Student Code of Conduct

The following outline provides a summary of the elements of a Code of Conduct included in the Spackenkill Union Free School District’s Code of Conduct Policy [copies are available from the District Office]. Each item [1-16] is addressed within the policy and fulfills the requirements of the S.A.V.E. Act requirements:

1. Appropriate and acceptable [and unacceptable and inappropriate] conduct, dress and language; acceptable, civil and respectful treatment of staff, students and visitors; appropriate range of penalties for Code violations; and roles of teachers, administrators, other school personnel, Board of Education and parents ["stakeholders"].
2. Standards and procedures to assure security and safety.
3. Procedures for removal of students and others from school property and school functions for Code violations.
4. Provisions regarding disruptive students' removal from and return to the classroom.
5. Disciplinary measures in incidents involving possession and use of illegal substances or weapons; use of physical force; vandalism; violation of another student's civil rights; and threats of violence.
6. Procedures for detention; suspension; and removal from classroom, including continued educational programming.
7. Procedures for determining and reporting violations; imposing discipline measures; and carrying out existing discipline measures.
8. Ensuring Code is in compliance with State and Federal laws on students with disabilities.
9. Procedures for notification of law enforcement of code violations constituting a crime.
10. Procedures for notification of persons in parental relation of Code violations.
11. Procedures setting forth how criminal complaints, juvenile delinquency petitions and Pupil in Need of Supervision [PINS] petitions will be filed.
12. Procedures for referral to appropriate human service agencies.
13. Minimum suspension period for "repeatedly substantially disruptive" students.
14. Minimum suspension period for acts where pupil is "violent".
15. Bill of Student Rights/Responsibilities.
16. In-service Training.

PHILOSOPHY

The Spackenkill Union Free School District Board of Education believes that order and discipline are essential to an effective educational program, and that everyone in the school community must play a role in contributing to an orderly environment. Further, this orderly environment requires a code of discipline that clearly defines individual rights, and responsibilities, categories of unacceptable behavior, and provides for appropriate disciplinary options and responses. The very spirit of this policy insists that the educational welfare of an individual student and of the larger school community shall be determinate.

Finally, the Spackenkill Union Free School District encourages the administration of such a policy in a way that is fair, firm, reasonable and consistent with proper due process procedures, and in compliance with provisions of Federal, State and local law, as well as with the guidelines, rules and regulations of the New York State Commissioner of Education and the New York State Board of Regents.

I. BILL OF RIGHTS AND RESPONSIBILITIES OF STUDENTS 

It is the student's right to:	It is the student's responsibility to:
Attend school in the district in which he/she is a legal resident.	Attend school daily, except when ill or absent for legitimate reasons, and be on time to all classes.
Be taught by competent and qualified teachers in a proper educational setting with appropriate materials.	Take full advantage of all instructional activities, and to work to the best of his/her ability to gain an education.
Dress and express him/herself in such a way as guaranteed by the Constitution of the United States and the State of New York.	Dress and express him/herself in such a way so as not to endanger or interfere with the physical health or safety of him/herself or others, or convey an obscene, lewd, vulgar, indecent or plainly offensive message likely to cause a material and substantial disruption of school activities, or be a distracting influence to others, and so as not to infringe upon the rights of other students to gain an orderly education.
Expect the school to be an orderly place without unreasonable distractions for all students.	Be aware of and obey all rules and regulations regulating student behavior, and conduct him/herself in accordance with these guidelines.
Be afforded appropriate due process with regard to the student's rights and in the event disciplinary actions are brought against him/her.	Be aware of and obey all rules and regulations regulating student behavior, and conduct him/herself in accordance with these guidelines.
Be afforded equal opportunity to participate in extra-curricular activities, such as interscholastic athletics, field trips and school clubs.	Maintain academic and behavioral standings to qualify for participation in extra-curricular activities.
Have his/her student records available for inspection by his/her parents or legal guardian upon request, or by him/herself, if 18 years of age or older.	Be aware of right to access and guidelines governing such access.
Be free from unreasonable intrusion upon his/her person or property by school personnel.	Be aware of actions that constitute serious and dangerous wrongdoing for which school personnel may intrude upon his/her person or property.
Be respected as an individual and free from discriminating practices, and therefore entitled to his/her civil rights.	Demonstrate respect and appreciation for the dignity and integrity of all, treat staff, students and visitors civilly and with respect, and refrain from any practice discriminating against students, faculty and other school district employees.

