CENTRAL SCHOOLD

CODE OF C

Approved bythe Byron-Bergen Board of Education August 24, 2023

I. Introduction

The Board of Education (“Board”) is committed to providing a safe and orderlyschool environment where students may receive and District personnel maydeliver quality educational services without disruptionor 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 propertyand 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 clearlydefine these expectations for acceptable conduct on school property, to identifythe possible consequencesof unacceptable conduct, and to ensure that discipline when necessaryis administered promptlyand 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 propertyor attending a school function.

II. Definitions

For purposes of this Code, the following definitions apply:

“Ammunition” includes projectiles, such as bullets and shot, which can be propelled from a firearm as defined in 18 USC §921, as well as fuses, primers, cartridge cases, and propellant powder designed for use in any firearm.

"Cyberbullying" harassment, intimidation, or bullying as defined above that occurs through any form of electronic communication.

“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 regard by others as such an impairment.

“Discrimination” means discrimination against any student by a student or students and/or an employee or employees on school property or at a school function including, but not limited to, discrimination based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity or expression), or sex.

“Disruptive student” means an elementary or secondary student under the age of 21 who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom.

“Drug paraphernalia” is any object, used or designed for the purpose of ingesting, inhaling, or otherwise introducing substances into the human body, including, but not limited to, marijuana, cocaine, hashish, or hashish oil.

“Emotional Harm” that takes place in the context of “harassment or bullying” means harm to a student’s emotional well-being through the creation of a hostile school environment that is so severe or pervasive as to unreasonably and substantially interfere with a student’s education.

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“Employee” means any person receiving compensation from the 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 the District, its students or employees, directly or through contract, whereby such services performed by such person involve direct student contact.

“Gender” means actual or perceived sex and shall include a person’s gender identity or expression.

“Gender expression” is the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyle, activities, voice or mannerisms.

“Gender identity” is one’s self-conception as being male or female or something outside these binaries, as distinguished from actual biological sex or sex assigned at birth.

“Harassment, intimidation or bullying” means any gesture, any written, verbal or physical act, or any electronic communication,1 whether it be a single egregious incident or a series of incidents that is:

a)	reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, weight, national origin, ethnic group, religion, religious practice, disability, gender, sexual orientation, gender identity and expression, or
b) by any other distinguishing characteristic; and that,
c)	takes place on school property, at any school-sponsored function, or on a school bus, and/or that substantially disrupts or interferes with the orderly operation of the school or the rights of other students; and that,
d) a reasonable person should know, under the circumstances, that the act(s) will have the effect of physically or emotionally harming a student or damaging the student’s property, or placing a student in reasonable fear of physical or emotional harm to his/her person or damage to his/her property; or
e)	has the effect of insulting or demeaning any student or group of students; or
f)	creates a hostile educational environment for the student by interfering with a student’s education or by severely or pervasively causing physical or emotional harm to the student.

“Parent” means parent, guardian or person in parental relation to a student.

“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.

“School function” means any school-sponsored extracurricular event or activity, whether located on or off school property.

“School property” (owned, leased, or lent) 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 on a school bus, as defined in Vehicle and Traffic Law § 142.

“Sexual orientation” means actual or perceived heterosexuality, homosexuality, or bisexuality.

1“Electronic communication” means a communication transmitted by means of an electronic device, including, but not limited to, a telephone, cellular phone, or computer.	3

“Violent student” means a student under the age of 21 who:
1. Commits or threatens to commit an act of violence upon a school employee, or attempts to do so.
2. Commits, while on school propertyor at a school function, an act of violence upon another student or any other person lawfullyon school property, or attempts to do so.
3. Possesses, displays, or threatens use of a weapon or what appearsto be a weapon.
4. Knowinglyand intentionallydamages or destroys the personal propertyof any school employee or any person lawfully on school propertyor at a school function.
5. Knowinglyand intentionallydamages or destroys school District property.

“Weapon” means a firearm as defined in 18 USC §921 for purposes of the Gun-Free Schools Act. It also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger, dirk, razor, stiletto, switchblade knife, gravityknife, brass knuckles, sling shot, metal knuckle knife, box cutter, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper sprayor other noxious spray, explosive or incendiarybomb, or other device, instrument, material, or substance that can cause physical injuryor death when used to cause physical injuryor death.

III. Student Rights and Responsibilities

A. Student Rights
The District is committed to safeguarding the rights given to all students under State and Federal law, including, but not limited to:
1. Take part in all District activities on an equal basis regardless of race, color, weight, national origin, ethnic group, religion, religious practice, gender (including gender identity or expression), sexual orientation, or disability.
2. Present their version, at the appropriate time, of the relevant events to school personnel authorized to impose a disciplinary penalty in connection with the imposition of the penalty.
3. Access school rules and, when necessary, receive an explanation of those rules from school personnel.

B. Student Responsibilities
All District students have the responsibilityto:
1. Work to the best of their ability in all academic and extracurricular pursuits and strive toward their highest level of achievement possible.
2. Ask questions when they do not understand.
3. Contributeto maintaining a safe, supportive, and orderly school environment that is conducive to learning and to show respect to other persons and to property.
4. Be familiar with and abide byall District policies, rules, and regulations dealing with student conduct. 5. Attend school everyday unless they are legally excused and be in class, on time, and preparedto
learn.
6. React to direction given by teachers, administrators, bus drivers, and other school personnel in a respectful, positive manner.
7. Work to develop mechanisms to control their anger.
8. Be proactive in seeking out teacher, administrator, bus driver, or other school personnel support in issues that could compromise the safety, health, and order of the school.
9. Seek help in solving problems that might lead to discipline. 10. Dress appropriately for school and school functions.
11. Accept responsibilityfor their actions.
12. Conduct themselves as representatives of the District at all times when attending school and participating in or attending school-sponsoredand extracurricular events and to hold themselves to the

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highest standards of conduct, demeanor, and sportsmanship. This includes while being transportedby the District on a bus or other school vehicle.
13. Use appropriate language.
14. Demonstrate acceptance for the individualityof others. 15. Conduct themselves with honestyand integrity.

IV. Essential Partners

The essential partners are parents, families, teachers, guidance counselors, principals, Superintendent, Board of Education members, and other school personnel. All essential partners will work to maintain a climate of mutual respect and dignity, which will strengthen students’ self-concept and promote confidence to learn. Essential partners have an obligation to read and understand the school’s Code of Conduct. Faculty and staff are required to apply and enforce the Code of Conduct in a fair and consistent manner.

A. Parents
All parents are expected to:
1. Recognize that the educationof their child(ren) is a joint responsibilityof the parents and the school community.
2. Send their child(ren) to school prepared to participate and learn. 3. Ensure their child(ren) attend school regularlyand on time.
4. Ensure legal absences are excused.
5. Insist their child(ren) be dressed and groomed in a manner consistent with the student dress guidelines.
6. Help their child(ren) understand that in a democratic societyappropriate rules are required to maintain a safe, orderlyenvironment.
7. Know school rules and help their child(ren) understand them.
8. Conveyto their child(ren) a supportive attitude toward educationand the District.
9. Build positive, constructive relationships with teachers, all school personnel, other parents, and their child(ren)’s friends.
10. Help their child(ren) deal effectivelywith peer pressure and bullying.
11. Inform school officials of changes that mayaffect student conduct or performance. 12. Provide a place for studyand ensure homework assignments are completed.
13. Help ensure a healthyenvironment bykeeping a child home from school if he/she has a contagious illness.
14. Engage respectfullyand reasonablywith school personnel in meeting and discussions, and respect the right of any school personnelto terminate a meeting that is unproductive or adversarial.

