CODE OF CONDUCT SUMMARY
On June 8, 2004 the
Malone Central School Board of Education adopted a Code of Conduct in accordance
with recent legislation enacted in
I.
Introduction
The Board of Education
(“Board”) is committed to providing a safe and orderly school environment where
students may receive, and district personnel may deliver, quality educational
services without disruption or interference.
Responsible behavior by students, teachers, other district personnel,
parents and other visitors is essential to achieving this goal.
The district has a
long-standing set of expectations for conduct on school property and at school
functions. These expectations are
based on the principles of civility, mutual respect, citizenship, character,
tolerance, honesty, and integrity.
The Board recognizes the
need to clearly define these expectations for acceptable conduct on school
property, to identify the possible consequences of unacceptable conduct, and to
ensure that discipline when necessary is administered promptly and fairly.
To this end, the Board adopts this code of conduct (“code”).
Unless otherwise
indicated, this code applies to all students, school personnel, parents and
other visitors when on school property or attending a school function.
II.
Definitions
The following terms are
defined in this section: Disruptive Student, School Property, School Function,
Violent Student, and Weapons.
III.
Student Rights and Responsibilities
This section lists 11
student rights and 15 student responsibilities designed to promote a safe,
healthy, orderly and civil school environment.
IV.
Essential Partners
This section outlines
roles in supporting the Code of Conduct.
The essential partners are Parents, Teachers, Guidance Counselors,
Related Service Providers, Support Staff, Principals/Assistant
Principals/Directors, Superintendent/Assistant Superintendent, and the Board of
Education.
V.
Student Dress Code
A student’s dress,
grooming and appearance, including hair style/color, jewelry, make-up and nails,
shall:
1.
Be safe, appropriate and not disrupt or interfere with the educational
process.
2.
Recognize that extremely brief garments such as tube tops, net tops,
halter tops, spaghetti straps, plunging necklines (front and/or back) and see
through garments are not appropriate.
3.
Ensure that underwear is completely covered with outer clothing.
4.
Include footwear at all times.
Footwear that is a safety hazard will not be allowed.
5.
Not include the wearing of hats in the classroom except for a medical or
religious purpose.
6.
Not include items that are vulgar, obscene, libelous or denigrate others
on account of race, color, religion, creed, national origin, gender, sexual
orientation or disability.
7.
Nor promote and/or endorse the use of alcohol, tobacco or illegal drugs
and/or encourage other illegal or violent activities.
Each building principal
or his or her designee shall be responsible for informing all students and their
parents of the student dress code at the beginning of the school year and any
revisions to the dress code made during the school year.
VI.
Prohibited Student Conduct
Students may be subject
to disciplinary action, up to and including suspension from school, when they:
A.
Engage in conduct that is disorderly.
B.
Engage in conduct that is insubordinate.
C.
Engage in conduct that is disruptive.
D.
Engage in conduct that is violent.
E.
Engage in any conduct that endangers the safety, morals, health or
welfare of others.
F.
Engage in misconduct while on a school bus.
G.
Engage in any form of academic misconduct.
VII.
Reporting Violations
This section outlines
the responsibilities of students to report violations of the Code of Conduct to
school personnel. It also outlines
situations in which school personnel must notify parents and/or law enforcement
officials.
VIII.
Discipline Penalties
This section defines the
range of disciplinary penalties that can be imposed and the school personnel
authorized to impose them. A new
area is the “Teacher disciplinary removal of disruptive students”.
The following is the full text of this sub section.
A student’s behavior can
affect a teacher’s ability to teach and can make it difficult for other students
in the classroom to learn. In most
instances, the classroom teacher can control a student’s behavior and maintain
or restore control over the classroom by using good classroom management
techniques. These techniques may
include practices that involve the teacher directing a student to briefly leave
the classroom to give the student an opportunity to regain his or her composure
and self-control in an alternative setting.
Such practices may include, but are not limited to: (1) short-term “time
out” in 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.