II. CODE OF STUDENT CONDUCT AND DISCIPLINE

Introduction

The Spackenkill Union Free School District Board of Education recognizes that students do not surrender their civil rights or in fact any right of citizenship or residence as they enter and pursue an education in our schools. The District further recognizes that students are not entitled to any special rights not enjoyed by all citizens or residents of a comparable age. Therefore, it is understood that necessary rules and regulations must be established to assure the educational welfare of all students. It is the responsibility of all students to know and abide by all rules and regulations concerning student conduct. It is the responsibility of administrators and teachers to try to make sure that students meet and follow these rules and regulations and recognize these responsibilities as reasonable and fair and work toward embracing them.

Students may be held accountable and disciplined for their conduct engaged in when on school property, or at school functions, and when not on school property, where the conduct bears a nexus to the safety, morals, health or welfare of individuals in the school community, during the course of transportation or at or near bus stops. Students who are violent or disruptive [as those terms are defined in the New York Education Law and/or Rules and Regulations of the Commissioner of Education], or who engage in conduct which is disorderly, insubordinate, endangers the safety, morals, health or welfare of the student or others, or endangers property as indicated by, but not limited to, the examples below, may be subject to detention, removal from the classroom, or suspension from attendance upon instruction, transportation, participation in interscholastic athletic programs or school functions, as set forth below:

1. Causing public inconvenience, annoyance or alarm, or recklessly creating a risk thereof.
2. Committing an act of violence upon a teacher, administrator or other school employee.
3. Committing, while on school district property, an act of violence upon another student or any other person lawfully upon school property.
4. Possesses, while on school district property, a gun, knife, explosive or incendiary device or other dangerous instrument capable of causing physical injury or death.
5. Displays, while on school district property, what appears to be a gun, knife, explosive or incendiary device or other dangerous instrument capable of causing physical injury or death.
6. Threatens, while on school district property, what appears to be a gun, knife, explosive or incendiary device or other dangerous instrument capable of causing physical injury or death.
7. Attempts, while on school district property, to use any instrument that appears capable of causing physical injury or death.
8. Knowingly and intentionally damages or destroys the personal property of a teacher, administrator, other school district employee, student or any person lawfully upon school district property.
9. Knowingly and intentionally damages or destroys school district property.
10. Substantially disrupting the educational process or substantially interfering with the teacher's authority over the classroom.
11. Making unreasonable noise.
12. Using abusive or obscene, lewd, vulgar or plainly offensive language or gestures.
13. Disturbing any lawful assembly or meeting on school jproperty.
14. Obstructing vehicles or pedestrian traffic.
15. Unauthorized and/or reckless driving on campus.
16. Wearing attire that endangers or interferes with the physical health or safety of any person lawfully on school property, or conveys an obscene, lewd, vulgar, indecent or plainly offensive message likely to cause a material and substantial disruption of school activities.
17. Failing to comply with the reasonable direction of a teacher, administrator or other school employee.
18. Willful disobedience.
19. Disruptive conduct on school property, other than in the classroom, or at school functions.
20. Selling, or attempting to sell, using or possessing, or coming onto school property, or coming to any school function, while under the influence of alcohol, drugs, or other controlled substances.
21. Selling, or attempting to sell, using, or possessing drug paraphernalia.
22. Selling, using or possessing obscene, lewd, vulgar or plainly offensive materials.
23. Gambling.
24. Violating the civil rights of other students.
25. Stealing.
26. Extortion.
27. Forgery.
28. Hazing.
29. Engaging in lewd behavior.
30. Vandalism.
31. Unauthorized entry on school property, including but not limited to school grounds, buildings, classrooms and vehicles, during or after school hours.
32. Arson, or attempted arson.
33. Lateness for, missing or leaving school or class without permissionor excuse.
34. Cheating, or permitting others to cheat, on tests or other assignments.
35. Intended plagiarism.
36. Conduct violations of any other Board policies, rules or regulations.
37. Conduct for which criminal sanctions and penalties may be imposedunder state, federal or local laws.

