalty exceeds the minimum five-day suspension, the student and the student’s parent will be given the same notice and opportunity for a hearing given to a student subject to 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.

Any student other than a student with a disability who repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom will be suspended from school for at least one day.

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, or three or more occasions during a trimester.

If the proposed penalty is the minimum one-day suspension, the student and the student’s parent will be given the same notice and opportunity for an informal conference given to a student subject to short-term suspension. If the proposed penalty exceeds the minimum five-day suspension, the student and the student’s parent will be given the same notice and opportunity for a hearing given to a student subject to long-term suspension.

The superintendent has the authority to modify the minimum one-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.

A student’s behavior can affect a teacher’s ability to teach and make it difficult for other students in the classroom to learn. In most instances the classroom teacher can use redirection prompts and reminders or a quick check-in conference to support the student’s re-engagement.

Other techniques may include providing the student with a brief break in the classroom or in an alternative setting or providing the student with an opportunity to speak briefly with a student support team member. In both of these situations, the goal is to give the student an opportunity to regain his or her composure and self-control in order to return to the classroom ready to learn. These actions do not constitute a disciplinary removal for purposes of this code.

When a student’s inappropriate, unacceptable or unsafe behavior is identified as a Level 3 or 4 violation and seriously jeopardizes other students’ safety in the classroom or seriously interrupts learning for a protracted period of time after other interventions have been attempted, the teacher may remove a student from the classroom.

Before removing the student, the teacher must explain to the student why he or she is being removed from the classroom and explain that the student will have an opportunity to present her or his version of the story in an investigation of the incident within 24 hours.

The referring teacher submits the Office Discipline Referral with student removal and has until the end of day to complete details of the referral that include documentation of what happened prior to and during the incident as well as any prior responses or interventions that the teacher has attempted before this incident occurred. Each teacher must keep a complete log (on a district-provided form) for all cases of removal of students from his or her class.

The teacher submitting the referral is expected to make at least two attempts to contact a parent and submit dates and times in a district-provided parent contact log. The student is escorted from the classroom for intake by safety personnel, school staff or an administrator.

For students in prekindergarten-grade 5, an administrator determines time out of class, recommended not to exceed 45 minutes, unless the administrator extends removal from regular classes because of the seriousness of the incident.

For grades 6-12, removal is for the remainder of the class period unless an administrator extends removal from regular classes because of the seriousness of the incident. In all instances, the removal from regular classes ends at the close of the school day. The administrator who investigates the incident may determine that other consequences are warranted (including assigned time in a student support area for appropriate interventions, or while intervention is being finalized, in-school suspension or out-of-school suspension).

The administrator must fully investigate the incident within 24 hours, including hearing the teacher’s and student’s version of the incident. If in-school suspension or out-of-school suspension is warranted, the administrator must complete suspension documentation. If additional time in a student support area is assigned for further interventions, the administrator must complete appropriate documentation, discuss reasons for further interventions with the student and assign scheduled time for the student in a student support area. The principal must keep a log of all removals of students from class. No student removed from the classroom by a classroom teacher will be permitted to return to the classroom until the principal has determined whether any additional consequences are warranted. If the student is assigned to a student support area for additional class periods when the student would otherwise be attending class with the referring teacher, the referring teacher will provide educational assignments for the student until the student is permitted to return to the classroom.

Within 24 hours after the student’s removal, the principal or another district administrator designated by the principal must notify the student’s parents/guardians, by telephone and in writing, that the student has been removed from class and the reason(s) why. The notice shall be in the dominant language used by the parent/guardian. The notice must also inform the parent/guardian that he or she has the right, upon request, to meet informally with the principal or an administrator to discuss the reason(s) for the removal.

The written notice must be postmarked within 24 hours of the student’s removal to the last known address for the parents/guardians. Where possible, notice should also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting parents/guardians. The communication must inform the parent that she/he can request a conference with an administrator and/or teacher to discuss reason(s) for classroom removal.

Within 24 hours of the incident (until Monday close of school, if incident occurred on Friday), the student’s parent can request a phone or in-person conference with the principal and/or teacher to discuss reason(s) for classroom removal and next steps to resolve the problem. The principal may require the teacher who removed the student from the classroom to attend an informal conference with the student and parent. The goal of the informal conference is to explain why the student was removed, ensure that the teacher and student can present their versions of the incident, respond to parent questions and agree on next steps that the student and teacher will take to resolve the problem.

