Student Code of Conduct: Roles in Discipline

ROLE OF THE POLICE IN THE WARWICK VALLEY CENTRAL SCHOOL DISTRICT

The Police Should be Called When…

1. their assistance is needed in any life or property threatening situation;
2. there is a possibility that a crime has been committed; or
3. required to do so according to the disciplinary strategies and procedures.

Guidelines When Police Are Called

1. The administration should turn over any pertinent/related/relevant data in its possession to the police. In the event that the data to be turned over would constitute student records or student record information, such information should only be turned over to the police with written parental consent, or in the event there is a health or safety emergency, unless there is a subpoena or court order. This information will include relevant facts, as well as the names of individuals actually or possibly involved including student-witnesses.
2. Unless there is a warrant or court order, the police will be asked to interview student-suspects or student-witnesses after school according to normal police procedures and not on school grounds without parental permission.
3. The school should take no position as to whether or not prosecution should go forward in a particular case.
4. The school should not impede a police investigation.
5. The school shall not put itself in the position of advising students of their rights or possible consequences under the law.

Administrative Sanctions

1. Administrative punishments will be imposed swiftly based on the weight of the evidence available to the school administration without having to wait for the outcome of a pending criminal case dealing with the same facts and circumstances.
2. School officials may determine in-school sanctions based on “proof by a preponderance of the credible evidence” and not the stricter standard of “beyond a reasonable doubt.”
3. School sanctions will conform to the student discipline strategies and procedures.

Parent Notification
Whenever the names of students (whether as witnesses to a crime or as alleged suspects) are given to the police (or any law enforcement agency), the administration shall notify the parent or guardian of this fact.

THE ROLE OF HOMEWORK IN OUR CLASS MANAGEMENT AND POLICIES
Teachers who employ a coherent, clearly established series of sound classroom management techniques have fewer discipline problems with students and are able to usually resolve those that occur in a fair, humane, and expeditious fashion. Homework, when properly used and integrated into the daily routine, can be considered one of these techniques and, hence, plays a role in our discipline structure.

We know that when students fall behind in classwork, they can become easily discouraged.  This negative feeling can fester and manifest itself in unacceptable student behavior.  Teachers, aware of this possibility, use an orderly flow of daily and long-range assignments to help students keep up with classwork, weave the completion of homework into their classroom management program, and consciously prepare students — teach students — to accept the responsibility for all of their classwork.  Further, this system can be easily modified to help those who need extra support.

Additionally, teachers who are well prepared for their classes are able to plan these appropriate out-of-class assignments which enhance their students’ understanding of the lesson, unit and course.  This timely work serves to reinforce the students’ recent learnings, build upon current material, and prepare the students for the next day’s classwork.  When students are well prepared, they are better able to participate in all of the class’ activities.  Following this pattern, students who are fully engaged in the process of education are too busy to be discipline problems in class or out of class.  These students value their time in school and use strategies of cooperation, not those of divisiveness.  Homework, while not the only factor in this cycle, is unquestionably one of its major components.

DIFFERENTIATED EDUCATIONAL PROGRAMS
Students “learn” in many different ways and in a variety of settings.  In addition, students who are placed in a setting where they are highly motivated and challenged, develop a caring, responsible attitude towards school and experience success will have fewer disciplinary problems.  In recognition of these factors, the Warwick Valley School District offers students many alternate educational opportunities.

Some of these are listed below:

• Tutorial programs during and after school
• Computer “labs”
• Alternative Class Programs
• Transitional classrooms (elementary grades)
• “Me-Me” Program
• Flexible scheduling and/or programming at all levels
• Honors and advanced placement classes
• Talented and Gifted (TAG) programs
• Special Art and Music opportunities
• Wide-ranging extracurricular and co-curricular opportunities
• BOCES vocational education opportunities
• BOCES training for the high school equivalency diploma
• Work-study programs through BOCES
• BOCES Alternative PM Program
• Career placement tests and counseling
• ASVAB placement tests for the Armed Services
• Special counseling and psychological services
• Special Education programs
• Special individual and small group assistance programs assigned by the Committee on Special Education
• Mediation programs for conflict/dispute resolution
• National Honor Society
• Home instruction by certified teachers
• Summer school availability in neighboring facilities

Students may gain access to these programs either through the Guidance Department, the school administration, or directly with the personnel involved.

PROFESSIONAL STAFF DEVELOPMENT OPPORTUNITIES
The Warwick Valley Central School District is committed both philosophically and by contract to make a wide range of in-service and staff development opportunities available to all District employees. In addition to programs specifically designed to increase an individual’s effective application of the District’s discipline policies, the Principal or other appropriate administrator in each school shall also review and/or highlight school conduct and discipline procedures at appropriate times during each school year (for example, at faculty meetings, at department chairperson meetings, at department staff meetings, at new staff meetings, and by memo).

