The ability and responsibility of students to use their own ideas, works, creations, and knowledge in completing exams, projects, reports, etc. is a guiding principle of public education in a free and democratic society.  Students who cheat and/or plagiarize (use the ideas or words of another without full acknowledgment) will receive a zero on the assignment, not be permitted to re-do it and are subject to possible suspension.

At the discretion of building administration, students who commit fraud (cheating) on any state exam (Regents, RCT, Proficiency, etc.) may lose their right to take any subsequent state exams.

The reason for using an Internet service in school is to support school research and to engage in class-related activities with other schools and supporting institutions.  Students can only access on-line communications services using school equipment under the direct supervision of a teacher, teaching assistant, administrator, librarian, or other authorized District personnel.  Only school-authorized accounts can be used in school.

With the privileges and rights of an Internet user come certain responsibilities and regulations that include, but are not limited to:

Avoiding inappropriate sites.
Complying with copyright laws.
Not communicating in the Internet.
Using the Internet with supervision.

Should any regulation or instructor's guideline/direction be violated, access privileges may be revoked and school disciplinary and/or appropriate legal action may be taken.

Students and parents have the opportunity to opt out of using computerized information resources at the beginning of each school year. By using district computerized information resources, students and parents agree to the district's Acceptable Use Agreement, which can be found here:

https://www.mw.k12.ny.us/page/acceptable-use-policy-8270

Inappropriate or unauthorized usage of school equipment or Internet access or violation of any usage agreement with regard to Internet access is prohibited.

When a student of any age is removed from class by a teacher or a student of compulsory attendance age is suspended from school pursuant to Education Law 3214, the District will take immediate steps to provide alternative means of instruction for the student.

Cell phones and communication devices are valuable and sometimes necessary tools. Prohibited devices include, but are not limited to: cell phones, Blackberry devices and other PDAs, iPods and MP3 players, iPads, tablet, and other eReaders, laptops, notebooks or any other personal computing devices, cameras or other photographic equipment, headphones, headsets, or in-ear headphones such as ear buds, any device capable of recording audio, photographic or video content, or capable of viewing or playing back such content.

Students may not use any communication device during the school day, unless under the supervision of a teacher or administrator. Students may not film incidents that occur within school buildings or on school grounds, and may not post them to social media. Students may not use social media to promote a physical altercation or an unauthorized student gathering. Students are prohibited from creating disruptions to the school day due to misuse of social media. Visible devices such as earphones or related equipment will be construed as usage. If students have an emergency or an extenuating circumstance, they may ask for permission to use these items in the school offices.

Communications devices will be confiscated from students found to be using them during the school day. Confiscated items will only be returned to parents. All items will be discarded by June 30th of the current school year. Additionally, based on experience, the use of some devices has led to inappropriate communication during class time or testing. Therefore, the use of such devices during class time will be considered cheating, and a grade of zero will be issued for that day’s class activity (such as class work, quiz, or examination). Consequences for continued offenses will result in detention(s) or suspension(s). (See “Academic Integrity” in this Handbook). In accordance with NYS testing protocol, students may not use cell phones or other communication devices during state assessments or Regents exams. During the administration of these exams phones must be turned off and put away before test booklets are handed out.

Use of a cell phone during testing invalidates a student’s test regardless of the content of the communication.

Currently, students are prohibited from using cell phones and other communications devices while taking NYS assessments. However, State Education Department policy does not prohibit students from possessing the devices in exam locations. To further ensure the integrity of State assessments, the current policy is being enhanced to prohibit all students from bringing cell phones and certain other electronic devices into a classroom or other location where a NYS assessment is being administered.

Test proctors, test monitors, and school officials, shall have the right to collect cell phones and other prohibited electronic devices prior to the start of the test and to hold them while the test is being administered, including break periods. Admission to the test shall be denied to any student who refuses to relinquish a prohibited device. [1]

It is expected that students will keep their communication devices at home and will not bring them to school. However, if students decide to carry a communication device, these devices are to be turned OFF and kept out of sight throughout the school day. Students who possess communication devices shall assume responsibility for their care. At no time shall Monroe-Woodbury Central Schools be responsible for preventing theft, loss, or damage to communication devices brought onto school property.

[4] NYSED Policy Amendment

Corporal punishment is any act of physical force upon a student for the purpose of punishing that student. Corporal punishment of any student by any District employee is strictly forbidden.  The District will file all complaints about the use of corporal punishment with the Commissioner of Education in accordance with Commissioner's Regulations.

The Monroe-Woodbury Central School District strongly supports a school climate that is safe and welcoming to all students.  The District recognizes that physical, emotional, social and cyber-bullying, harassment or intimidation can jeopardize student academic achievement and undermine their physical and emotional well-being and may provide retaliatory violence.  For these reasons, Monroe-Woodbury is committed to working towards eliminating bullying/harassment with a strong immediate response to any bullying/harassment incident as follows:

Taking disciplinary action.
Reportable incidents submitted to N.Y. State Education Department without identification of student.
Providing emotional and psychological support for the victim.
Counseling intervention for the bully.
Maintaining procedures for conflict resolution.
Publicizing reporting procedures.
Monitoring school climate.
Ensuring that curriculum and pedagogical strategies foster respect.

No student shall be subjected to harassment by employees or students on school property or at a school sponsored function; nor shall any student be subjected to discrimination based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender identity, or sex by school employees or students on school property or at a school sponsored function. [1]

Following is Monroe-Woodbury’s DASA Building Coordinator information:

Sapphire Elementary School

Caitlin Caldwell, Christine Hiller, (845) 460-6500

Smith Clove Elementary School

Stephanie Youngman, Chana Markiewicz, (845) 460-6300

Central Valley Elementary School

Christine Arlt, Michael Barone, Denise Guerriero, (845) 460-6700

North Main Elementary School

Veronica Kaleta, (845) 460-6800

Pine Tree Elementary School

Timothy Martin, (845) 460-6900

Monroe-Woodbury Middle School

Ada Smalls, Kevin Sullivan, (845) 460-6400

Monroe-Woodbury High School

Madrid Boyd, Kelly Fosstveit, Denise Guerriero, Marisol Jackson, Jason McElroy, Kelly Sciarra , Rafael Vasquez Jr., (845) 460-7000

District Wide

Karen Jordan, (845) 460-6700

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 expected to use disciplinary action only when necessary and to place emphasis on the students' ability to grow in self-discipline.

[5] NY Education Law § 12(2)

Disciplinary action, 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 disciplinary penalties will consider the following:

The student's age.

The nature of the offense and the circumstances that led to the offense.

The student's prior disciplinary record.

The effectiveness of other forms of discipline.

Information from parents, teachers and/or others, as appropriate.

Other extenuating circumstances.

As a general rule, discipline and intervention will be progressive. This means that a student's first violation will usually merit a lighter penalty than subsequent violations.  Individual behavior management plans may preclude a gradual process.  As this policy is meant to promote progressive discipline and intervention, as opposed to a “zero tolerance” approach, responses to students’ violations of the policy shall be age-appropriate.

If the conduct of a student is related to a disability or suspected disability, the student shall be referred to the Committee on Special Education and discipline, if warranted, shall be administered consistent with the separate requirements of this Code of Conduct for disciplining students with a disability or presumed to have a disability.  A student identified as having a disability shall not be disciplined for behavior related to his/her disability.  Please see “Discipline of Students With Disabilities” in this Code.