B. Teachers
All District teachers are expected to:
1. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity or expression) or sex, which will strengthen students’ self-concept and promote confidence to learn.
2. Be prepared to teach.
3. Demonstrate interest in teaching and concern for student achievement.
4. Encourage students to benefit from the curriculum and extracurricular programs. 5. Know school policies and rules, and enforce them in a fair and consistent manner. 6. Communicate to students and parents:
a. Course objectives and requirements; b. Marking/grading procedures;
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c. Assignment deadlines;
d. Academic and behavioral expectations for students; and e. Classroom discipline plan.
7. Engage in productive communication with students, parents, teachers, and other school personnel. 8. Model appropriate use of electronic devices in accordance with District policy.
9. Report incidents of bullying, discrimination, and harassment in a timely manner, including those that are witnessed or otherwise brought to a teacher’s attention.
10. Instruct students in civility, citizenship, and character education by expanding the concepts of tolerance, respect for others, and dignity. This will be accomplished in part throughthe implementation of an ongoing character education program.
11. Confront issues of discrimination and harassment or anysituation that threatens the emotionalor physical health or safety of any student, school employee, or anyperson who is lawfullyon school propertyor at a school function.
12. Address personal biases that may prevent equal treatment of all students in the school or classroom setting.

C. Counselors
All counselors are expected to:
1. Assist students in coping with peer pressure and emerging personal, social, and emotional problems. 2. Initiate teacher/student/counselorconferences and parent/teacher/student/counselorconferences, as
necessary, to resolve problems.
3. Promote a climate of mutual respect and dignityfor all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identityor expression) or sex, which will strengthen students’ self-concept and promote confidence to learn.
4. Confront, and as required by District policy, report, issues of discrimination, bullying and/or harassment or any 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. This includes incidents in which the counselor individually witnesses or receives reliable information regarding such incidents.
5. Regularlyreview with students, at the secondarylevel, their educationalprogress and career plans. 6. Actively promote awareness and assistance with post-secondaryplans.
7. Know school policies and rules, and enforce them in a fair and consistent manner. 8. Encourage students to benefit from the curriculum and extracurricular programs. 9. Model appropriate use of electronic devices in accordance with District policy.
10. Make known to students and families the resources in the community that are available to meet their needs.
11. Address personal biases that may prevent equal treatment of all students.

D. Principals
All Principals are expected to:
1. Promote a safe, orderly, and positive educational environment, supporting active teaching and learning.
2. Promptlyaddress issues of discriminationand harassment or anysituation that threatens the emotional or physical health or safetyof any student, school employee, or anyperson who is lawfullyon school propertyor at a school function.
3. Ensure that students, parents, and staff have the opportunityto communicate regularlywith the principal and other administrators and approach such administrators for redress and grievances.
4. Evaluate on a regular basis all instructionaland non-instructionalprograms.

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5. Support the development and existence of appropriate extracurricular activities and student participation in those activities.
6. Be responsible for enforcing the Code of Conduct and ensuring that all cases are resolved promptly in a fair and consistent manner.
7. Engage in communication with parents as the need arises. 8. Promote a diverse and inclusive environment.
9. Maintain and enforce a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity or expression) or sex.
10. Confront, and as required, report, issues of discrimination, bullying and/or harassment or any 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. This includes any incidents which the principal individually witnesses or receives reliable information regarding any such incident.
11. Respond promptly to reports of discrimination, bullying and/or harassment, pursuant to District policy.

E. Superintendent
The Superintendent is expected to:
1. Promote a safe, orderly, and stimulating school environment, supporting active teaching and learning. 2. Review with District administratorsthe policies of the Board of Educationand State and Federal laws
relating to school operations and management. 3. Inform the Board about educationaltrends.
4. Work to create instructionalprograms that are engaging to students and are sensitive to student and teacher needs.
5. Work with District administrators in enforcing the Code of Conduct and ensuring that all cases are resolved promptlyand in a fair and consistent manner.
6. Emulate a diverse and inclusive learning environment and workplace.
7. Actively engage in communication with all District personnel, parents, community members and students as the need arises.
8. Maintain and foster a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethic group, religion, religious practice, disability, sexual orientation, gender (including gender identity or expression) or sex.
9. Confront and report issues of discrimination, bullying and/or harassment when the superintendent individually witnesses or receives reliable information regarding any such incident, pursuant to District policy, including those the superintendent individually witnesses or receives reliable information regarding.
10. Promptly respond to reports of discrimination, bullying and/or harassment, intimidation or bullying pursuant to District policy.

F. Other District Personnel (including coaches) All other District personnelare expected to:
1. Maintain a climate of mutual respect and dignity, which will strengthen students’ self-concept and promote confidence to learn.
2. Know school policies and rules, and enforce them in a fair and consistent manner. 3. Foster a safe and orderly school environment.
4. Conveyto children a supportive attitude toward educationand the District. 5. Follow all established department procedures.

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6. Promote a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity or expression) or sex.
7. Report issues of discrimination, bullying and/or harassment or any 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. This includes any incidents which are individually witnessed or in which the individual received reliable information regarding any such incident.
8. Coaches will follow the current coaches’ handbook accepted bythe Board of Education.

G. Board of Education
The Board of Education is expected to:
1. Collaborate with student, teacher, administrator, and parent organizations, school safetypersonnel and other school personnel to develop a Code of Conduct that clearly defines expectations for the conduct of students, District personneland visitors on school propertyand at school functions.
2. Adopt and review at least annuallythe District’s Code of Conduct,to evaluate the Code’s effectiveness and the fairness and consistencyof its implementation.
3. Lead by example by fostering a professional, respectful, and courteous environment. 4. Allocate resources required to support enforcement of the Code of Conduct.
5. Maintain and foster a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity or expression) or sex.
6. Confront issues of discrimination, bullying and/or harassment or any 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.

V. Student Dress Code

All students are expected to give proper attention to personal cleanliness and to dress appropriately for school and school functions. Students and their parents have the primary responsibility for acceptable student dress and appearance. Teachers and all other District personnel should exemplify and reinforce acceptable student dress and help students develop an understanding of appropriate appearance in the school setting. If, in the judgment of an administrator or teacher, a student is dressed in a manner that is a disruption to students or teachers, the student will be asked to change.

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 revealing garments are not appropriate and should not be worn in a school environment. Stomach, back, buttocks and chest must be completely covered and no undergarments should be showing.
3. Appropriate footwear needs to be worn in school and on the Elementary School Playground at all times. Teachers will notify students about appropriate footwear in Physical Education and Science classes for safety purposes.
4. Head coverings will be allowed in the school building, however teachers hold the right to ask students to remove head coverings in their classroom. Head coverings shall be removed during testing/assessment situations. Exceptions will be made for medical or religious purposes.
5. Not include items that are vulgar, obscene, libelous, or denigrate others in any way, including (but not limited to) race, color, weight, religion, religious practice, national origin, ethnic group, gender, sexual orientation, gender (including gender identity or expression), sex, or disability.
6. Not promote and/or endorse the use of alcohol, tobacco, or other drugs, or self-harm and/or	8

encourage other illegal or violent activities, including the use of weapons.

7. Should not include the wearing of winter or heavy coats during the school day. This includes blankets. If the classroom temperature falls below 65 degrees Fahrenheit, then students will be allowed to wear a coat.
8. Students may not carry backpacks, shoulder bags, or large purses during the school day. Purses large enough to carry a standard one-inch binder will be considered too large.

Each building principal or his or her designee shall be responsible for informing all students and their parents of the student dress guidelines at the beginning of the school year and any revisions made during the school year.

Students whose dress falls outside the guidelines shall be required to modify their appearance by covering or removing the offending item and, if necessary or practical, replacing it with an acceptable item. If needed, the parent or guardian will be required to provide appropriate clothing. Any student who refuses to do so, or who repeatedly violates the dress code, may be subject to disciplinary action, up to and including out-of-school suspension.