Range of penalties which may be imposed alone or in conjunction:

1. verbal warnings
2. written warnings
3. written notification to parents or legal guardian
4. counseling
5. reprimand
6. probation
7. detention
8. time out
9. special assignments
10. suspension from transportation
11. suspension from athletic participation
12. suspension from social and extra-curricular activities
13. suspension of other privileges
14. removal from the classroom
15. in-school suspension
16. out-of-school suspension - up to five [5] days
17. out-of-school suspension - exceeding five [5] days after a Superintendent's Hearing.

Note: Depending upon the nature of the violation and the student's prior record, student discipline shall be progressive from lighter to more severe punishment. This does not mean that students with different discipline histories or students involved in different violations cannot receive the same penalty. With regard to students with a disability, no penalty may result in a change of placement. Repeatedly disruptive students and violent students will be subject to an out-of-school suspension no less than three [3] days, subject to modification on a case-by-case basis based on the particular circumstances present.

Initiation of a Student Disciplinary Proceeding

Any teacher, administrator, student or school district personnel may report a violation of the disciplinary code to the building principal. The principal shall investigate the charges as he/she deems appropriate and institute an informal or formal hearing. A referral to the Committee on Special Education may be made as he/she deems necessary.

The building principal, or acting principal in the event the building principal is absent from school, and Superintendent of Schools are lawfully charged with the authority to suspend students for a period not to exceed five school days in accordance with Section 3214 of the Education Law. For students who are suspended for up to five school days, the person[s] in parental relationship to the student shall be notified in accordance with Part 100.2 of the Regulations of the Commissioner of Education and Section 3214 of the Education Law.

Suspension in excess of five [5] days as above shall require a Superintendent's Hearing in accordance with due process procedures prescribed by Education Law.

Not withstanding to the above any teachers or administrators may order detention for up to two [2] days for behavioral purposes without referring such cases to the building principal or designee providing that the teachers or administrators give the student notice of the reason for the detention and an opportunity to discuss the facts behind it to justify the detention.

Teacher Removal of Students

Teachers will have the authority to remove disruptive students [as defined below] in accordance with the process described.

Definitions:

1. Disruptive Pupil - One who is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom.
2. Removal - means that students are precluded from returning to the class from which they were removed.

Process for Removal:

1. If student does present a danger or an ongoing threat of disruption to the academic process, removal can be immediate, but teacher must provide removed student an opportunity to present his/her version of the events within 24 hours of removal.
2. If student does not present a danger or an ongoing threat of disruption to the academic process then, before removal, teacher must provide student with explanation as to why being removed, and an opportunity to present his/her version of the events.
3. Notification within 24 hours of removal - parents must be notified by principal of removal and reasons for removal.
4. Informal conference - If pupil denies charge, opportunity for informal hearing must take place with parents, teacher, and principal within 48 hours of removal.
5. Principal's determination - Principal must make determination by close of business on the day following the informal conference to either uphold or reverse determination [determination can only be reversed if finding lacks substantial evidence, inconsistent with code of conduct, a violation of law, or if conduct warrants suspension]. The principal may designate a school district administrator [e.g., an assistant principal] to carry out the principal's functions in this regard. No pupil removed by a teacher may return until: [a] the principal [or designee] makes a final determination, or [b] the period of removal expires, whichever is less.

