SUBJECT:
SUSPENSION OF STUDENTS (#7313)
The Superintendent
and/or the Principal may suspend the following students from required attendance
upon instruction:
a)
A student who is
insubordinate or disorderly; or
b)
A student who is violent
or disruptive; or
c)
A student whose conduct
otherwise endangers the safety, morals, health or welfare of others.
The Superintendent and/or the Principal of the school where the student
attends shall have the power to suspend a student for a period not to exceed
five (5) school days. In the
absence of the Principal, the designated “Acting Principal” may then suspend a
student for a period of five (5) school days or less.
When the Superintendent or the Principal (the “suspending authority”)
proposes to suspend a student for five (5) school days or less, the suspending
authority shall provide the student with
notice of the charged misconduct.
If the student denies the misconduct, the suspending authority
shall provide an explanation of the
basis for the suspension.
When suspension of a student for a period of five (5) school days or less
is proposed, administration shall also immediately notify the parent/person in
parental relation in writing that the student
may be suspended from school.
Written notice shall be provided by personal delivery, express mail
delivery, or equivalent means reasonably calculated to assure receipt of such
notice within twenty-four (24) hours of the decision to propose suspension at
the last known address or addresses of the parents/persons in parental relation.
Where possible, notification shall also be provided by telephone if the
school has been provided with a telephone number(s) for the purpose of
contacting parents/persons in parental relation.
The notice shall provide
a description of the incident(s) for which suspension is proposed and shall
inform the student and the parent/person in parental relation of their right to
request an immediate informal conference with the Principal in accordance with
the provisions of Education Law Section 3214(3)(b).
Both the notice and the informal conference shall be in the dominant
language or mode of communication used by the parents/persons in parental
relation. At the informal
conference, the student and/or parent/person in parental relation shall be
authorized to present the student’s version of the event and to ask questions of
the complaining witnesses.
The notice and opportunity for informal conference shall take place
prior to suspension of the student
unless the student’s presence in the school poses a continuing danger to
persons or property or an ongoing threat of disruption to the academic process,
in which case the notice and opportunity for an informal conference shall take
place as soon after the suspension as is reasonably practical.
Teachers shall immediately report or refer a violent student to the
Principal or Superintendent for a violation of the
District’s Code of Conduct and a
minimum suspension period.
In situations where the Superintendent determines that a suspension in
excess of five (5) school days may be warranted, the student and parent/person
in parental relation, upon reasonable notice, shall have had an opportunity for
a fair hearing. At the hearing, the
student shall have the right of representation by counsel, with the right to
question witnesses against him/her, and the right to present witnesses and other
evidence on his/her behalf.
Where the basis for the suspension is, in whole or in part, the
possession on school grounds or school property by the student of any firearm,
rifle, shotgun, dagger, dangerous knife, dirk, razor, stiletto or any of the
weapons, instruments or appliances specified in Penal Law Section 265.01, the
hearing officer or Superintendent shall not be barred from considering the
admissibility of such weapon, instrument or appliance as evidence,
notwithstanding a determination by a court in a criminal or juvenile delinquency
proceeding that the recovery of such weapon, instrument or appliance was the
result of an unlawful search or seizure.
Pursuant to law, Commissioner’s Regulations and the
District’s Code of Conduct, minimum
periods of suspension shall be provided for the following prohibited conduct,
subject to the requirements of federal and state law and regulations:
a)
Consistent with the
federal Gun-Free Schools Act, any student who is determined to have brought a
weapon to school or possessed a weapon on school premises shall be suspended for
a period of not less than one (1) calendar year.
However, the Superintendent has the authority to modify this suspension
requirement on a case-by-case basis.
b)
A minimum suspension
period for students who repeatedly are substantially disruptive of the
educational process or substantially interfere with the teacher’s authority over
the classroom, provided that the suspending authority may reduce such period on
a case-by-case basis to be consistent with any other state and federal law.
The definition of “repeatedly is substantially disruptive of the
educational process or substantially interferes with the teacher’s authority”
shall be determined in accordance with the Regulations of the Commissioner.
c)
A minimum suspension
period for acts that would qualify the student to be defined as a violent
student pursuant to Education Law 3214(2-a)(a), provided that the suspending
authority may reduce such period on a case-by-case basis to be consistent with
any other state and federal law.
Suspension of Students
with Disabilities
Generally, should a student with a disability infringe upon the
established rules of the schools, disciplinary action shall be in accordance
with procedures set forth in the
District’s Code of Conduct and in conjunction with applicable law and the
determination of the Committee on Special Education (CSE).
For suspensions or removals up to ten (10) school days in a school year
that do not constitute a disciplinary change in placement, students with
disabilities must be provided with alternative instruction or services on the
same basis as non-disabled students of the same age.
If suspension or removal
from the current educational placement constitutes a disciplinary change in
placement because it is for more than ten (10) consecutive school days or
constitutes a pattern because the suspensions or removals cumulate to more than
ten school days in a school year, a manifestation determination must be made.
A review of the
relationship between the student’s disability and the behavior subject to
disciplinary action to determine if the conduct is a manifestation of the
disability must be made by a manifestation team immediately, if possible, but in
no case later than ten (10) school days after a decision is made:
a)
By the Superintendent to
change the placement to an interim alternative educational setting (IAES);
b)
By an Impartial Hearing
Officer (IHO) to place the student in an IAES; or
c)
By the Board, District
Superintendent, Superintendent or building principal to impose a suspension that
constitutes a disciplinary change of placement.