Student attire at after-school and evening activities, including dances, should be appropriate and display good taste in accordance with this dress code.

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 Board recognizes the need to make its expectations specific and clear for student conduct while on school propertyor engaged in a school function off school property. This policyalso permits disciplinary action for conduct inappropriate during a school function that is off school propertyor on a school bus. The inappropriate conduct includes any behavior that affects the health, safety, and/or educational environment of the District.

The rules of conduct listed below are intended to do that and focus on safetyand respect for the rights and propertyof others. Students will accept responsibilityfor their own behavior and those who violate these school rules will be required to accept the penalties for their conduct.
Students may be subject to disciplinaryaction, up to and including suspension from school, when they:

A. Engage in conduct that is disorderly. Examples of disorderly conduct include but are not limited to: 1. Running in hallways without the approvalof a school official.
2. Making unreasonable noise.
3. Using language or gestures that are profane, lewd, vulgar, or abusive. 4. Obstructing vehicular or pedestrian traffic.
5. Engaging in anywillful act that disrupts the normal operation of the school communityor instructional environment.
6. Trespassing. Students are not permitted in any school building, other than the one theyregularly attend, without permission from the administrator in charge of the building or other authorized school personnel. Attendance at any school sponsored function or event open to the public does not constitute trespassing.

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7. Computer/electronic communications misuse, including anyunauthorized use of computers, software, or internet/intranet account; accessing inappropriate websites; or anyother violation of the District’s Acceptable Use Policy
8. Violate any authorized posted signage indicating rules of the District.

B. Engage in conduct that is insubordinate. Examples of insubordinate conduct include but are not limited to:
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 class and/or school without permission. 3. Skipping classes or detention.
4. Failure to comply with the guidelines for appropriate student dress.

C. Engage in conduct that is disruptive. Examples of disruptive conduct include but are not limited to: 1. Failing to comply with the reasonable directions of teachers, school administrators,or other school
personnel in charge of students.
2. The use or operational possession of any paging device, mobile/cellular phone, smart phone, laser pointer or pen, or other telecommunications device or electronic device during instructionaltime including studyhalls and special area classes except as explicitlystatedto the students prior to the class period. These devices may be used in the hallways, and lunch rooms during designated passing or lunch times and before and after school hours only provided theydo not cause anydisruption to student safety. While students are permitted to use these devices during non-instructionaltimes, they are prohibited from using in any manner which invades the privacyof students, employees, volunteers, or visitors. If a student violates this prohibition, then he/she is subject to discipline under this provision or anyother in the Board Code of Conduct that may be applicable to the circumstances involved. Any electronic device that is permitted on school propertyis encouragedto be kept on the person and in a concealed manner.
3. Inappropriate or excessive displays of affection. Inappropriate displays are defined as physical contact deemed offensive by others.
4. Card and game playing in any class or studyhall is at the discretion of the teacher and building administrator.
5. Behaviors and/or incidents causing disruption of the educational process and/or school operations that result in: (a) extraordinary use of administrative time, police involvement, or other outside agency assistance; (b) heightened student/family concerns about school safety; and/or (c) increased absence rates.

D. Engage in conduct that is violent. Examples of violent conduct include but are not limited to:
1. Committing an act of violence (such as hitting, kicking, punching, spitting, scratching, or otherwise physically harming) upon a teacher, administrator, other school employee, student, or anyother person lawfully on school property, or attempting or threatening to commit an act of violence.
2. Possessing, displaying, or threatening to use any weapon, what appears to be a weapon, or any other object that would appear to cause bodily injury. Authorized law enforcement officials are the only persons permitted to have a weapon in their possession while on school propertyor at a school function. Possessionof ammunition is also prohibited.
3. Recklesslyor intentionallydamaging or destroying the personal propertyof a student, teacher, administrator,other District employee, or anyperson lawfully on school property, including graffiti or arson.
4. Recklesslyor intentionallydamaging or destroying school District property, including district issued technology (Chromebook, calculator, laptop, tablet, etc.).

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E. Engage in any conduct that endangers the safety, morals, health or welfare of self and/or others. Examples of such conduct include but are not limited to:
1. Lying to school personnel.
2. Theft and vandalism, including stealing, vandalizing, or destructing the propertyof other students, school personnel, or anyother person lawfully on school propertyor attending a school function.
3. Bullying: exposing an individual, repeatedly, to negative actions alone or with others, where an unequal power relationship exists and where you are the more powerful. This can include, but is not limited to: saying or doing mean and hurtful things, physical touching or hitting, verbal taunts, spreading rumors, intentional social exclusion, and sending harmful messages electronically. Bullying involves aggressive behavior that involves unwanted, negative actions. Bullying involves a pattern of behavior repeated over time.
4. Defamation, which includes making false or unprivileged statements or representations about an individualor identifiable group of individuals that harm the reputation of the personor the identifiable group bydemeaning them. Harassment also includes the use, bothon and off school property, of information technology, including but not limited to, email, instant messaging, blogs, chat rooms, cell phones, gaming systems, and social media websites, to deliberatelyharass or threaten others.
5. Discrimination, which includes the use of race, color, creed, age, national origin, ethnic group, religion, religious practice, gender (including gender identity or expression), sexual orientation, weight, sex, or disabilityas a basis for treating another in a negative manner.
6. Harassment, which includes a sufficientlysevere 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. Harassment also includes the use, both on and off school property, of information technology, including but not limited to, email, instant messaging, blogs, chat rooms, cell phones, gaming systems, and social media websites, to deliberately harass or threatenothers.
7. Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm.
8. Hazing, either on public or private propertywhich is related to school or a school team or organization. Hazing 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. Cyber-bullying or harassing another student or school employee through electronic means when such conduct disrupts the school environment or negatively impacts the health/safetyof the other student or school employee. Cyber-bulling may include, but is not limited to, the use both on and off school propertyof electronic technology(e.g., email, instant messaging, blogs, chat rooms, cell phones, gaming systems, and social media websites), to deliberately harass or threaten others. It may occur both on campus and off school grounds.
10. Selling, using, or possessing obscene material in any form, including electronic form. 11. Using vulgar or abusive language, cursing, or swearing.
12. Smoking, distributing, or possessing a cigarette, cigar, pipe, chewing or smokeless tobacco e-cigarette orotherelectronicdeliverydevice, vaporizer, or anysubstance containing nicotine.
13. Possessing, consuming, selling, distributing, or exchanging alcoholic beverages or illegal substances, or being under the influence of either. “Illegal substances” include, but are not limited to, inhalants, marijuana (cannabinoids), cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike or “counterfeit” drugs, and anysubstances commonlyreferred to as “designer drugs.” Substances that are legal but still prohibited include those not meant for human consumption including synthetic marijuana or K2, propylene glycol (liquid nicotine), salvia, and bath salts.
14. Ingesting, distributing, or possessing prescription medication and over-the-counter drugs unless prescribed bya doctor.
15. Possessing drug paraphernalia, including vaporizers.

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16. Gambling.
17. Indecent exposure; that is, exposure to sight of the private parts of the body in a lewd or indecent manner.
18. Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.
19. Falsely reporting a bomb threat or other threat of harm regarding the school community, including members of the school community, in any written, electronic, or verbal form.
20. Being in any unauthorized area.
21. Unauthorized student driving and parking.
22. Failure to follow the rules regulating the operation of a motor vehicle on campus. 23. Any display of intolerance toward the individualityof others.

F. Engage in misconduct while on a school bus.

It is crucial for students to behave appropriatelywhile riding on District buses to ensure their safetyand 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 the Code of Conduct. Excessive noise, pushing, shoving, spitting and fighting will not be tolerated. Inappropriate language on a bus, especially one with elementaryaged children, will be treated as a violation of the Code of Conduct.