In the event of teacher removal of disruptive student in accordance with this Code of Conduct, continued educational programming will be provided during period of removal as soon as practicable. The type of continued educational programming will vary depending upon the student's individual needs, but may consist of, for example, study hall; in-school suspension; or other instruction as determined by the principal.

Discipline of Students with, or Suspected of Having, a Disability

Discipline of students classified as having, or suspected of having, a disability will occur in accordance with the IDEA and/or Section 504 of the Rehabilitation Act of 1973, as applicable.  A description of the due process rights and procedures affecting students with, or suspected of having, a disability, when subject to discipline is set forth in Appendix "A".

Referrals to Outside Agencies

Where a student, who is at least fourteen years of age, is suspended for possession on school property of a gun, knife, explosive or incendiary device or other dangerous instrument capable of causing physical injury or death, the Superintendent of Schools shall refer such student to the appropriate, local law enforcement officials.

A student, who is less than fourteen years of age, who is suspended for possession on school property of a gun, knife, explosive or incendiary device or other dangerous instrument capable of causing physical injury or death, shall be referred by the Superintendent of Schools to the Dutchess County Attorney's Office for filing of a juvenile delinquency proceeding consistent with the provisions of Article 3 of the Family Court Act.

A student, who is suspended for knowingly possessing an illegal drug on school property, or does not attend school in accordance with the provisions of part one of article sixty-five of the education law, or is otherwise incorrigible, ungovernable, or habitually disobedient and beyond the lawful control of school officials, may be subject to the filing of a person in need of supervision proceeding consistent with the provisions of Article 7 of the Family Court Act. A student with a disability may, in appropriate circumstances, be subject to the filing of a person in need of supervision proceeding consistent with the provisions of Article 7 of the Family Court Act, provided that the purpose for filing such a proceeding is not to seek a change in placement of the student, unless the District's Committee on Special Education has recommended that a person in need of supervision proceeding be instituted.

See also Section III [5] [e] infra regarding when district officials will notify local law enforcement officials.

Roles of Stakeholders Implementing Appropriate Conduct on School Property

1. Teachers - Teachers should familiarize themselves with the requirements of this Code, including their rights and responsibilities in removal of disruptive students; referrals of "violent" students as defined in the Code; as well as reporting dangerous situations.
2. Administrators - Administrators should review and familiarize themselves with their obligations under this Code, including their role in removal of disruptive students; procedures for dealing with "violent" students; as well as their role in enforcing the Code in a manner which will protect the safety and well being of the various populations of the school while respecting individual rights:
   1. requirements of the Code and for reporting dangerous student;
   2. conduct in accordance with law, and to review, at least annually, the Code's effectiveness and the fairness and consistency of its implementation.
3. Parents - Parents should recognize that education is a joint responsibility of parents and the school community and should familiarize themselves with the Code.
4. Students
   1. It shall be the right of each student in the district to:
      1. have a safe, healthy, orderly and courteous school environment;
      2. take part in all district activities on an equal basis regardless of race, sex, national origin or disability;
      3. take part in student government activities unless properly suspended from participation pursuant to the district's discipline policy;
      4. address the Board on the same terms as any citizen of the district; and
      5. attend school and participate in school programs unless suspended from instruction and participation for legally sufficient cause as determined in accordance with due process of law.
   2. It shall be the responsibility of each student in the school district to:
      1. be familiar with, and abide by, all district policies, rules and regulations pertaining to student conduct;
      2. work to the best of his/her ability in all academic and extracurricular pursuits and strive toward the highest level of achievement possible;
      3. conduct him/herself, when participating in or attending school-sponsored extracurricular events, as a representative of the school district, and as such, hold him/herself to the highest standards of conduct, demeanor and sportsmanship;
      4. be in regular attendance at school and in class;
      5. contribute to the maintenance of an environment that is conducive to learning and to show due respect to other persons and property;
      6. make constructive contributions to the school and to report fairly the circumstances of school-related issues; and
      7. familiarize themselves with the Code.