The Board of Education delegates to the principals of the Monroe-Woodbury Central School District the power to suspend pupils for a period not to exceed five (5) school days.  In a non-emergency suspension, the pupil and his/her parents or guardian must be given the opportunity for a conference Suspension may be in-school or out-of-school as determined by the principal.  A student may be immediately suspended when he/she presents a continuing danger to persons or property, is insubordinate or presents an ongoing threat of disrupting the academic process.  The opportunity for a conference following due process will then be extended to the parent or guardian.

A suspended student shall be furnished with his/her textbooks as well as all assignments, worksheets study guides, and examinations when necessary and shall be responsible for completion of work assigned during his/her absence.  Home instruction or other appropriate means of instruction will be provided within a reasonable period of time if the student is of compulsory attendance age.

Where a student has been suspended for fewer than five school days, the District will notify parents in writing of that fact and of their rights under 3214(3) of the Education Law.

No pupil can be suspended for more than five (5) days unless there is an opportunity for a Superintendent's Hearing upon reasonable notice to such pupil and his/her parent or guardian with the right to representation by counsel and to question witnesses.  The complaining witnesses are entitled to representation by counsel if they so desire. (Education Law 3214 (3)(c))

When student behavior becomes chronically disruptive, or if it is grossly insubordinate or violent, secondary teachers can use discipline referrals. Discipline referrals are forms on which teachers refer the student’s behavior to administration.  The referral is assessed by the administrator who ascertains the immediacy of the referral, and if the behavior warrants contacting other personnel (i.e. principal, student assistance counselor, guidance counselor, etc.).  If the referral warrants an immediate action, the administrator will call for the student to appear immediately.  If the student is a Special Education student, the administrator will make every effort to confer with the student's Special Education teacher.  If the behavior warrants contacting other personnel, every effort will be made to contact them.

The students are contacted and asked to report to the appropriate administrator to review the referrals.  The student is given the opportunity to discuss the referral and is granted due process.  The inappropriate behavior is identified, and alternative and/or preventative behavior is discussed. If the student is a Special Education student, the student's primary teacher is present during the conference, if available.

The appropriate consequence is assigned in accordance with the disciplinary code of the Student Handbook (MS/HS) and the MW Code of Conduct. The consequence, dates, and warning against repeated behavior are written at the bottom of the referral.  The administrator dates and signs the referral.  The referral is given to the appropriate secretary who separates and forwards carbons to the guidance office, the teacher, the parent, PPS (when necessary), and the student's disciplinary file.

Anytime a referral is written and a consequence is assigned for inappropriate behavior, a parent should be contacted.  When a student receives a referral, a discipline file for that student is created and maintained in the House office by administration.  The file is checked whenever the student receives another referral.  Discipline will be assigned in a fair and progressive fashion.

The list includes, but is not limited to:

After-school Detention (ASD)

Apology

Coach contact

In-school suspension (ISS)

Loss of Privileges

Mediation

Out-of School Suspension (OSS)

Parent contact

Referral to law enforcement *

Referral to Superintendent

Teacher Removal of a Disruptive Student

Warning

* When a student engages in criminal activity on school grounds, the school district will assist law enforcement officials as necessary.  As warranted, charges may be pressed by victims or by school officials.  Please be reminded that depending on the student’s age, some criminal activity (i.e. bomb threats or weapons) may include incarceration as determined by a court of law.

Depending upon the nature of the violation, it is the Board’s intent that student discipline be progressive: i.e.; a student’s first violation should merit a lighter penalty than subsequent violations. It is also the Boards’ intent that an employee or agent takes into account all other relevant factors in determining an appropriate penalty. The penalties may be imposed either alone or in combination.

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 personnel authorized 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 to present their version of the facts to the school personnel imposing the disciplinary penalty in connection with the imposition of the penalty.

The range of disciplinary options that may be imposed for violations of the student disciplinary code includes, but is not limited to the following:

With parent approval and cooperation, students may be detained to repair or clean items associated with the infraction.  The student is detained after school in order to work with the custodian. Students may also complete school community service during the school day.  Parents are notified.

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. 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.

If a student does not conduct himself/herself properly on 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 by the 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 arrangements to provide for the student's education.

For students with disabilities, suspension from transportation (if it exceeds 10 days) under certain infractions may constitute a change in placement and may require CSE reviews.

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 opportunity for an informal conference with the building principal or the principal's designee to discuss the conduct and the penalty involved.

A student subjected to a suspension from athletic participation, co-curricular 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 opportunity for an informal conference with the District official imposing the suspension to discuss the conduct and the penalty involved. Please see the Monroe-Woodbury Central School District Interscholastic Rules & Regulations in the Appendix.

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 suspension (ISS).  ISS denies students access to areas of the school normally accessible by students.  A "Request for Student Work" form is completed and distributed to the teachers of the student who is assigned ISS. The ISS teacher receives the work requests and monitors the student's completion of all class work while in ISS.

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

A student's behavior can affect a teacher's ability to teach and can make it difficult for other students in the classroom to learn.  In most instances, the classroom teacher can control a student's behavior and maintain or restore control over the classroom by using good classroom management techniques.  These techniques may include practices that involve the teacher directing a student to briefly leave the classroom to give the student an opportunity to regain his or her composure and self-control in an alternative setting.  Such practices may include, but are not limited to:  (1) short-term "time out" in an elementary classroom or in an administrator's office; (2) speaking to a student in the hallway briefly; (3) sending a student to the principal's office for the remainder of the class time only; or (4) sending a student to a guidance counselor or other District staff member for counseling.  Time-honored classroom management techniques such as these do not constitute disciplinary removals for purposes of this Code.

On occasion, a student's behavior may become disruptive.  A classroom teacher may remove a disruptive student from class for up to five days.  The removal from class applies to the class of the removing teacher only.

If the disruptive student does not pose a danger or ongoing 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 to him/herself or others, the teacher may order the student to be removed immediately, and the student should be referred to administration.  If the student presents an ongoing threat of disruption, the teacher may order the student to be removed immediately.  The teacher must, however, explain to the student why he or she was removed from the classroom and give the student a chance to present his or her version of the relevant events within 24 hours.

Prior to a teacher’s removal of a disruptive student, the teacher:

Speaks to student about the inappropriateness of the disruption.

Warns student of consequence of the disruption.

Contacts parent about the disruption.

Assigns a consequence for disruption.

As a pattern of disruption emerges, the teacher:

Utilizes building-level resources and interventions.

Refers student to appropriate PPS staff (administrator, counselor, psychologist, TRT/PPT, etc.).

Verifies with a CSE member that a removal will not violate the rights of classified students.

Warns student of and contacts parent/guardian regarding a Teacher Removal upon the next incident.

Upon the next incident, the teacher:

Declares a Teacher Removal of the disruptive student.

Explains to the student why he/she has been removed.

Immediately removes the student from the classroom to a designated area for a specific length of time during the day for 1-3 days or 3-5 days.

Notifies the administrator via Removal Form by the end of the school day.

Meets with the administrator by the end of the school day (or prior to the beginning of class the next day).