G. Engage in any form of academic misconduct. Examples of academic misconduct include but are not limited to:
1. Plagiarism 2. Cheating 3. Copying
4. Altering records 5. Forgery
6. Assisting another student in anyof the above actions
7. Work/ideas submitted need to be of original thought and of the student

VII. Prohibition Against Discrimination, Harassment, and/or Bullying

The District strictly prohibits discrimination, harassment and/or bullying against any student, by employees or students, that creates a hostile school environment by conduct, or by threats, intimidation or abuse, including cyberbullying.

A. Dignity Act Coordinator

At least one (1) employee in every school building in the District shall be designated as a Dignity Act Coordinator and thoroughlytrained in methods to respond to human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity or expression), and sex.

B. Disciplinary and Remedial Consequences

The District is committed to the creation and maintenance of a positive learning environment for all students. To that end, the District will use measured, balanced, and age-appropriate responses to the discrimination and harassment, intimidation or bullying of students by students and/or employees on school property, including school functions, with remedies and procedures focusing on intervention and education. Remedial responses

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are designed to correct the problem behavior, prevent another occurrence of the behavior, eliminate the hostile environment, and protect the target of the act(s). Appropriate remedial measures will take into consideration the nature and severity of the offending student’s behavior(s), the developmental age of the student, the previous disciplinary record of the student and other extenuating circumstances, and the impact the student’s behaviors had on the individual who was physically injured and/or emotionally harmed. Responses may include, but are not limited to:

a. Peer support groups; corrective instruction or other relevant learning or service experience; b. Assignment of an adult mentor at school that the student checks in with at the beginning and end
of each school day;
c. Supportive intervention;
d. corrective instruction that reemphasizes behavioral expectations or other relevant learning or service experience;
e. engagement of student in a reflective activity, such as writing an essayabout the misbehavior and its impact on others and how the student might handle the situation differently in the future and/or make amends to those who have been harmed;
f. supportive intervention and/or mediation where constructive conflict resolution is modeled; g. Behavioralassessment or evaluation;
h. Behavioral management plans, with benchmarks that are closely monitored; and i. Student counseling and parent conferences.

VIII. Reporting Violations

A. Reporting Responsibilities and Procedures

All studentsare expected to promptlyreport violations of the Code of Conduct to District staff, such as a teacher, counselor, and the appropriate school designee. All District staff who are authorized to impose disciplinarysanctions are expected to do so in a prompt, fair, and lawful manner. District staff who are not authorized to impose disciplinarysanctions are expected to promptly report violations of the Code of Conduct to their supervisor, who shall in turn impose an appropriate disciplinarysanction, if so authorized, or refer the matter to a staff member who is authorized to impose an appropriate sanction.

Any member of the school communityobserving a student possessing a weapon, ammunition, alcohol, or illegal substance on school propertyor at a school function, shall report this information immediately appropriate school designee. Any weapon, ammunition, alcohol, or illegal substance found shall be confiscated immediately, if possible, followed by notification to the parent of the student involved and of the appropriate disciplinary sanction if warranted, which may include permanent suspension and referral for prosecution.

B. Acts of Discrimination, Harassment, or Bullying

Any student, parent, teacher, staff member or visor may report an incident of discrimination, bullying (including cyber-bullying) and/or harassment. Such reports may be made to any staff member, including the principal or the principal’s designee, teachers, administrators, and guidance counselors. Allegations of discrimination, bullying and/or harassment will be treated as confidential and private to the greatest extent possible.

In the event that a report is made to a staff member other than the principal, or upon a staff member’s witnessing of discrimination, bullying (including cyber-bullying) and/or harassment, such staff member shall immediately report the incident, in accordance with the following:
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	School employees who witness harassment, bullying, and/or discrimination or receive an oral or written report of such acts shall promptlyorally notifythe principal, superintendent,or their designee not later than one school day after such employee witnesses or receives a report of such acts, and shall also file a written report with the principal, superintendent,or their designee no later than two school days after making an oral report.

	The principal, superintendent or the principal's or superintendent's designee shall lead or supervise the thorough investigation of all reports of harassment, bullying and/or discrimination, and ensure that such investigation is completed promptlyafter receipt of any written reports. The principal or principal’s designee will inform the parents of all students involved in the alleged incidents, including the outcome of the investigation.

	When an investigation verifies a material incident of harassment, bullying, and/or discrimination, the superintendent, principal, or designee shall take prompt action, reasonablycalculated to end the harassment, bullying, and/or discrimination, eliminate any hostile environment, create a more positive school culture and climate, prevent recurrence of the behavior, and ensure the safetyof the student or students against whom such behavior was directed.

	The principal, superintendent,or their designee may notifypromptlythe appropriate local law enforcement agencywhen it is believed that any harassment, bullying or discrimination constitutes criminal conduct.

	Each principal shall provide a regular report, at least once during each school year, on data and trends related to harassment, bullying, and/or discriminationto the superintendent.

Pursuant to Education Law Section 13, retaliation by any school employee or student shall be prohibited against any individualwho, in good faith, reports or assists in the investigationof harassment, bullying, and/or discrimination.

C. Notification to Law Enforcement

The building principal or his or her designee must notify the appropriate local law enforcement agencyof those Code violations that may constitute a crime and substantiallyaffect the orderor securityof a school as soon as practical, but in no event later than the close of business the daythe principal or his or her designee learns of the violation. The notification may be made by telephone, followed by a letter mailed on same day as the telephone call is made. The notification must identifythe student and explain the conduct that violated the Code of Conduct and constituteda crime.

Any weapon, ammunition, alcohol, or illegal substance found shall be confiscated immediatelyif possible, followed by notification to the parent of the student involved and the appropriate disciplinarysanction if warranted, including notifying appropriate law enforcement if warranted.

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IX. Disciplinary Penalties, Procedures and Referrals

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 expectedto use disciplinaryaction only when necessaryand to place emphasis on the students’ ability to grow in self-discipline.

Disciplinaryaction, 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 disciplinarypenalties 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 disciplinaryrecord.
4. The effectiveness of other forms of discipline.
5. Information from parents, teachers, and/or others, as appropriate.
6. The effects of the inappropriate behavior on the rights, well-being, and teaching of other students. 7. Student disability or religious/sacred institution.
8. Other extenuating circumstances.

As a general rule, discipline will be progressive. This means that a student’s first violation will usually merit a lighter penaltythan subsequent violations.	However, the District reserves the right to impose non-progressive disciplinary penalties based on the severityand circumstances of a specific offense.

If the conduct of a student is related to a disability or suspected disability, the District will adhere to the separate requirements of this Code of Conduct for disciplining students with a disabilityor presumed to have a disability.

A. Penalties/Consequences
Students who are found to have violated the District’s Code of Conduct may be subject to the following penalties, either alone or in combination.

1. Any disciplinary and/or remedial consequence, as listed in section VII (B). 2. Oral warning
3. Written warning
4. Notification to parent a. Verbal
b. Written 5. Time Out
6. Lunch Detention
7. Detention: all posted rules must be followed a. after school
b. late detention 8. Saturdaydetention
9. Suspension from transportation
10. Suspension from athletic participation
11. Suspension from social or extracurricular activities, including Moving Up ceremonies and graduation 12. Suspension of other privileges
13. In-schoolsuspension
14. Removal from classroom by teacher
15. Short-term(five days or less) out-of-schoolsuspension	15

16. Long-term(more than five days) out-of-schoolsuspension

The length of time for the above penalties will be determined by the Administration using the principles of progressive discipline and in accordance with the provisions of the New York State Education Law.

B. Procedures
The amount of due process a student is entitled to receive before a penalty is imposed depends on the penalty being imposed. In all cases, regardless of the penalty imposed, the school personnelauthorized to impose the penalty 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, at the appropriate time,to present their version of the facts to the school personnel imposing the disciplinarypenaltyin connection with the imposition of the penalty.