III. MAINTENANCE OF PUBLIC ORDER

1. Application of Rules
   These rules and procedures hereby adopted by the Board of Education shall govern the conduct of students, teachers and other school personnel, licensees, invitees, and other authorized visitors, while on school property, or at school functions. These rules are not intended to repeal, supersede, amend or preclude any other rules and procedures relating to the same subject matter adopted by the Board of Education.
2. Prohibited Conduct
   No person, either singly or in concert with others, shall:
   1. Willfully cause physical injury to any other person, nor threaten to do so for the purpose of compelling or inducing such other person to refrain from any act which he/she has a lawful right to do or to do any act which he/she has a lawful right not to do.
   2. Physically restrain or detain any other person, nor remove such person from any place where he/she is authorized to remain.
   3. Willfully damage or destroy property of the School District or property under its jurisdiction, nor remove or use such property without authorization.
   4. Without permission, expressed or implied, enter into any private office of an administrative officer, member of the faculty, staff member, or member of the Board of Education.
   5. Enter upon and remain in any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others.
   6. Without authorization, remain in any building or facility after it is normally closed.
   7. Refuse to leave any building or facility after being required to do so by an authorized administrative officer or staff member or member of the Board of Education.
   8. Obstruct the free movement of persons and vehicles in any place to which these rules apply.
   9. Deliberately disrupt or prevent the peaceful and orderly conduct of classes, study halls, lectures and meetings or deliberately interfere with the freedom of any person to express his/her views, including invited speakers.
   10. Knowingly have in his/her possession upon any premises to which the rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon (such as, but not limited to, knives, dangerous chemicals, explosives, or any object which is not necessary for school activities and which could be read as a weapon) without the written authorization of the superintendent, building administrators or a designee, whether or not a license to possess the same has been issued to such person.
       1. It is the intent of the Spackenkill Union Free School District to comply with the regulations and requirements of the Gun Free School Act. Therefore, for the purposes of the Gun Free School Act and Policy of the Spackenkill Union Free School District, a "weapon" means a firearm as defined in Section 921 of Title l8 of the United States Code. It is further the policy of the Board of Education to include said weapons but not limited to those found in Section 5 of the policy.
   11. Willfully incite others to commit any of the acts herein prohibited with specific intent to procure them to do so.
   12. Wear attire that endangers or interferes with the physical health or safety of any person lawfully on school property, or conveys an obscene, lewd, vulgar, indecent or plainly offensive message likely to cause a material and substantial disruption of school activities.
   13. Use abusive or obscene, lewd, vulgar or plainly offensive language or gestures.
   14. Commit an act of violence upon any person lawfully upon school property.
   15. Possess a gun, knife, explosive or incendiary device or other dangerous instrument capable of causing physical injury or death.
   16. Display what appears to be a gun, knife, explosive or incendiary device or other dangerous instrument capable of causing physical injury or death.
   17. Threatens to use any instrument that appears capable of causing physical injury or death.
   18. Attempts to use any instrument that appears capable of causing physical injury or death.
   19. Sell, or attempt to sell, use or possess, or come onto school property, or come to any school function, while under the influence of, alcohol, drugs, or other controlled substances.
   20. Sell, or attempt to sell, use, or possess drug paraphernalia.
3. Penalties
   A person who shall violate any of the provisions of these rules shall:
   1. If he/she is a licensee or invitee, or other authorized visitor, have his/her authorization to remain upon school property, or at a school function, withdrawn and be directed to leave the premises. In the event of his/her failure or refusal to do so, he/she shall be subject to ejection and possible referral to local law enforcement officials for the filing of a criminal complaint.
   2. If he/she is a trespasser or unauthorized visitor, be subject to ejection and possible referral to local law enforcement officials for the filing of a criminal complaint.
   3. If he/she is a student, be subject to such disciplinary action consistent with the terms and conditions of the Code of Student Conduct and Discipline.
   4. If he/she is a teacher or administrator having a probationary or permanent appointment, be subject to discipline, up to and including termination, consistent with the procedures authorized pursuant to the Education Law and the terms and conditions of the applicable collective bargaining agreement.