The manifestation team shall include a representative of the District
knowledgeable about the student and the interpretation of information about
child behavior, the parent and relevant members of the CSE as determined by the
parent and the District. The parent
must receive written notice prior to the meeting to ensure that the parent has
an opportunity to attend. This
notice must include the purpose of the meeting, the names of those expected to
attend and notice of the parent’s right to have relevant members of the CSE
participate at the parent’s request.
The manifestation team
shall review all relevant information in the student’s file including the
student’s individualized education program (IEP), any teacher observations, and
any relevant information provided by the parents to determine if: the conduct in
question was caused by or had a direct and substantial relationship to the
student’s disability; or the conduct in question was the direct result of the
District’s failure to implement the IEP.
If it is determined, as a result of this review, that the student’s
behavior is a manifestation of his/her disability the CSE shall conduct a
functional behavioral assessment and implement or modify a behavioral
intervention plan. Unless the
change in placement was due to behavior involving serious bodily injury,
weapons, illegal drugs or controlled substances, the student must be returned to
the placement from which the student was removed unless the parent and the
District agree to a change of placement as part of the modification of the
behavioral intervention plan.
If it is determined that the student’s behavior is not a
manifestation of his/her disability, the relevant disciplinary procedures
applicable to students without disabilities may be applied to the student in the
same manner and for the same duration for which they would be applied to
students without disabilities, subject to the right of the parent/person in
parental relation to request a hearing objecting to the manifestation
determination and the District’s obligation to provide a free, appropriate
public education to such student.
Regardless of the manifestation determination, for subsequent suspensions
or removals for ten (10) consecutive school days or less that in the aggregate
total more than ten (10) school days in a school year but do not
constitute a disciplinary change of placement, and for suspensions or other
disciplinary removals in excess of ten (10) school days in a school year which
do constitute a disciplinary change in placement for behavior, the CSE
shall determine the services to be provided to students with a disability
necessary for them to continue to participate in the general education
curriculum and progress toward meeting the goals set out in their IEP, and shall
conduct or provide, as appropriate, a functional behavioral assessment,
behavioral intervention services and modifications that are designed to address
the behavior violation so it does not recur.
Interim
Alternative Educational Setting (IAES)
Students with disabilities who have been suspended or removed from their
current placement for more than ten (10) school days may, as determined by the
CSE, be placed in an IAES which is a temporary educational setting other than
the student’s current placement at the time the behavior precipitating the IAES
placement occurred.
Additionally, the District may seek an order from a hearing officer for a
change in placement of a student with a disability to an appropriate IAES for up
to forty-five (45) school days if the District establishes, in accordance with
law, that such student is substantially likely to injure himself/herself or
others.
There are three (3) specific instances when a student with a disability
may be placed in an IAES for up to forty-five (45 school days without regard to
a manifestation determination:
a)
Where the student
carries or possesses a weapon to or at school, on school premises, or to or at a
school function under the jurisdiction of the District; or
b)
Where a student
knowingly possesses or uses illegal drugs or sells or solicits the sale of a
controlled substance while at school, on school premises, or a school function
under the jurisdiction of the District; or
c)
Where a student
has inflicted serious bodily injury upon another person while at school, on
school premises, or at a school function under the jurisdiction of the District.
Serious bodily harm has been defined in law to refer to one of the
following:
1.
Substantial risk
of death;
2.
Extreme physical
pain; or
3.
Protracted and
obvious disfigurement or protracted loss or impairment of the function of a
bodily member, organ or mental faculty.
A school function shall mean a school-sponsored or school-authorized
extracurricular event or activity regardless of where such event or activity
takes place, including any event or activity that may take place in another
state.
School personnel may consider any unique circumstances on a case-by-case
basis when determining whether to order a change in placement for a student with
a disability who violates a code of student conduct.
In all cases, the student placed in an IAES shall:
a)
Continue to
receive educational services so as to enable the student to continue to
participate in the general education curriculum, although in another setting,
and to progress towards the goals set out in the student’s IEP, and
b)
Receive, as
appropriate, a functional behavioral assessment and behavioral intervention
services and modifications that are designed to address the behavior violation
so that it does not recur.
The period of suspension or removal may not
exceed the amount of time a non-disabled student would be suspended for the same
behavior.
The BOCES Principal may suspend
In-school suspension
will be used as a lesser discipline to avoid an out-of-school suspension.
The student shall be considered present for attendance purposes.
The program is used to keep each student current with his/her class work
while attempting to reinforce acceptable behavior, attitudes and personal
interaction.
BOCES activities, such as field trips and other activities outside the
building itself, are considered an extension of the school program.
Therefore, an infraction handled at BOCES is to be considered as an act
within the
A student who is ineligible to attend a District school on a given day
may also be ineligible to attend BOCES classes.
The decision rests with the Superintendent or his/her designee.
If a parent/person in parental relation wishes to appeal the decision of
the Building Principal and/or Superintendent to suspend a student from school,
regardless of the length of the student’s suspension, the parent/person in
parental relation must appeal to the Board of Education prior to commencing an
appeal to the Commissioner of Education.
Procedure after
Suspension
When a student has been suspended and is of compulsory attendance age,
immediate steps shall be taken to provide alternative instruction which is of an
equivalent nature to that provided in the student’s regularly scheduled classes.
When a student has been suspended, the suspension may be revoked by the
Board of Education whenever it appears to be for the best interest of the school
and the student to do so. The Board
of Education may also condition a student’s early return to school and
suspension revocation on the student’s voluntary participation in counseling or
specialized classes, including anger management or dispute resolution, where
applicable.