Students who are to be given penalties other than an oral warning, written warning, or notification to their parents, are entitled to additionalrights before the penalty is imposed. These additionalrights are explained below.

1. Detention
Teachers, principals and the Superintendent may use after school detention as a penalty for student misconduct in situations where removal from the classroom or suspension would be inappropriate.

2. Suspension from transportation
If a student does not conduct himself/herselfproperlyon 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 bythe building principal, or the Superintendent, or their designees. 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 arrangementsto provide for the student’s education. Students with disabilities who receive “special transportation” as a service on their individualized education programs (“IEPs”) or Section 504 Plans will be entitled to the separate requirements of this Code of Conduct for disciplining students with a disabilityasappropriate.

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 opportunityfor an informal conference with the building principal or the principal’s designee to discuss the conduct and the penalty involved.

3. Suspension from athletic participation, extracurricular activities and other privileges
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 will be provided with a reasonable opportunityfor an informal conference with the District official imposing the suspensionto discuss the conduct and the penalty involved.

4. In-schoolsuspension
The Board recognizes 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 in “in-schoolsuspension,” based on a Code of Conduct violation.

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A student subjected to an in-schoolsuspension 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-schoolsuspension to discuss the conduct and the penalty involved.

5. Teacher disciplinaryremoval 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 classroomto 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 classroomto give the student an opportunityto regain his or her composure and self-control in an alternative setting. Such practices may include, but are not limited to: (1) short-term “timeout” in an elementaryclassroomor in an administrator’s office; (2) sending a student into the hallwaybriefly; (3) sending a student to the main office for the remainder of the class time only; or (4) sending a student to a school counselor or other District staff member for counseling.

On occasion, a student’s behavior may become disruptive. For purposesof this Code of Conduct, a disruptive student is a student who is substantially disruptive of the educationalprocess or substantially interferes with the teacher’s authorityover the classroom. A substantial disruption of the educationalprocess or substantial interference with a teacher’s authorityoccurs when a student demonstrates a persistent unwillingness to comply with the teacher’s instructions, repeatedly violates the teacher’s classroom behavior rules or interferes with the learning process of others.

A classroomteacher may remove a disruptive student from class for one day. The removal from class applies to the class of the removing teacher only.

If the disruptive student does not pose a danger or on-going threat of disruption to the academic process, the teacher must provide the student with an explanation for why he or she is being removed and an opportunity to explain his or her version of the relevant events before the student is removed. Only after the informal discussion may a teacher remove a student from class. 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 whyhe or she was removed from the classroomand 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 disciplinaryremoval 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 removal form. If the principal or designee is not available bythe end of the same school day, the teacher must leave the form with the secretaryand 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 bythe principal must notifythe 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 bypersonaldelivery, express mail delivery, or some other means that is reasonablycalculated 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.

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The teacher who ordered the removal is expected to attend the informal conference, unless specifically directed otherwise by the administrator in charge.
If at the informal meeting the student denies the charges, the principal or the principal’s designee must explain whythe 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 mayoverturn the removalof the student from class if the principal finds anyone of the following:
a. The charges against the student are not supported by substantial evidence.
b. The student’s removal is otherwise in violation of law, including the District’s Code of Conduct.
c. 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 removalat anypoint between receiving the referral form issued bythe 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 classroomteacher will be permitted to return to the classroom until the principal makes a final determination, or the period of removalexpires, whichever is less.

Any disruptive student removed from the classroom by the classroomteacher shall be offered continued educational programming and activities until he or she is permitted to returnto the classroom.

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 principal must keep a log of all removals of students from class.

Removalof a student with a disability, under certain circumstances, mayconstitute 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 chairpersonof the Committee on Special Educationthat the removal will not violate the student’s rights under State or Federal law or regulation.

6. Suspension from school
Suspension from school is a severe penalty, which may be imposed onlyupon students who are insubordinate, disorderly, violent, or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others.

The Board retains its authorityto suspend students, but places primaryresponsibilityfor the suspensionof 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 immediatelyreport and refer a violent student to the principal or the Superintendent for a violation of the Code of Conduct. All recommendationsand referrals shall be made in writing unless the conditions underlyingthe recommendationor referral warrant immediate attention. In such cases, a written report is to be prepared as soon as possible by the staff member recommendingthe suspension.

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

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Short-term(5 days or less) suspension from school
When the Superintendent or principal (referred to as the “suspending authority”) proposesto suspend a student charged with misconduct for five days or less pursuant to Education Law §3214(3),the suspending authority must immediately notifythe 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 descriptionof 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 bythe parents. At the conference, the parents shall be permitted to ask questions of complaining witnesses under such procedures as the principal may established.

The notice and opportunityfor 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 propertyor 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 opportunityfor an informal conference shall take place as soon after the suspension as is reasonablypracticable.

After the conference, the principal shall promptlyadvise the parents in writing of his or her decision. The 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 theycan show extraordinarycircumstances 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’sdecision, they must file a written appeal to the Boardof Educationwith the District Clerk within 10 business days of the date of the Superintendents’decision, unless theycan 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.

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 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 take findings of fact and recommendations as to the appropriate measure of discipline to the Superintendent. The report of the hearing officer shall be advisoryonly, and the Superintendent may accept all or anypart thereof.

An appeal of the decision of the Superintendent may be made to the Board that will make its decision based solelyupon 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

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extraordinarycircumstances 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.

Procedure after suspension
The Board may condition a student’s early return from a suspensionon the student’s voluntary participation in counseling or specialized classes, such as anger management or dispute resolution. The Board retains discretion in offering this opportunity. If and when the student and/or parent/guardianagree to this option, the terms and conditions shall be specified in writing. Students who do not agree to conditions for an early return will serve the full suspension.

C. Minimum Periods of Suspension
1. Students who bring a weapon to school.
Any student, other than a student with a disabilityasapplicableaccordingtotheproceduresforsuspendingstudents withdisabilitiesprovidedbythisCodeandrelevantStateandFederallaw, found guilty of bringing a weapon onto school propertywill be subject to suspension from school for at least one calendar year. Before being suspended, the student will have an opportunityfor a hearing pursuant to Education Law §3214.

The Superintendent has the authorityto modifythe one-year suspension on a case-by-case basis. In deciding whether to modifythe penalty, the Superintendent mayconsider the following:
a. The student’s age.
b. The student’s grade in school.
c. The student’s prior disciplinaryrecord.
d. The Superintendent’sbelief that other forms of discipline may be more effective. e. Input from parents, teachers, and/or others.
e. Input from parents, teachers and/or others. f. Other extenuating circumstances.

2. Students who commit violent acts other than bringing a weapon to school
Any student, other than a student with a disabilityasapplicableaccordingtotheproceduresforsuspendingstudents withdisabilitiesprovidedbythisCodeandrelevantStateandFederallaw, who is 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 parents will be given the same notice and opportunityfor an informal conference given to all students subject to a short-termsuspension. If the proposed penaltyexceeds the minimum five-daysuspension, the student and the student’s parents will be given the same notice and opportunity or a hearing given to all students subject to a long-term suspension. The Superintendent has the authorityto modifythe minimum five-daysuspension on a case-by-case basis. In deciding whether to modifythe penalty, the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

3. Students who are repeatedlysubstantially disruptive of the educationalprocess or repeatedly substantially interferes with the teacher’s authorityover the classroom
Any student, other than a student with a disabilityasapplicableaccordingtotheproceduresforsuspendingstudents withdisabilitiesprovidedbythisCodeandrelevantStateandFederallaw, who repeatedlyis substantiallydisruptive of the educationalprocess or substantially interferes with the teacher’s authorityover the classroom will receive a minimum of one dayof in-schoolsuspension. For purposes of this Code of Conduct, “repeatedly is substantiallydisruptive” means engaging in conduct that results in the student being removed from the classroom byteacher(s) pursuant to Education Law §3214(3-a) and this Code on four or more occasions during a semester. If the penalty is the minimum one-dayin-school suspension, the student and the student’s parent will be given the same notice and opportunityfor an informal conference given to all students subject

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to a short-termsuspension. If the penaltyexceeds a five-daysuspension, the student and the student’s parent will be given the same notice and opportunityfor a hearing given to all students subject to a long-term suspension. The Superintendent has the authorityto modifythe out of school suspension on a case-by-case basis. In deciding whether to modifythe penalty, the Superintendent mayconsider the same factors considered in modifying a one-year suspension for possessing a weapon.