   5. If he/she is a member of the non-teaching and administrative staff, protected by the provisions of Section 75 of the Civil Service Law, be subject to discipline, up to and including termination, consistent with the procedures authorized pursuant to the Civil Service Law and the terms and conditions of the applicable collective bargaining agreement.
   6. If he/she is a staff member other than one described in subparagraphs (d) and (e) above, be subject to discipline, up to and including termination, consistent with the terms and conditions of the applicable collective bargaining agreement, if any, and under such laws as may apply.
4. Procedure
   1. The superintendent or building principal or his/her designee shall inform any licensee or invitee who shall violate any provisions of these rules that his/her license or invitation is withdrawn and shall direct him to leave the school grounds or other property of the district. In the event of his/her failure or refusal to do so, such designee shall cause his/her ejection from such school grounds or property.
   2. In the case of a trespasser or other unauthorized visitor, the superintendent or building principal, or his/her designee shall cause such person to be ejected from school grounds or other property of the district.
   3. In the case of a student, charges for violation of any of these rules shall be presented and shall be heard and determined in the manner established by any applicable state and/or federal law or regulation, and the Code of Student Conduct and Discipline for the disposition of such charges.
   4. In the case of a teacher or administrator having a probationary or permanent appointment, charges of misconduct in violation of these rules shall be made, heard and determined in accordance with the procedures authorized pursuant to the Education Law and the terms and conditions of the applicable collective bargaining agreement.
   5. In the case of any staff member who holds a position in the classified civil service, described in Section 75 of the Civil Service Law, charges of misconduct in violation of these rules shall be made, heard and determined as prescribed in the Civil Service Law and the terms and conditions of the applicable collective bargaining agreement.
   6. Any other staff member who shall violate any provision of these rules may be disciplined, up to and including termination, consistent with the terms and conditions of the applicable collective bargaining agreement, if any, and under such laws as may apply.
5. Enforcement Program
   1. The superintendent, building principal or a designee shall be responsible for the enforcement of these rules and he/she shall designate the other administrative officers who are authorized to take action in accordance with these rules when required or appropriate to carry them into effect.
   2. It is not intended by any provision herein to curtail the right of students, faculty or staff to be heard upon any matter affecting them in their relations with the School District. In the case of any apparent violation of these rules by such persons, which, in the judgment of the superintendent, building principal or a designee does not pose any immediate threat of injury to person or property, such designee may make reasonable effort to learn the cause of the conduct in question and to persuade those engaged therein to desist and to resort to permissible methods for the resolution of any issues which may be presented. In doing so such designee shall warn such persons of the consequences of persistence in the prohibited conduct, including their ejection from any premises of the School District, where their continued presence and conduct is in violation of these rules.
   3. In any case where violation of these rules does not cease after such warning and in other cases of willful violation of these rules, the superintendent, building principal or a designee shall cause the ejection of the violator from any premises which he/she occupies in such violation and shall initiate disciplinary action as hereinbefore provided.
   4. The superintendent, building administrator or a designee may apply to the appropriate law enforcement officials for any aid which he/she deems necessary in causing the ejection of any violator of these rules and he/she may request school district counsel to apply to any court of appropriate jurisdiction for any injunction to restrain the violation or threatened violation of these rules.
   5. The superintendent, building principal, or his/her designee shall notify the Town of Poughkeepsie Police Department and report all code violations that constitute a crime [misdemeanor or felony] under New York State Law. The notification will be made immediately [or as soon as practical and safe] and will include a request that police immediately begin an investigation into the crime. After consultation with the appropriate law enforcement agency, district officials may, to the extent practical under the circumstances and as otherwise consistent with applicable laws, assist the police in their investigation, including, but not limited to filing a criminal complaint or a supporting deposition.