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/guardian and principal.
If an informal conference with an administrator, student and parent has not taken place, the teacher must facilitate a one-to-one conference with the student within 48 hours of the student’s return to class or arrange for a student support team member to facilitate a conference between the student and teacher to discuss reasons for removal and make a plan to improve the student’s behavior and engagement in the classroom.

The teacher is expected to complete the conference log documentation and is expected to monitor the student’s progress through timely oral and written feedback. Removal of a student with a disability, under certain circumstances, may constitute a change in the student’s placement. Accordingly, no teacher may remove a student with a disability from his or her class until he or she has verified with the principal or another school administrator that the removal will not violate the student’s rights under state or federal law or regulation. For additional information, refer to “Students with Disabilities” (see page 36).

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 by documenting the incident on a referral. Students who become a serious disciplinary problem may have their riding privileges suspended by the building principal, the superintendent or their designees. In such cases, the student’s parent/guardian will become responsible for seeing that their 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/guardian will be provided with a reasonable opportunity for an informal conference with the building principal or the principal’s designee to discuss the conduct and the penalty involved.

A student subjected to a suspension from athletic participation, extracurricular activities or other privileges is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent/guardian will be provided with a reasonable opportunity for an informal conference with the district official imposing the suspension to discuss the conduct and the penalty involved. Refer to Board of Education Policy 5280, Interscholastic Athletics.

The board recognizes the school must balance the need of students to attend school and the need for a classroom environment that is conducive to learning. As such, the board authorizes building principals and the superintendent to place students who would otherwise be suspended from school as the result of a Code of Conduct violation in “in-school suspension.”

A student subjected to an in-school suspension is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent/guardian 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.

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

Students in prekindergarten through grade 5 cannot receive an out-of-school suspension unless their behavior/conduct posed a serious and immediate threat to students, staff or public safety.

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

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

When the principal or superintendent/designee (referred to as the “suspending authority”) proposes to suspend a student charged with misconduct for five days or fewer 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 parent/guardian 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.

Both the notice and informal conference shall be in the dominant language or mode of communication used by the parent/guardian. The notice shall provide a description of the charges against the student and the incident for which suspension is proposed and shall inform the parent/guardian of the right to request an immediate informal conference with the principal. Where possible, notice should also be provided by phone if the school has been provided with a telephone number(s) for the purpose of contacting the parent/guardian.

At the conference, the parent/guardian shall be permitted to ask questions of complaining witnesses under such procedures as the principal may have established. The notice and opportunity for an informal conference shall take place before the student is suspended unless the student’s presence in school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process. If the student’s presence does pose such a danger or threat of disruption, the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practicable.

After the conference, the principal shall promptly advise the parent/guardian in writing of the principal’s decision. The principal shall advise the parent/guardian 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/guardians 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 State Education Department Commissioner within 30 days of the decision.

If, after a suspension from school of five days or fewer has been imposed, the superintendent or building principal determines that a suspension for more than five days may be warranted, the superintendent or building principal shall give reasonable notice to the student and the student’s parents/guardians of their right to a fair hearing. At the hearing the student shall have the right to be represented by counsel, the right to question witnesses testifying against the student and the right to present witnesses and other evidence on behalf of the student.

The superintendent/designee shall personally hear and determine the proceeding or may, in the superintendent’s 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. 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.

The superintendent’s hearing will have two phases.

Phase 1: Finding of facts

In phase one of the hearing, a hearing officer is appointed, and will determine whether or not the student actually committed the alleged acts. The school will present evidence and witnesses to establish that the act(s) occurred. The student, parents, guardians or other person representing the student may also present witnesses and evidence on the student’s behalf. Both sides may question all witnesses and examine all evidence at the hearing. To prove that the alleged Code of Conduct violations occurred, there must be competent and substantial evidence that the student participated in the objectionable conduct. The hearing officer’s determination based on the evidence will ultimately form the basis of his or her recommendation to the superintendent.

Phase 2: The dispositional/penalty phase

If the student was found guilty in phase 1, then phase 2 will occur to determine what the student’s penalty will be for the conduct. Phase 2 is before the same hearing officer, and is about whether or not the school should suspend the student beyond the five-day principal suspension and if so, for how long will that suspension be.
In phase 2, both sides may present evidence beyond the facts to establish what penalty is proportionate and fair. The evidence presented may include, but is not limited to the student’s disciplinary record and proof of mitigating factors which impacted or provide insight into the student’s behavior. The penalty imposed must be proportionate to the severity of the offense involved. The hearing officer will make a recommendation to the superintendent about the penalty to be imposed.