Time-honored classroom management techniques such as these do not
constitute disciplinary removals for purposes of this code.
On occasion, a student’s
behavior may become disruptive. For
purposes of this code of conduct, a disruptive student is a student who is
substantially disruptive of the educational process or substantially interferes
with the teacher’s authority over the classroom.
A substantial disruption of the educational process or substantial
interference with a teacher’s authority occurs when a student demonstrates a
persistent unwillingness to comply with the teacher’s instructions or repeatedly
violates the teacher’s classroom behavior rules.
A classroom teacher may
remove a disruptive student from class for one to four days at the secondary
level and elementary specials depending on the severity of the situation.
The removal from class applies to the class of the removing teacher only.
At the elementary level the length of removal from the student’s main
classroom will be at the discretion of the teacher and principal.
A traditional removal to
the office may be used for the duration of the period (middle school/high
school). The explanation and
rebuttal can take place after class in the office.
If the student poses a
danger or ongoing threat of disruption, the teacher may order the student to be
removed immediately. The teacher
must immediately contact the office to notify administration that the student
has been removed or to seek help if a student refuses to leave using the
emergency response code. 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 with 24-hours.
The teacher must
complete a district-established disciplinary removal form and meet with the
principal or his or her designee as soon as possible, but not later than the end
of the school day, to explain the circumstances of the removal and to present
the removal 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, in writing, that
the student has been removed from class and why.
The notice must also inform the parent that he or she has the right, upon
request, to meet informally with the principal or the principal’s designee to
discuss the reasons for the removal.
The written notice must
be provided by personal delivery, express mail delivery, or some other means
that is reasonably calculated to assure receipt of the notice within 24 hours of
the student’s removal at the last known address for the parents.
Where possible, notice should also be provided by telephone if the school
has been provided with a telephone number(s) for the purpose of contacting
parents.
The principal may
require the teacher who ordered the removal to attend the informal conference.
If at the informal
meeting the student denies the charges, the principal or the principal’s
designee must explain why the student was removed and give the student and the
student’s parents a chance to present the student’s version of the relevant
events. The informal meeting must
be held within 48 hours of the student’s removal.
The timing of the informal meeting may be extended by mutual agreement of
the parent and principal.
The principal or the
principal’s designee may overturn the removal of the student from class if the
principal finds any one of the following:
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 or his or
her designee may overturn a removal at any point between receiving the referral
form issued by the teacher and the close of business on the 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.
The principal must keep
a log of all removals of students from class.
The log may be in the form of individual student discipline records.
Removal of a student
with a disability, under certain circumstances, may constitute a change in the
student’s placement. Accordingly,
no teacher may remove a student with a disability from his or her class until he
or she has verified with the principal or the chairperson of the Committee on
Special Education that the removal will not violate the student’s rights under
state or federal law or regulation.
IX.
Alternative Instruction
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 appropriate alternative means of instruction for the
student.
X.
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 have 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.
XI.
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 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.
XII.
Student Searches and Interrogations
This section identifies
the protocol for searches and interrogations.
It is important to note that 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.
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.
XIII.
Visitors to the Schools
This section outlines
the rules for visitors to the schools.
Generally speaking, visitors will be required to enter through the
designated single point of entry and sign in.
XIV.
Public Conduct on School Property
This section outlines
the expectations for public conduct on school property.
It spells out specifically prohibited conduct, penalties, and
enforcement.
XV.
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 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.
The Board may appoint an
advisory committee to assist in reviewing the code and the district’s response
to code of conduct violations. The
committee will be made up of representatives of student, teacher, administrator,
and parent organizations, school safety personnel and other school personnel.
Before adopting any
revisions to the code, the Board will hold at least one public hearing at which
school personnel, parents, students and any other interested party may
participate.
The code of conduct and
any amendments to it will be filed with the Commissioner no later than 30 days
after adoption.
*An age appropriate version of the summary will be used at the elementary
schools with students. Elementary
school students may receive the information in the classroom rather than in a
general assembly.