Further, the Superintendent and the Warwick Valley Teachers’ Association can also address the topic of discipline, when appropriate, at their meetings.

THE ROLES OF THE BOARD OF EDUCATION AND THE SUPERINTENDENT IN OUR DISCIPLINE POLICY
It is the role of the Warwick Valley Central School District Board of Education to formulate policies to promote the educational objectives of the District, foremost among which is encouraging a climate of mutual respect and governance by self-discipline. Likewise, it is the Board’s responsibility to direct its agents to promulgate regulations to implement our policies, to review both policies and regulations periodically, and to revise them when necessary.

The Superintendent, acting as the Board’s agent, supervises the formulation of the document; works with his/her administrators to insure that their respective philosophies of discipline mesh with the Board’s position; fosters a “team approach” concerning discipline which involves, in a positive manner, the student, teacher, parent/family, administrator and himself/herself; and establishes a timely review of the policy with his/her staff.  Additionally, because the Superintendent advises the Board, he/she, too must understand the evolution of the policy as he/she helps the Board in its review and adoption procedures.  Finally, the Superintendent can be most persuasive in helping our students and their families to understand the role that discipline plays in our educational system and in our lives.

SUSPENSIONS

1. Introduction
   The rights afforded to students in our District to attend the public schools are substantial as expressed in the New York State Constitution, Education Law, Policies of the Board of Education, and as set forth in the listing of our Students’ Rights & Responsibilities.  Furthermore, the School District believes that the school setting is the appropriate and desirable one for young people of school age. However, a student’s rights are subject to limitation, suspension and, in certain instances, permanent suspension from attendance in our schools when his/her conduct or condition is found to be violative of the provisions of these codes.  As section 3214(3a) of the Education Law provides, the Board, the Superintendent, a Principal or, in his/her absence, an acting Principal, may suspend a student from attendance and/or instruction where it is determined that the student:
   1. is insubordinate or disorderly, violent or disruptive, or exhibits conduct which endangers the safety, morals, health or welfare of others; or
   2. exhibits a physical, mental or emotional condition(s) which endangers the health, safety or morals of himself/herself or of other students.

      In other words, when a student’s misbehavior is deemed “serious,” the Principal has the responsibility and the authority to suspend the student from school for a period of one but not more than five school days.  The purposes of suspensions are to punish the student by removing him/her from the educational process and the school/social environment, emphatically and immediately catch the attention of both the student and his/her family to indicate that certain behavior(s) will not be tolerated in our school, set the stage for a disciplinary reinstatement conference which must include the student, the parent or guardian, and a school administrator (usually the Principal or Associate Principal), to modify and redirect certain future behaviors toward more socially acceptable norms, and to clearly send a message to the rest of the student body, other parents, and the community that we will not tolerate inappropriate conduct in our school.

      Examples of why students might be suspended are (but are not limited to): using foul language in school, fighting, sexual abuse of students or staff, participating in the use or sale of illegal drugs, bringing alcoholic beverages onto school property, and carrying, displaying or using any type of weapon.

2. Pre-Suspension Process

   Prior to being suspended from school on an immediate basis or when a proposed suspension is being considered, the student shall be confronted by a school official empowered to suspend (Building Principal, Acting Building Principal, Superintendent of Schools, District Superintendent, Board of Education), at which time the evidence upon which the decision to suspend is based shall be stated to the student, and the student shall be given the opportunity to explain his/her version of the facts. The student shall also be afforded the right to present other persons to the suspending authority in support of his/her version of the facts.  If the student’s presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, s/he may be immediately suspended.  If the student cannot be confronted at the time of the initial suspension due to safety concerns or mental or physical condition considerations, such confrontation shall occur following suspension, as soon thereafter as is reasonably practicable.

3. Types of Building Level Penalties

   In an effort to respond properly to a wide range of serious behavioral problems, we employ lunch detention, after school detention, in-school detention, and out-of-school suspension.  When a student poses a serious physical threat to himself/herself or others, when even his/her presence in the building may trigger an unwanted response from himself/herself or others, or when in-school detention is no longer appropriate for an individual, we then opt for an out-of-school suspension which effectively removes the student from the school grounds and after-school activities.  Although we cannot control how effectively the student uses his/her time during in-school detention, we view the complete student-school separation as being the most serious.