 The administrator will notify the parent/guardian within 24 hours (phone call followed by written notice). Upon parent request, the administrator will facilitate a meeting with parent and student within 48 hours.  The teacher may be required to attend.  The administrator and the teacher will keep records of the removal.  The principal can overturn the removal at any point between the notification and 48 hour time period for the parent meeting.  A continued educational program will be available.

The principal or the principal's designee may overturn the removal of the student from class if the principal finds any one of the following:

The charges against the student are not supported by substantial evidence.

The student's removal is otherwise in violation of law, including the District's Code of Conduct.

The conduct warrants suspension from school pursuant to Education Law 3214 and a suspension will be imposed.

The principal or his or her designee may overturn a removal at any point between receiving the referral form issued by the teacher and the close of business on the day following the 48-hour period for the informal conference, if a conference is requested.  No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the principal makes a final determination, or the period of removal expires, whichever is less.

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

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.

Removal of a student with a disability, under certain circumstances, may constitute a change in the student's placement.  Accordingly, no teacher may remove a student with a disability from his or her class until he or she has verified with the principal or his/her designee or the chairperson of the Committee on Special Education that the removal will not violate the student's rights under state or federal law or regulation.

Suspension from school is a severe penalty, which may be imposed only upon students who are insubordinate, disorderly, violent, or disruptive, or whose conduct otherwise endangers the safety, morals, health, or welfare of others.  OSS denies students access to school and all school activities for the period of suspension.

The Board retains its authority to suspend students, but places primary responsibility for the suspension of 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 immediately report and refer a violent student to the principal or the Superintendent for a violation of the Code of Conduct.  All recommendations and referrals shall be made in writing unless the conditions underlying the recommendation or referral warrant immediate attention.  In such cases, a written report is to be prepared as soon as possible by the staff member recommending the suspension.

The Superintendent or principal, upon receiving a recommendation or referral for suspension or when processing a case for suspension, shall gather the facts relevant to the matter and record them for subsequent presentation, if necessary.  Students are given a copy of the referral and an explanation of the parent’s due process as per Education Law.  Parents then have the right to request a conference to appeal the decision.  A parent conference and a re-entry meeting may also be required.

When the Superintendent or principal (referred to as the "suspending authority") proposes to suspend a student charged with misconduct for five days or less pursuant to Education Law 3214(3), the suspending authority must immediately notify the 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 that the student may be suspended from school.  Notice should be provided by telephone, and written notice follow via personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice should follow.

The notice shall provide a description of 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 of mode of communication used by the parents.  At the conference, the parents may ask to question complaining adult witnesses, which would take place under such procedures as the principal may establish.

The notice and opportunity for 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 property or 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 opportunity for an informal conference shall take place as soon after the suspension as is reasonably practicable.

After the conference, the principal shall promptly advise 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 they can show extraordinary circumstances 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's decision, they must file a written appeal to the Board of Education with the District Clerk within 10 business days of the date of the Superintendent's decision, unless they can 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.

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 with the Superintendent.  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 make findings of fact and recommendations as to the appropriate measure of discipline to the Superintendent. The report of the hearing officer shall be advisory only, and the Superintendent may accept all or any part thereof.

An appeal of the decision of the Superintendent may be made to the Board that will make its decision based solely upon 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 extraordinary circumstances 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.

Permanent suspension is reserved for extraordinary circumstances such as when a student's conduct poses a life-threatening danger to the safety and well-being of other students, school personnel, or any other person lawfully on school property or attending a school function.

Any student, other than a student with a disability, found guilty of bringing a weapon onto school property, will be subject to suspension from school for at least one calendar year.  Before being suspended, the student will have an opportunity for a hearing pursuant to Education Law 3214.  The Superintendent has the authority to modify the one-year suspension on a case-by-case basis.  In deciding whether to modify the penalty, the Superintendent may consider the following:

The student's age.

The student's grade in school.

The student's prior disciplinary record.

The Superintendent's belief that other forms of discipline may be more effective.

Input from administrators, parents, teachers and/or others.

Other extenuating circumstances.

A student with a disability may be suspended only in accordance with the requirements of state and federal law.

Any student, other than a student with a disability, 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 opportunity for an informal conference given to all students subject to a short-term suspension.  If the proposed penalty exceeds the minimum five-day suspension, the student and the student's parents will be given the same notice and opportunity for a review given to all students subject to a long-term suspension.  The Superintendent has the authority to modify the minimum five-day suspension on a case-by-case basis.  In deciding whether to modify the penalty, the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

Any student, other than a student with a disability, who repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom, may be suspended from school.  For purposes of this Code of Conduct, " substantially disruptive" means engaging in conduct that results in the student being removed from the classroom by teachers pursuant to Education Law 3214 (3-a) and this Code.  If the proposed penalty is the minimum five-day suspension, the student and the student's parent will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension.  If the proposed penalty exceeds the minimum five-day suspension, the student and the student's parent will be given the same notice and opportunity for a review given to all students subject to a long-term suspension.  The Superintendent has the authority to modify the minimum five-day suspension on a case-by-case basis.  In deciding whether to modify the penalty, the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon

Counseling- The Guidance Office shall handle all referrals of students to counseling.

The District may file a PINS (Person In Need of Supervision) petition in Family Court on any student under the age of 18 who demonstrates that he or she requires supervision and treatment by:

Being habitually truant and not attending school as required by part one of Article 65 of the Education Law.

Engaging in an ongoing or continual course of conduct that makes the student ungovernable, habitually disobedient, or beyond the lawful control of the school.

Knowingly and unlawfully possesses marijuana in violation of Penal Law 221.05. A single violation of 221.05 will be a sufficient basis for filing a PINS petition.

The Superintendent is required to refer the following students to the County Attorney for a juvenile delinquency proceeding before the Family Court:

Any student under the age of 16 who is found to have brought a weapon to school, or 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, who are 16 years old and older or any student 14 or 15 years old, who qualifies for juvenile offender status to the appropriate law enforcement authorities.

When a student engages in criminal activity on school grounds, the school district will assist law enforcement officials as necessary. As warranted, charges may be pressed by victims or by school officials. Please be reminded that depending on the student’s age, some criminal activity (i.e. bomb threats or weapons) may include incarceration as determined by a court of law.

A comprehensive list of Disciplinary Options can be found in Appendix I.

The Board recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities to address disruptive or problem behavior. The Board also recognizes that students with disabilities enjoy certain procedural protections whenever school authorities intend to impose discipline upon them. The Board is committed to ensuring that the procedures followed for suspending, removing or otherwise disciplining students with disabilities are consistent with the procedural safeguards required by applicable laws and regulations.

This Code of Conduct affords students with disabilities subject to disciplinary action no greater or lesser rights than those expressly afforded by applicable federal and state law and regulations.

For purposes of this section of the Code of Conduct, the following definitions apply:

A "suspension" means a suspension pursuant to Education Law 3214.  A "removal" means a removal for disciplinary reasons from the student's current educational placement other than a suspension and change in placement to an interim alternative educational setting (IAES) ordered by an impartial hearing officer because the student poses a risk of harm to himself or herself or others.

An "IAES" means a temporary educational placement for a period of up to 45 calendar 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 individualized education program (IEP), that will enable the student to meet the goals set out in such IEP, and include services and modifications to address the behavior which precipitated the IAES placement that are designed to prevent the behavior from recurring.

School personnel may order the suspension or removal of a student with a disability from his or her current educational placement as follows:

The Board, the Superintendent of Schools, or a building principal may order the placement of a student with a disability into an IAES, another setting or suspension of 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.

The Superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for up to 10 consecutive school days, inclusive of any period 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 suspension or removal does not exceed the amount of time non-disabled students would be subject to suspension for the same behavior.

The Superintendent may order additional suspensions, of not more than 10 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.

The Superintendent may order the placement of a student with a disability in an IAES to be determined by the Committee on Special Education (CSE), for the same amount of time that student without a disability would be subject to discipline, but not more than 45 calendar days, if the student carries or possesses a weapon to school or to a school function, or the student knowingly possesses or uses illegal or sells or solicits the sale of a controlled substance while at school or a school function.

Subject to specified conditions required by both federal and state law and regulations, an impartial hearing officer may order the placement of a student with a disability in an IAES setting for up to 45 days at a time, if maintaining the student in his or her current educational placement poses a risk of harm to the student or others.

A disciplinary change in placement means a suspension or removal from student's current educational placement that is either: for more than 10 consecutive school days; or 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 they cumulate to more than 10 school days in a school year and because of such factors as the length of each suspension or removal, the total amount of time the student is removed and the proximity of the suspensions or removals to one another.

However, the District may impose a suspension or removal, which would otherwise result in a disciplinary change in placement, based on a pattern of suspensions or removals if the CSE has determined that the behavior was not a manifestation of the student's disability, or the student is placed in an IAES for behavior involving weapons, illegal drugs, synthetic cannabinoids, or controlled substances.

The District's Committee on Special Education shall:

Conduct functional behavioral assessments to determine why a student engages in a particular behavior, and develop or review behavioral intervention plans whenever the District is first suspending, or removing a student with a disability for more than 10 school days in a school year or imposing a suspension or removal that constitutes a disciplinary change in placement, including a change in placement to an IAES for misconduct involving weapons, illegal drugs synthetic cannabinoids, or controlled substances.

If subsequently, a student with a disability who has a behavioral intervention plan and who has been suspended or removed from his or her current educational placement for more than 10 school days in a school year is subjected to a suspension or removal that does not constitute a disciplinary change in placement, the members of the CSE shall review the behavioral intervention plan and its implementation to determine if modifications are necessary.

If one or more members of the CSE believe that modifications are needed, the school District shall convene a meeting of the CSE to modify such plan and its implementation, to the extent the committee determines necessary.

The CSE will conduct a manifestation determination review of the relationship between the student's disability and the behavior subject to disciplinary action whenever a decision is made to place a student in an IAES either for misconduct involving weapons, illegal drugs, synthetic cannabinoids, or controlled substances or because maintaining the student in his current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension that constitutes a disciplinary change in placement.

The parents of a student who is facing disciplinary action, but who has not been determined to be eligible for services under IDEA and Article 89 at the time of misconduct, shall have the right to invoke applicable procedural safeguards set forth in federal and state law and regulations if, in accordance with federal and state statutory and regulatory criteria, the school District is deemed to have had knowledge that their child was a student with a disability before the behavior precipitating disciplinary action 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.

The Superintendent, building principal, or other school official imposing a suspension or removal shall be responsible for determining whether the student is a student presumed to have a disability.

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, the District either:

Conducted an individual evaluation and determined that the student is not a student with a disability,

or

determined that an evaluation was not necessary and provided notice to the parents of such determination in the manner required by applicable law and regulations.

If there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other 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 disciplinary removal, an expedited evaluation shall be conducted and completed in the manner prescribed by applicable 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.

The District shall provide parents with notice of disciplinary removal no later than the date on which a decision is made to change the placement of a student with a disability to an IAES for either misconduct involving weapons, illegal drugs, synthetic cannabinoids, or controlled substances or because maintaining the student in his/her current educational setting poses a risk of harm to the student of others; or a decision is made to impose a suspension or removal that constitutes a disciplinary change in placement.

The procedural safeguards notice prescribed by the Commissioner shall accompany the notice of disciplinary removal.

The parents of a student with disabilities subject to a suspension of five consecutive school days or less shall be provided with the same opportunity for an informal conference available to parents of non-disabled students under the Education Law.

Superintendent hearings on disciplinary charges against students with disabilities subject to a suspension of more than five school days shall be separated into a guilt phase and a penalty phase in accordance with the procedures set forth in the Commissioner's regulations incorporated into this Code.

The removal of a student with disabilities other than a suspension or placement in an IAES shall be conducted in accordance with the due process procedures applicable to such removals of non-disabled students, except that school personnel may not impose such removal for more than 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 as required by the Commissioner’s Regulations incorporated into this Code.

An expedited due process hearing shall be conducted in the manner specified by the Commissioner's Regulations incorporated into this Code, if:

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 educational placement, or during the pendency of 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.

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.

During the pendency of an expedited due process hearing or appeal regarding the placement of a student in an IAES for behavior involving weapons, illegal drugs, synthetic cannabinoids, or controlled substances, or on grounds of dangerousness, or regarding a determination that the behavior is not a manifestation of the student's disability for 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.

If school personnel propose to change the student's placement after expiration of an IAES placement, during the pendency of any proceeding to challenge the proposed change in placement, the student shall remain in the placement prior to removal to the IAES, except where the student is again placed in an IAES.

An expedited due process hearing shall be completed within 15 business days of receipt of the request for a hearing.  Although the impartial hearing officer may grant specific extensions of such time period, he or she must mail a written decision to the District and the parents within five business days after the last hearing date, and in no event later than 45 calendar days after receipt of the request for a hearing, without exceptions or extensions.

In accordance with the provisions of IDEA and its implementing regulations:

The District may report a crime committed by a child with a disability to appropriate authorities, and such action will not constitute a change of the student's placement.

The Superintendent shall ensure that copies of the special education and disciplinary records of a student with disabilities are transmitted for consideration to the appropriate authorities to which a crime is reported.

The District and each school building maintain school safety plans, which detail response procedures for possible emergencies. The plans are available for review at the office of the Director of Health and Safety. The protocol for emergency response varies based on individual circumstances. When conditions warrant an emergency response, local law enforcement collaborates with district and building administration to determine the most appropriate response based on the knowledge at hand and under the circumstances. The following language is taken from the NYSED Safe Schools program https://www.p12.nysed.gov/sss/documents/QuickReferenceCardv102-13-15.pdf

Used to shelter students and staff inside the building.

• Listen for instructions about the situation and your actions.

• Students in hallways should return to their assigned classroom, if possible.

• Classroom teachers, take attendance.

• All other staff assist students, as needed.

• Move away from windows, if the situation warrants.

• If instructed, move out of the classroom to a designated safe area. Stay together at all times.

• Take attendance.

• Listen for updates.

Used to limit movement of students and staff while dealing with short term emergencies.

• Listen for instruction about the situation and your actions.

• Students in hallways should return to their assigned classroom, if possible.

• Classroom teachers, take attendance.

• All other staff assist students, as needed.

• Listen for updates.

Used to evacuate students and staff from the building.

• Listen for instructions about the situation and your actions.

• Lead students to designated assembly or announced assembly area. Use a secondary route, if

  necessary.

• Bring attendance list and class roster.

• Close the classroom door after exiting.

• Take attendance when safe to do so.

  If evacuating off site, take attendance before moving from and upon arrival at off site location.

• Listen for updates.