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/guardians 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 of the State Education Department within 30 days of the decision.

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.

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

The code creates a four-level support system that emphasizes student accountability and behavior change. When a student’s rule violation is significant, he or she is assigned a consequence signaling that the action at issue is inappropriate, unacceptable or unsafe. The district response to the violation will fall into one of four levels. The higher the level of response, the more serious the violation.

The level system emphasizes both student accountability and behavioral change. The goal is the prevention of a recurrence of unacceptable behavior by helping students to:

• Learn from their mistakes;
• Understand why the behavior is unacceptable;
• Acknowledge the harm that they have caused or the negative impact of their actions;
• Understand what they could have done differently in the situation;
• Take responsibility for their actions;
• Be given the opportunity to learn pro-social strategies and skills to use in the future; and
• Understand that more intensive consequences and interventions will take place if unacceptable behaviors persist.

LEVEL 1 response incorporates universal school-wide and classroom practices that promote the development and practice of pro-social behaviors, self-discipline, habits of learning, and healthy well-being. Through observation and immediate responses, teachers aim to prevent minor discipline problems from becoming major disciplinary incidents.

LEVEL 2 involves targeted interventions and assigned consequences when a student’s behavior violation warrants a more focused behavioral response beyond the immediate situation or incident in the classroom or other location. Assigned consequences can include assignment to in-school suspension.

LEVELS 3 and 4 involve behavior violations that seriously jeopardize school and classroom safety and order. Students who are experiencing high-risk or pervasive behavioral, academic, and physical and mental health concerns are assigned more intensive, individualized interventions.

Who will implement the Level 1 response?

Teachers and classroom staff will implement the classroom interventions and responses. The student support team may implement other identified interventions and responses. 

How will Level 1 responses be implemented?

• Classroom interventions and responses – These interventions aim to interrupt unsuccessful behaviors and teach skills so students can learn and demonstrate safe and respectful behavior. Teachers are encouraged to try a variety of teaching and classroom management strategies. Teachers are expected to collaborate effectively and report concerns to support staff.
• Student support team interventions and responses – These interventions aim to engage the student’s support system at school and at home to ensure success by working to change the conditions that contribute to student’s unsuccessful behaviors. They can involve school staff, partner and community agency staff.

What are possible Level 1 responses? 

Classroom interventions and responses will include one or more of the following:

• Positive directives that state expectations;
• Positive and specific feedback;
• Re-teaching and rehearsal of skill or procedure;
• Increased opportunity to respond during instruction;
• Increase teacher proximity;
• Verbal prompt, redirection and/ or correction;
• Reminders and redirection;
• Student/teacher conference;
• Develop relationship with families;
• Family conference;
• Daily progress sheets on behavior;
• Create a classroom check-in plan;
• Restorative practices and strategies;
• Reflection activity;
• Student/teacher conference;
• Teacher contacts parent/guardian to discuss infraction and next steps;
• Referral to the Dignity Act coordinator;
• Other evidence-based student specific strategies. 

Student-support team interventions and responses may include one or more of the following:

• Check-in with school building staff;
• Mentoring/coaching;
• Peer mediation;
• Restitution plan;
• Referral to school-based health or mental health providers;
• Service to school and community;
• Referral to community organization;
• Utilize support staff;
• Develop relationships with families;
• Restorative Circle;
• Other evidence-based student specific strategies;
• Consideration of environmental/SEL factors when determining intervention(s) and supports.

When are Level 2 responses merited?

These interventions may be appropriate when supports have been put in place in the classroom to address behavior, but the behavior has become persistent and has continued to negatively influence the learning of the student and others. 

Who will implement the Level 2 response?

Teachers and classroom staff will implement the classroom interventions and responses. The student support team and/or building administrators will implement the other identified interventions and responses. 

How will Level 2 responses be implemented?

• Classroom interventions and responses – These interventions may be appropriate when supports have been put in place in the classroom to address behavior, but the behavior has become persistent and has continued to negatively influence the learning of the student and others.
• Student support team and/or administrative-level interventions and responses – These interventions can involve support staff or administrative staff when needed and are designed to correct behavior by addressing the seriousness of the behavior while keeping the student in school. 

What are possible Level 2 responses? 