D. Referrals
1. Counseling
The Counseling 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 demonstratesthat he or she requires supervisionand treatment by:
a. Being habituallytruant and not attending school as required by part one of Article 65 of the Education Law.
b. 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.
c. Knowinglyand unlawfullypossesses marijuana in violation of Penal Law §221.05. A single violation of §221.05 will be a sufficient basis for filing a PINS petition.

3. Youth Court
The District with parent/guardianagreement mayrefer a case to Genesee CountyYouth Court, or a locally established Youth Court in combination with or in lieu of consequences in school. Youth Court is a process by which student adjudicators rule on cases, and collectively determine consequences and no court record follows the student. Students may be referred to youth court under the following circumstances:
a. When they have admitted guilt or been found guilty of the offense by school administration;
b. Continued to violate the Codeof Conduct despite the consequences available within the school; c. Committed one of the following offenses: disorderlyconduct, criminal mischief, petit larceny,
truancy, school violations, violation of Penal Laws, non-violent misdemeanors, shoplifting, vandalism, trespassing, underage possessionof alcohol or marijuana, unauthorized use of a motor vehicle, possessionof stolen property, harassment.

4. Juvenile Delinquents and Juvenile Offenders
The Superintendent is required to refer the following students to the County Attorney for a juvenile delinquencyproceeding before the Family Court:
a. Any student under the age of 16 who is found to have brought a weaponto school, or
b. 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 anystudent 14 or 15 years old who qualifies for juvenile offender status to the appropriate law enforcement authorities.

X. Alternative Instruction

When a student of anyage is removed from class by a teacher or a student of compulsoryattendance 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.

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XI. Discipline of Students with Disabilities

The Board recognizes that it may be necessaryto suspend, remove or otherwise discipline students with disabilities to address disruptive or problem behavior. The Board also recognizes that students with disabilities are entitled to certain proceduralprotections in specific circumstances prescribed by State and Federal law when school authorities intend to impose discipline upon them. The Board is committed to ensuring that the proceduresfollowed for suspending, removing or otherwise disciplining students with disabilities are consistent with the proceduralsafeguards required by applicable laws and regulations.

This Code of Conduct affords students with disabilities subject to disciplinaryaction no greater or lesser rights than those expressly afforded by applicable Federal and State law and regulations.

A. Authorized Suspensions or Removals of Students with Disabilities
1. For purposesof this section of the Code of Conduct, the following definitions apply
A “student with a disability” means a student who falls within one of the classifications set forth in the Individuals with Disabilities Education Act (IDEA) and Section 200.1(zz) of the Commissioner of Education regulations, and who, because of such classification, needs special education or related services. This also includes students who qualify as a student with a disability pursuant to Section 504 of the Rehabilitation Act, and who, because of such qualification, need a Section 504 Plan.

A “student presumed to have a disability” means a student who the school district is deemed to have knowledge was a student with a disability before the behavior that precipitated disciplinary action. This includes the District having knowledge that such student had a disability if prior to the time the behavior occurred:
a. The parent of such student expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency or to a teacher of the student that the student is in need of special education, provided that such expression of concern may be oral if the parent does not know how to write or has a disability that prevents a written statement; or
b. The parent of the student requested a Committee on Special Education (CSE) or Section 504 evaluation of the student; or
c. A teacher of the student, or other personnel of the District, has expressed specific concerns about a pattern of behavior demonstrated by the student, directly to the director of special education or to other supervisory personnel of the school district.

A student is not presumed to have a disability when:
a. The parent of the student has not allowed a CSE or Section 504 evaluation of the student; b. The parent of the student has refused CSE or Section 504 services; or
c. It was determined that the student is not a student with a disability as defined by the CSE or Section 504 Team.

Students presumed to have a disability are entitled to the same disciplinary protections as students with disabilities.

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

A “removal” means a removal for disciplinaryreasons from the student’s current educational placement other than a suspension formisconductthatisdeterminedtonotbeamanifestationofthestudent’sdisabilityand change in placement to an interim alternative educational setting (IAES) ordered byan impartial hearing officer because the student poses a risk of harm to himself or herself or others; or a change in placement to an IAES ordered bythe Superintendent for misconduct in which the student was found guilty at a long-term

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suspension hearing, but was determined to be a manifestation of the student’s disability, because the student inflicted serious bodily injury upon another person while at school, on school premises or at a school function; carries or possesses a weapon to school, on school premises or to a school function, or the student knowinglypossesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises or a school function.

An “IAES” means a temporary educational placement for a period of up to forty-five (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 IEP or Section 504 Plan, that will enable the student to meet the goals set out in such IEP or, as appropriate, Section 504 Plan, and include services and modifications to address the behavior which precipitated the IAES placement that are designed to prevent the behavior from recurring.

2. School personnel may order the suspension or removal of a student with a disability from his or her current educationalplacement as follows:
a. The Board, the District (BOCES) Superintendent of Schools, or a building principal may suspend a student with a disability 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, except when such short-term suspension will result in a change in placement at identified below.
b. The Superintendent may suspend a student with a disability up to 10 consecutive school days, inclusive of anyperiod 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 suspensionor removaldoes not exceed the amount of time non-disabled students would be subject to suspensionfor the same behavior. Such suspension cannot be determined to result in a change in placement as identified below. Students with disabilities who are suspended for more than five consecutive schools days pursuant to a finding of guilt at a superintendent’s hearing shall be entitled to a manifestation determination review (“MRD”) at the second phase of that hearing. Should a manifestation be found at that MDR, the student is entitled to return to school immediately, even if the student has not served the full period of suspension.
c. The Superintendent may order additional suspensions of not more than 5 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 as described below.

3. Placement in an Interim Alternative Education Setting (“IAES”):
a. When a student with a disability is found guilty at a long-term suspension hearing and the misconduct is determined to be a manifestation of the student’s disability by the MDR team, the Superintendent may order the placement of a student with a disability in an IAES to be determined by the CSE for the same amount of time that a student without a disability would be subject to discipline, but not more than forty-five (45) days, if the student inflicts serious bodily injury, 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 same of a controlled substance while at school or a school function.
1.	“Serious bodily injury” means bodily injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty.

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2.	“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.”

3.	“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.

4.	“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.

b. Subject to specified conditions required by both federal and state law and regulations, an impartial hearingofficer mayorder the placement of a student with a disabilityin an IAES setting for up to forty-five (45) days at a time, if maintaining the student’s current educational placement poses a risk of harm to the student or others. Placement in an IAESbyan impartial hearingofficer would requiretheDistrict to first initiate an impartial due process hearing. Placement in an IAES for an impartial hearing officer does not require student disciplinary proceedings.

B. Change of Placement Rule
1. A disciplinarychange in placement means a suspension or removal from a student’s current educational placement that is either:
a. for more than 10 consecutive school days; or
b. 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 theycumulate to more than 10 school days in a school year and because of such factors as the nature of the conduct/behavior that resulted in the suspension or removal, the length of each suspensionor removal, the total amount of time the student is removed and the proximityof the suspensions or removals to one another.