Used to secure school buildings and grounds during incidents that post an imminent concern outside of the school.

• Listen for instructions regarding the situation and your actions.

• Lock all exterior windows.

• Leave blinds/lights as they are.

• Take attendance.

  30

• After initial instructions, listen for updates.

• Classroom instruction continues as normal.

• All outdoor activities are terminated.

• Listen for updates.

• During a Lockout, no person (parent, student, staff member, visitor, etc.) may enter or leave the

  building, and classes will proceed as usual (to the extent possible). In specific instances and with

  administrative approval (depending on the nature of the threat) certain individuals/groups (such as

  staff or students) may be allowed into or out of the building in a controlled, monitored manner.

Used to secure school buildings and grounds during incidents that pose an immediate threat of violence in or around the school.

• When you hear lockdown announced, you should move quickly to execute the following actions.

• If safe, gather students from hallways and common areas near your classroom.

• Lock your door. Cover the Vision Panel. If possible, barricade the door as an additional measure

  to slow the access of an intruder.

• Move students to a safe area in the classroom out of sight of the door.

• Leave windows, blinds/lights as they are.

• Keep everyone quiet, silence cell phones.

• Take attendance, if possible.

• Do not communicate through the door or answer the phone.

• Do not respond to PA announcements or fire alarms, unless you actually see a fire.

• Stay hidden until physically released by law enforcement personnel.

In the event that a building is evacuated and is not cleared for re-entry, all persons will be directed to an alternative evacuation site as directed by District administration and/or law enforcement, and the reunification process will be communicated to families.

Field trips are an extension of the educational program.  A student may be denied a field trip if he/she has been disruptive, insubordinate, or has otherwise created a discipline problem in school.  Student attendance may also cause a student to be denied a field trip.  Students who attend overnight field trips will be subject to a luggage search.  Please see "Student Searches" for more information.  Please refer to the District's Field Trip Guidelines for additional information.

Consistent with the Gun-Free Schools Act of 1994, any pupil who is determined (in accordance with the procedures provided in Educ. Law 3214) to have brought a weapon to school shall be suspended for a period of not less than one calendar year.  The Superintendent of Schools shall have authority to modify this suspension requirement for all students on a case-by-case basis.  The Superintendent's determination will be subject to review by the Board of Education in accordance with Educ. Law 3214(a) and thereafter to the Commissioner of Education pursuant to 310 of the Education Law. Nothing in this policy shall be deemed to authorize suspension of a student with disability in violation of either the IDEA or Article Eighty-Nine of the Education Law.  The Superintendent shall refer a pupil under the age of sixteen who has been determined to have brought a weapon to school in violation of this subdivision to a presentment agency for a juvenile delinquency proceeding consistent with Article Three of the Family Court Act.  The Superintendent shall refer any pupil sixteen years of age or older who has been determined to have brought a weapon to school in violation of this subdivision to the appropriate law enforcement officials.

The following is the Monroe-Woodbury Board of Education’s policy on sexual harassment.  The Board of Education affirms its commitment to non-discrimination and recognizes its responsibility to provide for all District students an environment that is free of sexual harassment and intimidation.  Sexual harassment is a violation of law and stands in direct opposition to District policy.  Therefore, the Board prohibits and condemns all forms of sexual harassment by employees, school volunteers, students, and non-employees such as contractors and vendors, which occur on school grounds and at all school-sponsored events, programs and activities including those that take place at locations off school premises or those that take place in another state.  Generally, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or communication of a sexual nature when:

Submission to or rejection of such sexually harassing conduct and/or communication by a student affects decisions regarding any aspect of the student’s education, including participation in school-sponsored activities;

Conditions exist within the school environment that allow or foster obscene pictures, lewd jokes, sexual advances, requests for sexual favors or other harassing activities of a sexual nature; and

Such conduct and/or communication has the purpose or effect of substantially or unreasonably interfering with a student’s academic performance or participation in an educational or extracurricular activity, or creating an intimidating, hostile or offensive learning environment; and/or effectively bars the student’s access to an educational opportunity or benefit.

Students who exhibit inappropriate behavior on a continuous basis may be required to have an Individual Behavior Management Plan.  The administrator, counselor, teacher, student, and parent develop these plans.  The Plan is designed as a collaborative approach to improving student behavior.  The Individual Behavior Management Plan becomes a part of the student's discipline file.  Copies of the Secondary Individual Behavior Management Plans are in Appendix I.

The Board of Education requires that all school district staff maintain a professional, ethical relationship with district students that is conducive to an effective, safe learning environment; and that staff members act as role models for students at all times, whether on or off school property and both during and outside of school hours.

Inappropriate behavior between employees of the School District and students attending the District’s schools or availing themselves of services from the District is potentially confusing to the student disruptive of his/her educational program and may threaten or violate a student’s right to personal and physical integrity. In light of these considerations the Board hereby prohibits any District employee from engaging in inappropriate behavior with a student who attends the District’s schools or who is a participant in any educational or other program (including, but not limited to, transportation or other services not directly educational in nature) which is operated, staffed, or administered by District employees, contractors, BOCES service providers or volunteers regardless of the student’s age or consent. The term “inappropriate behavior” includes but is not limited to flirting, an inappropriate close social relationship, making suggestive comments, dating or attempts to set up a dating situation, requests for sexual activity, inappropriate physical displays of affection, giving inappropriate personal gifts, inappropriate personal communication (via phone, e-mail, instant messaging, text messaging, letters, notes, etc.), providing alcohol or drugs, inappropriate touching or engaging in sexual contact or sexual relations.

Any student who believes that he/she has been subjected to inappropriate staff behavior as defined in this policy, as well as students, staff members or third parties who have knowledge of or are witness to any possible occurrence of inappropriate staff-student relations, shall report the incident to either the student’s principal or the District’s Title IX Complaint Officer for further investigation. In all events such reports shall be forwarded to the designated Title IX Complaint Officer for further investigation. Investigations of allegations of inappropriate staff-student relations shall follow the procedures utilized for complaints of harassment with the school district.

If a student initiates inappropriate behavior, as previously defined, toward a staff member, that staff member shall document the incident and report it to his/her building principal or supervisor. Failure to report such student initiated behavior shall result in disciplinary proceedings.

The principal of each school and/or program supervisor shall be responsible for informing students and staff members of the requirements of this policy, including the duty to report any inappropriate staff-student relations. The District’s policy, or a summary thereof, shall be disseminated to all new staff persons and at least annually to staff, students and parents. This topic shall be addressed in the District Code of Conduct and all staff member handbooks.

Any staff member who engages in inappropriate conduct with a student, prohibited by the terms of this policy, shall be subject to appropriate disciplinary proceedings that may culminate in termination of employment in accordance with the law, district policy and regulations, and the applicable collective bargaining agreement. A violation of this policy may also subject the employee to criminal and/or civil sanctions as well as disciplinary proceedings by the State Education Department.

Students have a right to express their thoughts and opinions at reasonable times and places. The District expressly reserves the right to exercise pre-publication review of both school sponsored publications and speech, and non-school sponsored publications and speech, when such publication or speech is disseminated in or through the District.

"School sponsored publications" include student newspapers, periodicals, yearbooks, or theatrical productions, to which the school District lends its resources or name, or publication of speech, which is included as, part of the school curriculum, or other activities which the public might reasonably perceive to represent the District.