   Detention
   Teachers, principals and the superintendent may use recess or after school detention as a penalty for student misconduct in situations where removal from the classroom or suspension would be inappropriate. After school detention will be imposed as a penalty only after the student’s parent has been notified to confirm that there is no parental objection to the penalty and the student has appropriate transportation home following detention.

   In-School Detention
   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 who would otherwise be suspended from school as the result of a code of conduct violation in “in-school detention.”

   A student subjected to an in-school detention is not entitled to a full hearing pursuant to Education Law §3214; however, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the district official imposing the In School Detention to discuss the conduct, present his/her side of events and confront complaining witnesses, and the penalty involved prior to assigning the student to in-school-suspension.

   Suspension from Transportation Service
   If a student does not conduct himself/herself properly on a bus, the bus driver is expected to bring such misconduct to the attention of the Building Principal. The Building Principal will confront the Student about the alleged misconduct prior to effectuating a transportation suspension.  Students who become serious disciplinary problems may have their riding privileges suspended by the Building Principal or the superintendent.  In such cases, the student’s parent will become responsible for seeing that the child gets to and from school safely. Should the suspension from transportation be a long term suspension that amounts to a suspension from attendance; the school district will afford the student with a due process hearing in accordance with Education Law Section 3214.

   Suspension from Extra-Curricular and Co-Curricular Activities, and School Functions
   A student may be suspended from participating in extra-curricular or co-curricular activities (including a sports team) for an infraction of any of the provisions herein, for violating a Code of Conduct issued to participants in the activity by the activity supervisor, coach or athletic director.  Said suspending authority shall confront the student prior to suspension, offer the student notice of the reason for his/her suspension and provide an opportunity to present his or her version of the events.  Written notice of the student’s suspension from an extra-curricular, co-curricular activity or school function shall be sent by the suspending authority to the student and his/her parents by hand delivery or express mail to ensure receipt within 24 hours.  Said notice shall inform the parent and student of their right to an informal conference with the suspending authority at which they will have the opportunity to confront complaining witnesses and present evidence in the student’s defense.  Following said meeting, a final decision will be reached regarding the suspension.  Appeal of the suspension may be made to the student’s Building Principal within 14 days.  Upon the request of the student’s parent, the Building Principal shall allow the parent/guardian or other representative of the student the right to appear before him/her informally to discuss the conduct which led to suspension from the activity.

   If a student is suspended from school pursuant to §3214 of the Education Law, s/he shall not be permitted to participate in any extra-curricular or co-curricular activities, as well as any other school events or activities which take place on the days of suspension (including intervening weekends).

4. The Reinstatement Conference
   In all cases, the school desires that each suspension have a reinstatement conference involving the Principal or Associate Principal, the parent, and the student. Typically, the incident(s) causing the suspension is (are) reviewed in detail, background data is shared including up-to-date teacher assessments, and a student-devised plan for immediate and long-term behavior improvement is created. The reinstatement conference is to be arranged by the parent. Whenever possible, the conference is made at the parent’s convenience.

5. Suspension Cases Involving Disabled Students
   Except as authorized by law, students with disabilities shall not be subject to disciplinary action where it is determined that the conduct or condition underlying the alleged infraction of the disciplinary code is a manifestation of the student’s disability. A determination will be made by the CSE as to whether or not the alleged infraction may be caused by or related to the student’s disability in accordance with law. In the event that it is determined that the alleged infraction is a manifestation of a disability, then the CSE shall review the student’s IEP and make appropriate recommendations regarding the performance of a Functional Behavior Assessment (FBA) and/or updates to a Student’s Behavior Intervention Plan (BIP)In the event that it is determined that the alleged infraction is not related to a disability, then the student will be subject to the appropriate penalties as established in the Discipline Code including suspension.

   When appropriate (and always after suspension), the District’s Committee on Special Education shall be apprised of the infraction(s) and resulting discipline.  In the event that the district’s Committee on Special Education determines that an incorrect assessment of the case was made or that the student was inappropriately disciplined, then the matter shall be reconsidered and the record appropriately modified.

6. The Suspension Process
   The Student Suspension Process as it relates to pre-suspension, short-term suspension, long-term suspension, hearing procedures and the appeals process is in Policy 7313. A student with a disability may be suspended for conduct that is a manifestation of their disability when the conduct involves weapons, drugs or serious bodily injury, as defined by 8 NYCRR 201.7.  The District has the ability to suspend up to 45 school days.

7. Red Flag Law
   Where a Building Principal believes that a student is likely to engage in conduct that may result in serious harm to themselves or others, after consultation with the Superintendent and legal counsel, such Building Principal may seek a Temporary and/or Final Extreme Risk Protection Order to prohibit a student’s access to firearms.

August 19, 2024