IV. PROCEDURES FOR EARLY IDENTIFICATION AND
RESOLUTION OF DISCIPLINARY PROBLEMS

The following procedure shall be employed to ensure that reasonable efforts are applied to early intervention in cases involving disciplinary problems:

1. New Entrant Screening
   This procedure involves teachers, administrators, and/or guidance counselors, school nurse-teachers, speech therapists parents, and other appropriate personnel. Previous academic/social adjustments and physical examination records will be reviewed. Where indicated, the school nurse-teacher will conduct a social history study of the child. The principal will ensure that all new students are so screened.
2. Child Study Team
   This team includes teachers, administrators, parents, psychologist, school nurse-teachers, guidance counselors, and other specialists as needed. The Child Study Team will review all records pertaining to any case and will make recommendations to the classroom teacher for program modifications or for further referral. This may include, but not be limited to, referral to appropriate outside human service agencies.
3. Committee on Special Education
   The Committee on Special Education, acting upon the referral of a teacher/administrator, will gain the cooperation of the parent, provide necessary testing data and will convene a meeting to determine the least restrictive educational placement for each child referred to it. This placement could be at a local school level with little program modification, a self-contained special education class or, in serious cases, in institutional/residential settings. In appropriate circumstances, the CSE may refer the student to appropriate, outside human service agencies.
   
   It shall be the responsibility of the Chairperson of the Committee on Special Education to assure the Superintendent that handicapped students are placed in appropriate educational programs. If the student's conduct becomes disruptive to the point where it interferes with the reasonable right of other students, the Committee on Special Education shall modify the student's individual educational plan to insure that the student continues to receive proper instruction without obstructing the rights of other students.
4. Classroom and Building Instructional Personnel
   Nothing in the foregoing procedure shall prevent the classroom teacher[s] or building principal[s] from taking whatever other steps they deem necessary, which lies within their responsibilities, for the early identification and resolution of disciplinary problems. This may include, but not be limited to, referral to appropriate, outside human service agencies. Their sound professional understanding of child and adolescent behavior and development is a key to effective resolutions of behavioral problems.

V. ALTERNATIVE EDUCATIONAL PROGRAMS APPROPRIATE TO
INDIVIDUAL STUDENT NEEDS

The Spackenkill Union Free School District Board of Education recognizes that students have special needs that must be met. The following is a list of alternative educational programs that can promote student accomplishment in ways other than the traditional classroom:

1. Math, science, social studies, reading and writing remedial assistance at all appropriate grade levels at all schools.
2. Extended resources - Committee on Special Education, i.e., resource room.
3. BOCES - self-contained special education programs.
4. BOCES - occupational high school programs.
5. Gifted and Talented Programs - elementary schools.
6. Advanced Placement and Honors Program - high school.
7. Bridge Programs - high school/college cooperative courses leading to undergraduate credit.
8. Other programs deemed by the school to meet the individual needs of a student.

VI. GUIDELINES AND PROGRAMS FOR IN-SERVICE EDUCATIONAL PROGRAMS TO ENSURE EFFECTIVE IMPLEMENTATION OF SCHOOL DISTRICT POLICY ON SCHOOL CONDUCT AND DISCIPLINE

1. Each school principal shall review the policy on School Conduct and Discipline before the opening of each school year, with the entire teaching and non-teaching staff of each school.
2. A copy of the School Conduct and Discipline policy shall be posted in each school office and each faculty room for reference.
3. A copy of the School Conduct and Discipline policy shall be given to each teacher yearly either in the teacher's handbook or in flyer format.
4. The Student Conduct and Discipline policy shall be printed as part of the student handbook for all high school students yearly.
5. Classroom/homeroom teachers in grades K-8 will review the policy on School Conduct and Discipline once yearly with all students on an appropriate level.
6. High school class orientation will include yearly review of the policy on Student Conduct and Discipline.

A summary of the Code of School Conduct and Discipline shall be distributed to all students at a general assembly held at the beginning of the school year in each school building within the District.