With regard to such publications or speech, the District reserves the right to exercise editorial control, which includes pre-publication review and restraint in an effort to insure that:

The participants learn whatever lessons the activity is designed to teach.

Readers or listeners are not exposed to material that may be inappropriate for their level of maturity.

The views of the speaker are not erroneously attributed to the schools, if, for example, the speech is:

• Ungrammatical

• Poorly written

• Inadequately researched

• Biased or prejudiced

• Vulgar or profane

Furthermore, the speech will not be reasonably perceived to advocate drugs or alcohol use, irresponsible sex, or conduct otherwise inconsistent with the shared values of a civilized social order. For example:

If the speech has the propensity to materially disrupt class work or involve substantial disorder or invasion of the rights of others.

If the speech is potentially libelous, i.e., if it involves a false and unprivileged statement about a specific individual which injures the individual's reputation in the community.

If the speech involves fighting, abusive words, or slurs, i.e., words spoken solely to injure or harass other people such as threats of violence, defamation of character, or of a person's race, religion, or ethnic origin.

If the speech is "obscene" meaning that:

• The average person applying contemporary community standards would find that the publication, taken as a whole, appeals to a minor's prurient interest in sex; "minor" means any person under the age of 18;

• The speech depicts or describes, in a patently offensive way, sexual conduct.

• The work, taken as a whole, lacks serious literary, artistic, political, or social value.

With regard to non-school sponsored publications or speech that is sought to be disseminated through the building, approval of the principal must be obtained prior to such dissemination. District wide dissemination requires the approval of the Superintendent or his/her designee. Such approval may be withheld and distribution may be halted, and/or disciplinary action may be initiated.

The District expressly reserves the right to regulate the time, place, and manner of distribution of both school-sponsored publications and speech and non-school-sponsored publications and speech that is disseminated in or through the District.

Distribution of non-school-sponsored publications may be halted by the principal. The student will have the right of appeal as set forth in the Appeal process. The procedures shall in no way be construed to apply to school-sponsored publications.

If the student is dissatisfied with the decision of the principal as to distribution of a non-school sponsored publication, the student may appeal the decision to the Superintendent or through his designee the Assistant Superintendent for Curriculum & Instruction, who shall render a decision within five school days after receiving the appeal.  If the student requests an informal hearing, the hearing must be held within five school days and a decision by the Superintendent or through his designee, the Assistant Superintendent for Curriculum & Instruction must be rendered within five school days of the hearing.

If the student is dissatisfied with the decision of the Superintendent or his/her designee, the student may appeal this decision to the Board of Education. (See, Hazlewood v. Kuhlmeier. 484 U.S.260 (1988).

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:

Protect oneself, another student, teacher or any person from physical injury.

Protect the property of the school or others.

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 best discipline is self-imposed, and students must learn to assume and accept responsibility for their own behavior, as well as for the consequences of their misbehavior.  District personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students' ability to grow in self-discipline.

The Board recognizes the need to make its expectations for student conduct while on school property or engaged in a school function specific and clear.  The rules of conduct listed below are intended to do that and to focus on safety and respect for the rights and property of others.  Students who will not accept responsibility for their own behavior and who violate these school rules will be required to accept the penalties for their conduct.

Students may be subject to disciplinary action, up to and including suspension from school, when they:

Examples of disorderly conduct include:

Running in hallways (which poses a danger to self and others).

Making unreasonable noise.

Using language or gestures that are profane, lewd, vulgar, or abusive.

Obstructing vehicular or pedestrian traffic.

Engaging in any willful act that disrupts the normal operation of the school community.

Trespassing. Students are not permitted in any school building, other than the one they regularly attend, without permission from the administrator in charge of the building.

Computer/Electronic communications misuse, including camera cell phones, any unauthorized use of computers, software, or Internet/intranet account; accessing inappropriate websites; or any other violation of the District's acceptable use policy.

Engaging in conduct that is disorderly: i.e., intentionally causing public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, by fighting, making unreasonable noise, abusive language or gestures.

Engaging in insubordinate behavior: i.e., failing to comply with the lawful directions of a teacher, school administrator or other school employee.

Selling, using or possessing alcohol, drugs, synthetic cannabinoids, or other controlled substances.

Possessing weapons, fireworks, or other dangerous instruments, or possessing obscene materials.

Threatening to use weapons, fireworks, or other dangerous instruments, or possessing obscene materials.

Using profane, vulgar, or abusive language (including ethnic slurs), /smoking.

Any act involving fire, smoke, and pollution of air.

Missing, leaving, or being late for school or class without permission or excuse.

Cheating, unauthorized collusion, or plagiarism.

Engaging in conduct violating the Board's rules and regulations for the maintenance of public order of school property.

Examples of insubordinate conduct include:

Failing to comply with the reasonable directions of teachers, school administrators, or other school employees in charge of students or otherwise demonstrating disrespect.

Lateness for, missing, or leaving school without permission.

Cutting detention.

Examples of disruptive conduct include:

Failing to comply with the reasonable directions of teachers, school administrators, or other school personnel in charge of students.

Examples of violent conduct include:

Committing an act of violence (such as hitting, kicking, punching, and scratching) upon a teacher, administrator or other school employee or attempting to do so.

Committing an act of violence (such as hitting, kicking, punching, and scratching) upon another student or any other person lawfully on school property or attempting to do so.

Possessing a weapon. Authorized law enforcement officials are the only persons permitted to have a weapon in their possession while on school property or at a school function.

Displaying what appears to be a weapon.

Threatening to use any weapon.

Threatening to cause bodily harm.

Intentionally damaging or destroying the personal property of a student, teacher, administrator, other District employee or any person lawfully on school property, including graffiti or arson.

Damaging or destroying school District property.

Examples of such conduct include:

Lying to school personnel.

Stealing the property of other students, school personnel, or any other person lawfully on school property or attending a school function.

Defamation, which includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them.

Discrimination, which includes harassment on the basis of race, color, weight, creed, national origin, ethnic group, religion, religious practice, gender (identity or expression), sex, sexual orientation, social class, or disability as a basis for treating another in a negative manner.

Threats and/or bullying, which includes a sufficiently severe 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.

Intimidation, which includes engaging in actions or statements (written or verbal) that put an individual in fear of bodily harm.

"Hazing" is defined as any behavior exhibited by a student(s) toward a student, teacher, coach or individual, which degrades, demeans, humiliates, and places at risk physical and/or emotional harm toward that individual(s).  Hazing is not permitted under any circumstances.  Hazing is against the law in New York State.  Hazing resulting in an injury to a person is a Class "A" misdemeanor, and hazing which creates a substantial risk of injury to a person is a law violation.  Under Item X. Training Rules, the disciplinary action under C. LEVEL III, the first item for suspension for the sport season will be Hazing, with the currently listed items as numbers 2 to 6.  Students may also be assigned school consequences.

Selling, using, or possessing obscene material.

Using vulgar or abusive language, cursing, or swearing.

Using tobacco on school grounds or at any school-sponsored event or activity off school grounds. Tobacco is defined to include any lighted or unlighted cigarette, cigar, cigarillo, pipe, bidi, clove cigarette, spit/spitless tobacco and any other smoking or tobacco product, (smokeless, dip, chew, snus and/or snuff) in any form. This includes the use and/or possession of e-cigarettes, vaporizers, and/or any other products that may contain nicotine.