All interventions and responses listed in Level 1 are also available for Level 2. 

Classroom interventions and responses will include:

• Collaborate with family;
• Collect progress monitoring data about the behavior and interventions attempted;
• Review of cumulative folder and academic progress, create implement and monitor academic plan;
• Collaborate with academic coaches and/or behavior specialists to build on student strengths;
• Create a literacy-based strategic plan;
• Monitor all plans created and reevaluate every two weeks;
• Peer mediation/restorative circle. 

Student support team and/or administrative-level interventions and responses may include:

• Referral to MTSS for possible Tier 1 interventions;
• Administrative and/or support team conference;
• After school Detention;
• Lunch Detention;
• Suspension from transportation;
• Consideration of environmental/SEL factors when determining intervention(s) and supports. 

When are Level 3 responses merited?

These interventions and responses may be appropriate when the behavior at issue jeopardizes school and classroom safety and order. 

Who will implement the Level 3 response?

Teachers and classroom staff will implement the classroom interventions and responses. The student support team and/or building administrators will implement the other identified interventions and responses. 

How will Level 3 responses be implemented?

• Classroom and support team interventions and responses – If a student is removed from the learning environment, teachers/staff will review and adjust the classroom interventions and responses. The student support team and/or building administrators will implement any changes and record the effectiveness of the response.
• Administrative and student support team interventions and responses – These interventions and responses may include removing the student from the classroom or school environment because of the seriousness of the demonstrated behavior. The duration of the removal from the learning environment is to be limited as much as possible while still adequately addressing the seriousness of the behavior. 

What are possible Level 3 responses? 

All interventions and responses listed in Levels 1 and 2 are also available for Level 3. 

Classroom and support team interventions and responses will include:

• Initiate a student-centered discussion about the incident (and repair, restore and re- teach expectations)
• Initiate restorative conference about the incident
• Create, implement and monitor a transition plan for student returning to the classroom (eg. restorative circle).

Intensive administrative-level and/or student support team interventions and responses may include:

• Referral and coordination with community-based supports;
• Prior and/or upon reentry, restorative circle with teacher/students facilitated by administrator;
• Informal conference with principal and student;
• Faculty/staff contacts parents/guardian;
• Family/guardian/student/school team conference;
• Develop functional behavioral assessment and behavior intervention plan;
• In-school suspension up to 5 days;
• Out-of-school suspension up to 5 days;
• Family/guardian notification of due process rights; 
• For students in grades prekindergarten through 5, principal must immediately provide written notification to superintendents designee;
• Consideration of environmental/SEL factors when determining intervention(s) and supports. 
• Comprehensive School Threat Assessment Guidelines (CSTAG)
• Suicide Risk Assessment

When are Level 4 responses required?

These interventions and responses may be appropriate when the behavior at issue seriously jeopardizes school and classroom safety and order. 

Who will implement a Level 4 response?

Teachers and classroom staff will implement the classroom interventions and responses. The student support team and/or building administrators will implement the other identified interventions and responses. 

How will Level 4 Responses be Implemented?

• Classroom and support team interventions and responses – If a student is removed from the learning environment, teachers/staff are expected to review and adjust the classroom interventions and responses and seek out additional community based resources including the parent in the process. The student support team and/or building administrators will implement any changes and record the effectiveness of the response.
• Student support team interventions and responses – These interventions and responses may include removing the student from the classroom or school environment because of the seriousness of the demonstrated behavior. The duration of the removal from the learning environment is to be limited as much as possible while still adequately addressing the seriousness of the behavior. 

What are possible Level 4 responses? 

All interventions and responses listed in Levels 1, 2 and 3 are also available for Level 4. 

Classroom and/or student support team interventions and responses will include:

• Intensify and/or reevaluate application of previous interventions and supports.
• Plan for classmates as students returns;
• Faculty/staff contacts parent/guardian.

Intensive administrative-level and support team interventions and responses may include:

• Plan for a student reentry meeting;
• Wraparound services;
• Individualized case management for students with 504 plans or IEPs;
• Request for district hearing to request consideration of a long-term suspension, alternative placement or permanent suspension;
• For students in prekindergarten through grade 5, principal must immediately provide written notification to superintendent’s designee;
• Suspension from school for more than 5 days;
• Consideration of environmental/SEL factors when determining intervention(s) and supports. 
• Comprehensive School Threat Assessment Guidelines (CSTAG)
• Suicide Risk Assessment