2. 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 suspensionor removal(as describedabove,basedonthenatureoftheconduct/behaviorforeachsuspension/removal,thelengthofeach suspension/removal,thetotalamountoftimethestudentisremoved,andtheproximityofthesuspensionsorremovals tooneanother)unlessamanifestationdeterminationreviewisfirstconductedandnomanifestationisfoundaccording totheproceduresbelow.
a. However, the District may impose a suspension or removal, which would otherwise result in
a disciplinarychange in placement, based on a pattern of suspensions or removals if the MDR has determined that the behavior was not a manifestation of the student’s disability. Students whose behavior was determined to be a manifestation of their disability may be placed in an IAES by the superintendent according to the requirements provided above when their behavior involves serious bodily injury, weapons, illegal drugs, or controlled substances. Students may also be placed in an IAES by an impartial hearing officer as a result of an impartial due process hearing according to the procedures provided above when the student’s current educational placement poses a risk of harm to the student or others.

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C. Special Rules Regarding the Suspension or Removal of Students with Disabilities 1. The District’s Committee on Special Education/Section 504 Team shall:
Conduct a functional behavioral assessment and implement a behavior intervention plan when an MDR Team determines that a student’s behavior that resulted in suspension/removal is a manifestation of his/her disability. In the event that the District has already conducted a functional behavioral assessment and implemented a behavior intervention plan, the CSE/Section 504 Team will meet to review the plan and its implementation and modify the plan and its implementation as necessary to address the behavior that resulted in the change in placement.

2. The MDR Team will conduct a review of all relevant information related to the student’s conduct to determine whether the student’s conduct is a manifestation of the disability. Such review must be made immediately, if possible, but in no case later than 10 school days after:
a .	A decision is made by the superintendent to change the placement of a student to an interim alternative educational setting; or
b .	A decision is made by an impartial hearing officer to place a student in an interim alternative educational setting; or
c .	A decision is made by the Board of Education, superintendent, or building principal to impose a suspension that constitutes a disciplinary change in placement.

The team will determine whether the conduct in question was caused byor had a direct substantial relationship to the student’s disabilityor the conduct in question was the direct result of the District’s failure to implement the IEP.

3. The parents of a student who is facing disciplinaryaction, but who has not been determined to be eligible for special education or Section 504 services at the time of the misconduct, shall have the right to invoke applicable proceduralsafeguards set forth in Federal and State law and regulations if, in accordance with Federal and State statutoryand regulatorycriteria, the District is deemed to have had knowledge that their child was a student with a disability before the behavior precipitating disciplinaryaction 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.
a. The Superintendent, building principal or other school official imposing a suspensionor removal shall be responsible for determining whether the student is a student presumed to have a disability.
b. 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, in the following circumstances: 1) it was determined that the student is not a student with a disability as defined by the CSE or Section 504 Team; 2) the parent of the student has not allowed a CSE or Section 504 evaluation of the student; or 3) the parent of the student has refused CSE or Section 504 services.
c. If there is no basis for knowledge that the student is a student with a disabilityprior to taking disciplinarymeasures against the student, the student may be subjected to the same disciplinary measures as anyother 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 disciplinaryremoval, an expedited evaluation shall be conducted and completed in the manner prescribed byapplicable 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.

4. Parents will be notified of disciplinary removal upon the date the decision is made and shall be provided the Procedural Safeguards Notice. The parents of a student with disabilities subject to a suspension of five

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(5) consecutive school days or fewer shall be provided with the same opportunity for an informal conference available to parents of students without disabilities under the Education Law. The removal of a student with disabilities other than a suspension or placement in IAES shall be conducted in accordance with the due process procedures applicable to such removals of students without disabilities, except that school personnel may not impose such removal for more than ten (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. During any period of suspension or removal, including placement in an IAES, students with disabilities shall be provided services to the extent required under IDEA.

D. Expedited Due Process Hearings
1. An expedited due process hearing shall be conducted in the manner specified bythe Commissioner’s regulations incorporated into this Code, if:
a. 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 educationalplacement, or during the pendencyof 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.
b. 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.
i.	During the pendency of an expedited due process hearing or appealregarding the placement of a student in an IAES for behavior involving serious bodily injury, 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 disabilityfor 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. The District shall arrange for the expedited due process hearing according to the following time period, unless the parent and District mutually agree in writing to waive the resolution meeting or agree to use mediation:
a.	A resolution meeting shall occur within seven (7) days of receiving notice of the due process complaint.
b.	The expedited due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within fifteen (15) days of receipt of the due process complaint.
c.	The expedited due process hearing shall occur within twenty (20) school days of the date the complaint requesting the hearing is filed.
d.	The impartial hearing officer shall make a determination within ten (10) school days after the hearing.

No extension to an expedited impartial hearing timeline may be granted.

E. Referral to law enforcement and judicial authorities
In accordance with the provisions of IDEA and its implementing regulations:
1. The District mayreport a crime committed by a child with a disabilityto 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 disciplinaryrecords of a student with disabilities are transmitted for considerationto the appropriate authorities to whom a crime is reported.

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XII. Corporal Punishment

Corporalpunishment is any act of physical force upon a student for the purpose of punishing that student. Corporalpunishment of any student byany 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 anyperson from physical injury. 2. Protect the propertyof 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.

XIII. Student Searches and Interrogations

The Board is committed to ensuring an atmosphere on school propertyand 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 mayquestion a student about an alleged violation of law or the District Codeof Conduct. Students are not entitled to anysort 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 administrators,school nurses, District security officials, and others as designated bythe Superintendent 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.

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, other than the District employees, will be considered reliable informants if they have previouslysupplied information that was accurate and verified, or they make an admission against their own interest, or theyprovide 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 previouslysupplied information that they knew was not accurate.

Before searching a student or the student’s belongings, the authorized school official should question the student to determine whether the student will admit that he or she possess physical evidence that they violated the law or the District Code, or request that the student voluntarily consent to the search. Searches will be limited to the extent necessaryto locate the evidence sought. School officials, whenever possible, will seek the least intrusive means to conduct a search to safeguard the privacy interests of students in their person and property.

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Whenever practicable, searches will be conducted in the privacyof administrative offices and students will be present when their possessions are being searched. The use of a handheld metal detecting wand may be used to search for contraband and other items that pose a threat to school safety and the security of the school. Searches will be conducted in the presence of two adults whenever possible.

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 anytime by school officials, without prior notice to students and without their consent. The personal propertyof student is subject to a reduced expectation of privacyonce it enters the school property.

A. Strip Searches
Under no circumstances will any school personnel conduct a strip search of any other person. For the purposes of this section, requiring the removal of an outer coat or jacket, or shoes and socks, shall not constitute a strip search. In the unlikely event that such a thorough search is warranted, the police should be summoned to the scene.

B. Documentation of Searches
The authorized school official conducting the search shall be responsible for promptlyrecording 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) (to be kept confidential).
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 item(s) were found). 10. Disposition of items found.
11. Time, manner, and results of parental notification, if contraband is found.

The authorized school official 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 personallydelivering dangerous or illegal items to police authorities.

C. 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 authorityto 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 propertyor 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 propertyor at a school function; or 3. Been invited by school officials.

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Before police officials are permitted to question or search any student, the building principal or his or her designee shall first tryto notifythe student’s parent to give the parent the opportunityto 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 conductedexcept in an emergencysituation that could threaten the safetyof students or others. The principal or designee should also be present during any police questioning or search of a student on school propertyor at a school function. Students who are questioned by police officials on school propertyor at a school function will be afforded the same rights they have outside the school. This means:
1. They must be informed of their legal rights. 2. They may remain silent if they so desire.
3. They may request the presence of their attorney.