Consuming, sharing and/or selling, use and/or possession of alcoholic beverages, tobacco products, illegal drugs, counterfeit and designer drugs, or paraphernalia for the use of such drugs is prohibited at any school-sponsored event or on school property at all times.

"Illegal substances" include, but are not limited to: inhalants, marijuana, synthetic cannabinoids (marijuana), cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, synthetic cannabinoids, and any substances commonly referred to as "designer drugs."

Inappropriately using or sharing prescription and over-the-counter drugs.

Gambling.

Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner.

Inappropriate public displays of affection.

Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.

Engage in misconduct while on a school bus. It is crucial for students to behave appropriately while riding on District buses to ensure their safety and 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 established standards for classroom behavior.  Excessive noise, pushing, shoving, and fighting will not be tolerated.

Examples of academic misconduct include:

Plagiarism;

Cheating;

Copying;

Altering records; and

Assisting another student in any of the above actions.

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 necessary to 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 property or attending a school function including students, teachers and District personnel.

The restrictions on public conduct on school property and at school functions contained in this Code are not intended to limit freedom of speech or peaceful assembly.  The District recognizes that free inquiry and free expression are 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.

All persons on school property or attending a school function shall conduct themselves in a respectful and orderly manner.  In addition, all persons on school property or attending a school function are expected to be properly attired for the purpose they are on school property.

No person, either alone or with others, shall:

Intentionally injure any person or threaten to do so.

Intentionally damage or destroy school District property or the personal property of a teacher, administrator, other District employee or any person lawfully on school property.  Graffiti and arson constitute damage or destruction.

Disrupt the orderly conduct of classes, school programs, or other school activities.

Distribute or wear materials on school grounds or at school functions that are obscene, advocate illegal action, appear libelous, obstruct the rights of others, or are disruptive to the school program.

Intimidate, harass, or discriminate against any person on the basis of race, color, weight, creed, national origin, ethnic group, religion, religious practice, gender (identity or expression), sex, sexual orientation, social class, or disability.

Enter any portion of the school premises without authorization or remain in any building or facility after it is normally closed.

Obstruct the free movement of any person in any place to which this Code applies.

Violate the traffic laws, parking regulations, or other restrictions on vehicles.

Smoking or chewing tobacco (including use of electronic cigarettes) on school property.

Possess, consume, sell, distribute, or exchange alcoholic beverages, controlled substances, or be under the influence of either on school property or at a school function.

Possess or use weapons in or on school property or at a school function, except in the case of law enforcement officers or except as specifically authorized by the school District.

Loiter on or about school property.

Gamble on school property or at school functions.

Refuse to comply with any reasonable order of identifiable school District officials performing their duties.

Willfully incite others to commit any of the acts prohibited by this Code.

Violate any federal or state statute, local ordinance, or Board policy while on school property or while at a school function.

Visitors

Visitors participating in prohibited conduct on school property may be denied access to school events. Their authorization, if any, to remain on school grounds or at the school function shall be withdrawn, and they shall be directed to leave the premises. If they refuse to leave, they shall be subject to ejection.

Students

They shall be subject to disciplinary action as the facts may warrant, in accordance with the due process requirements.

Faculty and Staff

They shall be subject to disciplinary action as the facts may warrant in accordance with Education Law 3020.a or any other legal rights that they may have.

Staff members in the classified service of the civil service are entitled to the protection of Civil Service Law 75. They shall be subject to immediate ejection and to disciplinary action as the facts may warrant in accordance with Civil Service Law 75 or any other legal rights that they may have.

They shall be subject to warning, reprimand, suspension, or dismissal as the facts may warrant in accordance with any legal rights they may have.

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/her designee sees an individual engaged in prohibited conduct, which in his/her judgment does not pose any immediate threat of injury to persons or property, the principal or his/her designee shall tell the individual that the conduct is prohibited and attempt to persuade the individual to stop. The principal or his/her designee shall also warn the individual of 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 injury to persons or property, the principal or his/her designee shall have the individual removed immediately from school property or the school function. If necessary, local law enforcement authorities will be contacted to assist in removing the person.

The District shall initiate disciplinary action 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 any person violating the Code.

Students who jeopardize their own safety, the safety of other students, or other personnel and students who seriously interfere with the instructional program of the school must be reported to the building administrator.

The building principal or his or her designee must notify the Superintendent and the appropriate local law enforcement agency of those Code violations that constitute a crime and substantially affect the order or security of a school as soon as practical, but in no event later than the close of business the day the principal or his/her designee learns of the violation. The notification must identify the student and explain the conduct that violated the Code of Conduct and constituted a crime.

District staff members who are not authorized to impose disciplinary sanctions are expected to promptly report violations of the Code of Conduct to their supervisor, who shall in turn impose an appropriate disciplinary sanction, if so authorized, or refer the matter to a staff member who is authorized to impose an appropriate sanction. All District faculty and staff who are authorized to impose disciplinary sanctions are expected to do so in a prompt, fair, and lawful manner.

All students are expected to promptly report violations of the Code of Conduct to a teacher, school counselor, the building principal or his or her designee. Any student observing or having knowledge of a student possessing a weapon, alcohol, or illegal substance on school property or at a school function shall report this information immediately to a teacher, safety officer, the building principal, the principal's designee, the Superintendent, or any other school employee. Any student observing or having knowledge of a threat of harm to self, others or an area of the school District shall report this information immediately to a teacher, safety officer, the building principal, the principal's designee, the Superintendent or any other school employee.

The Board of Education recognizes its responsibility to protect students from unlawful harassment, discrimination and bullying while on school property. Students or staff who wish to report harassment, discrimination or bullying should contact the appropriate compliance officer.

The staff of Monroe-Woodbury School District benefits from a supportive staff development program. In accordance, the staff is kept abreast and informed of the students’ rights and responsibilities through different in-service programs, conferences, visitations, presentations and lectures by speakers.

All students are expected to dress appropriately for school and school functions, including protective equipment and footwear as required for physical education classes, technology courses, science laboratories, and family and consumer science classes. It is expected that students’ attire is safe, appropriate and not disrupt or interfere with the educational process. Include footwear at all times. Footwear that is a safety hazard will not be allowed. The following are considered to be inappropriate dress, grooming, and/or appearance as related to the school day and/or school events:

• Any clothing, dress, or appearance which constitutes a threat or danger to the health and safety of

  students (e.g., heavy jewelry or jewelry with spikes which can injure the student or others, Heely

  sneakers);

• Any clothing, dress, or appearance that displays or promotes the use of a weapon;

• Any clothing, dress, or appearance which includes a phallic symbol and/or contains sexual

  metaphors, as well as see-through garments, or any garments which expose to sight the private

  parts of the body or undergarments;

• Any dress or appearance that is vulgar, obscene, libelous, discriminatory, or that denigrates others

  on account of race, color, weight, creed, national origin, ethnic group, religion, religious practice,

  gender (identity or expression), sex, sexual orientation, social class, or disability;

• Any dress or appearance that promote and/or endorse the use of alcohol, tobacco, or illegal drugs

  and/or encourage other illegal or violent activities;

• Any head or face covering to the extent that the student is unrecognizable except for a medical or

  religious purpose;

• Any dress or appearance which constitutes a disruption to the educational process.