Copies of the Code of Student Conduct and Discipline will be made available to persons in parental relation to students at the beginning of each school year. The District shall also mail a plain language summary of the Code of Student Conduct and Discipline to persons in parental relation to students before the beginning of each school year and make it available thereafter upon request.

Copies of the Code of Conduct shall be distributed to the following persons or organizations to ensure community awareness of its provisions:

1. post a copy of the Code of Conduct on the District's web site.
2. publish, at least once a year, a copy of the Code of Conduct in the school newsletter.
3. distribute a copy of the Code of Conduct to all non-school organizations which apply to use school district facilities pursuant to the District's policy and procedures governing the use of facilities pursuant to Section 414 of the Education Law.
4. provide a copy of the Code of Conduct to all vendors which must enter upon school district property; and include a provision in all school district contracts whereby the vendor acknowledges having received a copy of the Code of Conduct.

Policy Adopted: February 10, 1987
Policy Amended: July 18, 1994
Policy Amended to include "VII": April 9, 1987
Policy Amended: Feb. 12, 1996
Policy Amended: June l3, l994
Policy Amended: Jun. 19, 2001

APPENDIX "A"
DISCIPLINARY PROCEDURES FOR STUDENTS SUSPECTED OF
AND/OR PREVIOUSLY IDENTIFIED AS HAVING A DISABILITY

When can a student's placement be changed?

1. If a student violates the school's discipline code, the school may change a student's placement to an interim alternative educational setting, another setting or suspend a student for not more than 20 school days in a school year to the same extent as a student without a disability. The CSE will decide the nature of the setting.
2. The school district may change a student's placement to an interim alternative educational setting for up to 45 days if: a student brings a weapon to school or to a school activity; or a student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or at a school activity.The CSE will decide the nature of the setting.
3. The school district may get an order from an IHO to change a student's educational placement to an interim alternative educational setting for up to 45 days if there is substantial evidence that a student or others are likely to be injured if a student stays in the current placement. The IHO will decide the nature of the setting. a student will remain in the interim alternative educational setting pending the decision of the IHO or until the 45 days expire unless you and the school district otherwise agree.
4. Upon expiration of the time a student may remain in the interim alternative educational setting, the student will return to his/her previous educational placement unless the school district requests an IHO to order another placement or you and the district agree to another placement.
5. If you challenge the interim alternative setting before an IHO, the student's pendency placement remains the interim alternative educational setting until the duration of the interim alternative educational setting expires.

Suspensions of more than 10 days during the school year.

1. If a student is suspended for more than 10 cumulative or consecutive days during a school year, you will be invited to participate in a meeting with the CSE and other qualified personnel. This meeting will be to: decide whether the student's behavior which led to the disciplinary action is related to his/her disability [also called a manifestation determination], and review or develop a behavioral intervention plan to address the student's behavior.
2. If the CSE decides that the behavior is related to a student's disability, the student will be returned to the same classes he/she attended prior to the disciplinary action. [Unless an interim alternative educational setting has been ordered in cases of drugs, weapons, or by an order from an IHO]. Also, you and the school district may agree to a change in the program or placement.
3. If the CSE decides that the behavior is not related to a student's disability, the school may discipline the student for that behavior as they would any other student in the school, but must continue to provide a FAPE and IEP services.

You have the right:

1. To be notified of the proposed disciplinary action and to have alternate instruction for a student in accordance with Section 3214 of the Education Law.
2. To continue a FAPE and IEP services for a student during any period of discipline that exceeds ten days.
3. To mediation or an impartial hearing if you disagree with the CSE's manifestation determination or placement recommendation during the period of suspension.
4. To an expedited hearing to challenge a CSE decision that a student's behavior was not a manifestation of his/her disability.

Policy Adopted: Feb. 10, 1987
Policy Amended to include"VII": Apr. 9, 1987
Policy Amended: June 13, 1994
Policy Amended: July 18, 1994
Policy Amended: February 12, 1996
Policy Amended: June 19, 2001