D. Involvement of School Resource Officers or Other Public or Private Security Personnel Should the District employ, contract with, or otherwise retain law enforcement or public or private security personnel, including school resource officers (“SROs”), such relationship will be defined by a written contract of memorandum of understanding. Investigations involving possible infractions of the District’s Code of Conduct and the imposition of discipline thereunder are the responsibility of the school’s administration. While an SRO or other public or private security personnel may act as a resource to a school administrator during an investigation, the SRO may not directly question students or assign discipline.

As noted above, school officials may conduct searches of students’ property and person as permitted by New York State Law. The SRO or other public or private security personnel should not become involved in administrative searches unless specifically requested by the school to provide security, protection, or for the handling of contraband. Administrative searches must be at the direction and control of the school principal. At no time shall the SRO or other public or private security personnel request that an administrative search be conducted for law enforcement purposes or have school staff act as his/her agent.

E. 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 propertyrelating to allegations of suspected child abuse, and/or neglect, or custody investigations. This includes the District providing data and assistance to local Child Protective Services workers, or members of a multi-disciplinary team accompanying such workers who are responding to allegations of suspected child abuse, and/or neglect, or custody investigations. Such data and assistance include access to records relevant to the investigation, as well as access to any child names as a victim in a report or a sibling of that child, or a child residing in the same home as the victim. Such access includes conducting an interview of such child without a court order or the consent of the parent, guardian, or other person legally responsible for the child when the Child Protective Services encounter circumstances that warrant interviewing the child apart from family or other members of the home or household where child abuse or maltreatment allegedly occurred.

All requests byChild Protective Services to interview a student on school propertyshall be made directly to building principal or his or her designee. Child Protective Service workers and any associated multi-disciplinary team members must comply with the District’s procedures for visitors, provide identification and identify the child(ren) to be interviewed. 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.
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If the nature of the allegations is such that it may be necessary for the student to remove anyof his or her clothing in order for the child protective services workerto verifythe allegations, the school nurse or other District medical personnel must be present during that portion of the interview.

A Child Protective Services worker may not remove a student from school propertywithout a court order, unless the worker reasonablybelieves that the student would be subject to danger of abuse if not he or she were not removed from school before a court order can reasonablybe obtained. If the worker believes the student would be subject to danger of abuse, the worker mayremove the student without a court order and without the parent’s consent.

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 to the office of the principal or the District Office upon arrival at the school. There theywill be required to sign the visitor’s register and will be issued a visitor’s identification badge, which must be worn at all times while in the school or on school grounds. The visitor must return the identification badge to the principal’s office before leaving the building.
3. Visitors attending school functions that are opento 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 classroomwhile school is in session are required to request 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 unless authorized bythe building principal.
6. Any unauthorized person on school propertywill 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 bythe rules for public conduct on school propertycontained in this Code of Conduct and the District’s Extra Curricular Activities Student Code.

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 necessaryto 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 propertyor attending a school function including students, teachers, and District personnel. Additional guidelines specific to extracurricular activities are outlined in the District’s Extra Curricular Activities Student Code.

The restrictions on public conduct on school propertyand at school functions contained in this Code are not intended to limit freedomof speech or peaceful assembly. The District recognizes that free inquiryand free expressionare 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.

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All persons on school propertyor attending a school function shall conduct themselves in a respectful and orderly manner. In addition, all persons on school propertyor attending a school function are expectedto be properly attired for the purpose theyare 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. Intentionallydamage or destroyschool District propertyor the personal propertyof a teacher, administrator,other District employee, or anyperson lawfully on school property, including graffiti or arson.
3. Disrupt the orderlyconduct of classes, school programs, or other school activities.
4. Distribute or wear materials on school grounds or at school functions that are obscene, advocate illegal action, are libelous, obstruct the rights of others, or are disruptive to the school program.
5. Intimidate, harass, or discriminate against anypersonon the basis of race, color, creed, weight, national origin, ethnic group, religion, religious practice, age, gender (including gender identity or expression), sexual orientation, sex or disability.
6. Enter anyportion of the school premises without authorization or remain in any building or facility after it is normallyclosed.
7. Obstruct the free movement of any person in any place to which this Code applies. 8. Violate the traffic laws, parking regulations, or other restrictions on vehicles.
9. Possess, consume, sell, distribute, or exchange alcoholic beverages, controlled substances, or be under the influence of either on school propertyor at a school function.
10. Possess or use weapons in or on school propertyor at a school function, except in the case of law enforcement officers or except as specifically authorized by the school District.
11. Loiter on or about school property.
12. Gamble on school propertyor at school functions.
13. Refuse to complywith any reasonable order of identifiable school District officials performing their duties.
14. Willfully incite others to commit anyof the acts prohibited by this Code.
15. Violate any Federal or State statute, local ordinance, or Board policy while on school propertyor while at a school function.
16. Smoke and/or possess a lighted or unlighted cigarette, cigar, pipe, electronic cigarette (“e-cigarette” or “e-cig”) or similar devices including but not limited to e-hookahs, hookah pens and vape pens; or use chewing or smokeless tobacco, including dip, chew, and/or snuff in any form, or use of any other tobacco products. Commit acts which threaten the safety and welfare of persons on school property.

B. 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 withdrawnand they shall be directed to leave the premises. If theyrefuse to leave, they shall be subject to ejection.
2. Students shall be subject to disciplinaryaction as the facts may warrant, in accordance with the due process requirements.
3. Tenured faculty members shall be subject to disciplinaryaction 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 disciplinaryaction as the facts may warrant in accordance with Civil Service Law §75 or anyother legal rights that they may have.

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5. Staff members other than those described in subdivisions 4 and 5 shall be subject to warning, reprimand, suspension, or dismissal as the facts may warrant in accordance with any legal rights they may have.

C. Enforcement
The building principal or his or her designee shall be responsible for enforcing the conduct required by this Code.

When the building principal 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 injuryto persons or property, the principal or his or her designee shall tell the individualthat the conduct is prohibited and attempt to persuade the individualto stop. The principal or his or her designee shall also warn the individualof 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 injuryto persons or property, the principal or his or her designee shall have the individual removed immediately from school propertyor the school function. If necessary, local law enforcement authorities will be contactedto assist in removing the person.

The District shall initiate disciplinaryaction 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 anyperson violating the Code.

XVI. Dissemination and Review

A. Disseminationof 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 summaryof the Code to all students, in an age-appropriate version, written in plain language, at a general assemblyheld 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 plain language summaryof the Code of Conduct written in plain language to all parents of District students before the beginning of the school year and making this summaryavailable later upon request.
4. Providing all current teachers and other staff members with a copyof the Code and a copyof any amendments to the Code as soon as practicable after adoption.
5. Providing all new employees with a copyof the current Code of Conduct when theyare first hired. 6. Making complete copies of the Code available for review by students, parents, and other community
members.
7. Providing training to students and staff about the Dignity for All Students Act, the prohibition against discrimination and harassment, intimidation or bullying, and the availability of each school’s Dignity Act Coordinator.

The Board will sponsor an in-service education program for all District staff members to ensure the effective implementation of the Code of Conduct, including, but not limited to, promoting a safe and supportive school climate while discouraging, among other things, discrimination, bullying and/or harassment against students by students and/or school employees; and including safe and supportive school climate concepts in the curriculum and classroom management. The Superintendent may solicit the recommendationsof the District staff, particularlyteachers and administrators, regarding in service programs pertaining to the management and discipline of students.

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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 fairlyand consistently.

The Board may appoint an advisorycommittee 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 safetypersonnel, 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 anyother 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.

Note: Byron-Bergen Central School District’s Code of Conduct is subject to change.

Dignity for All Act Coordinator

Kathryn Grattan
Jr./Sr. High School Assistant Principal 6917 West Bergen Road
Bergen, NY 14416

Email: kgrattan@bbschools.org Telephone: (585) 494-1220, Ext. 3112

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