Students who violate the student dress code shall be required to modify their appearance by covering or removing the item and, if necessary or practical, replacing it with an acceptable item. Any student who refuses to do so shall be subject to disciplinary action. Any student who repeatedly fails to comply with the dress code shall be subject to further discipline.

The Board of Education is committed to ensuring an atmosphere on school property and 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 may question a student about an alleged violation of law or the District Code of Conduct. Students are not entitled to any sort of Miranda type warning before being questioned by school officials, nor are school officials required to contact a student's parent before questioning the student. However, school officials will tell all students why they are being questioned.

In addition the Board authorizes the Superintendent, building principals/administrators, the school nurse and District security officials 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 previously supplied information that was accurate and verified, or they make an admission against their own interest, or they provide 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 previously supplied information that they knew was not accurate.

Before searching a student or the student's belongings, the authorized school official should attempt to get the student to admit that he or she possesses physical evidence that they violated the law or the District Code, or get the student to voluntarily consent to the search. Searches will be limited to the extent necessary to locate the evidence sought. Whenever practicable, searches will be conducted in the privacy of administrative offices, and students will be present when their possessions are being searched.

Students who attend overnight field trips will be subject to a luggage search. Parents can be present for the search. If the student or parent refuses the search, the student will not be allowed to attend the field trip. If an inappropriate item is found in the luggage, the student will not be allowed to go on the field trip, and disciplinary consequences will be assigned.

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 any time by school officials, without prior notice to students and without their consent.

A strip search is a search that requires a student to remove any or all of his or her clothing, other than an outer coat or jacket. If an authorized school official believes it is necessary to conduct a strip search of a student, the school official may do so only if the search is authorized in advance by the Superintendent or the school attorney. The only exception to this rule requiring advanced authorization is when the school official believes there is an emergency situation that could threaten the safety of the student or others. Strip searches may only be conducted by an authorized school official of the same gender as the student being searched and in the presence of another District professional employee who is also of the same gender as the student.

School officials will attempt to notify the student's parent by telephone before conducting a strip search, or in writing after the fact, if the parent could not be reached by telephone.

The authorized school official conducting the search shall be responsible for promptly recording the following information about each search:

Name, age and grade of student searched.

Reasons for the search.

Name of any informant(s).

Purpose of search (that is, what item(s) were being sought).

Type and scope of search.

Person conducting search and his or her title and position.

Witnesses, if any, to the search.

Time and location of search.

Results of search (that is, what item(s) were found).

Disposition of items found.

Time, manner, and results of parental notification.

The building principal or the principal's designee 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 item(s) is turned over to the police. The principal or his or her designee shall be responsible for personally delivering dangerous or illegal items to police authorities.

Any weapon, alcohol or illegal substance found shall be confiscated immediately, if possible, followed by notification to the parent of the student involved and the appropriate disciplinary sanction if warranted, which may include permanent suspension and referral for prosecution.

District officials are committed to cooperating with police officials and other law enforcement authorities to maintain a safe school environment. Police officials, however, have limited authority to interview or search students in schools or at school functions, or to use school facilities in connection with police work. Police officials may enter school property or a school function to question or search a student or to conduct a formal investigation involving students only if they have:

A search or an arrest warrant; or

Probable cause to believe a crime has been committed on school property or at a school function; or

Been invited by school officials.

Before police officials are permitted to question or search any student, the building principal or his or her designee shall first try to notify the student's parent to give the parent the opportunity to 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 conducted. The principal or designee will also be present during any police questioning or search of a student on school property or at a school function.

Students who are questioned by police officials on school property or at a school function will be afforded the same rights they have outside the school. This means:

They must be informed of their legal rights.

They may remain silent if they so desire.

They may request the presence of an attorney.

The Monroe-Woodbury administration, teaching staff, and transportation professionals work together to provide the safest possible bus transportation for all students. In addition to handling the vehicle safely, our school bus drivers are proactive in making the bus ride a pleasant experience. The Transportation Department employs a focused anti-bullying program, “Not on Our Bus.”

The District has developed rules, consequences and rewards to teach and reinforce good school bus ridership. A bus safety committee, made up of bus drivers, transportation supervisors, teachers, administrators, parents and students, meets periodically to revise bus safety practices. School bus transportation is a privilege and a passenger may be suspended from the bus if it is in the best interest of overall bus safety. School principals follow a process of progressive discipline involving the bus driver, the pupil and the parents before issuing a bus suspension.

Our Monroe-Woodbury Bus Rules are posted inside every school bus. We expect our passengers to follow these rules to insure their safety:

Always follow your driver’s directions.

Remain seated and buckled up.

Show respect – do not fight or use profanity.

Do not yell or distract your driver.

Do not litter or damage your bus.

Schools are a place of work and learning, and certain limits must be set for any visitation. Any visitations require principal or his/her designee approval. The building principal or his/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:

• Anyone who is not a regular staff member or student of the school will be considered a visitor.

• The Monroe-Woodbury School District uses a visitor management practice known as The

  Credential Exchange Program. The practice requires all visitors to enter the school at the main

  entrance where they will press the intercom button. Using the visitor intercom system, a Safety

  Officer or Meeter Greeter will engage each visitor from inside the school and ask the individual

  to state their purpose for visiting. When a legitimate purpose has been stated, the Safety Officer

  or Meeter Greeter will electronically grant access to the visitor and they will enter the inside of

  the school or vestibule. Upon approaching the Security Desk or vestibule, all visitors will follow

  the Credential Exchange Program.

• The Credential Exchange Program requires all visitors to produce a valid Government

  Photograph ID, which will be vetted by the Safety Officer or Meeter Greeter through the

  VISITOR DATABASE. Once authorization is permitted, the Safety Officer or Meeter Greeter

  will take the printed-out visitor’s tag and insert it into the ID holder attached to a break away

  Orange Visitor Lanyard. The visitor will hang the Orange Lanyard around their neck and the

  Safety Officer or Meeter Greeter will maintain the visitor’s ID in the security booth or vestibule’s

  lock box. The Safety Officer or Meeter Greeter and the visitor will make another credential

  exchange when the visitor signs out at the conclusion of the visit.

• All visitors to the school must report to the main office upon entering the school.

• Visitors attending school functions that are open to the public are not required to register.

• Student visitors are not permitted during the school day or to functions not open to the public

  without advance approval from the principal.

• Any unauthorized person on school property will 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. All visitors are expected to abide by the rules for public conduct on school property

  contained in this Code of Conduct.

Refer to individual school handbooks for additional information and requirements.

The District complies with the Gun-Free Schools Act of 1994. The Gun-Free Schools Act was adopted as part of the Goals 2000: Educate America Act (Pub. Law 103-227). Any student who, after a hearing, is found to have brought a weapon onto school property shall be suspended for a period of not less than one calendar year provided that IDEA is not violated. The Gun-Free Schools Act enables the Superintendent of Schools to modify this requirement on a case-by-case basis (subject to review by the School Board and the Commissioner). Students may be referred to an agency for juvenile delinquency proceedings if under the age of 16 or to a law enforcement authority if 16 years of age or older.

The District also has a commitment to addressing bullying and harassing behavior. The District takes seriously and will not tolerate bullying and harassing behaviors. It takes seriously and will not tolerate inappropriate and offensive communication in any form. It takes seriously and will not tolerate threats of bodily harm.