The board of education of the Monticello Central School District (“board”) is committed to providing a safe and orderly school environment where students may receive and district personnel may deliver quality educational services without disruption or interference. Responsible behavior by students, teachers, other district personnel, parents and other visitors is essential to achieving this goal.

The district has a long-standing set of expectations for conduct on school property and at school functions. These expectations are based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty, personal responsibility and integrity.
The board recognizes the need to clearly define these expectations for acceptable conduct on school property, to identify the possible consequences of unacceptable conduct, and to ensure that discipline when necessary is administered promptly and fairly. To this end, the board adopts this code of conduct (“code”).

This code applies to all students, school personnel, parents and other visitors when on school property or attending a school function unless otherwise indicated.
 

• Commits an act of violence upon a school employee, or attempts to do so.
  
• Commits, while on school property or at a school function, an act of violence upon another student or any other person lawfully on school property or at the school function, or attempts to do so.
  
• Possesses, while on school property or at a school function, a weapon.
  
• Displays, while on school property or at a school function, what appears to be a weapon.
  
• Threatens, while on school property or at a school function, to use a weapon.
  
• Knowingly and intentionally damages or destroys the personal property of any school employee or any person lawfully on school property or at a school function.
  
• Knowingly and intentionally damages or destroys school district property.

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

The district is committed to safeguarding the rights given to all students under state and federal law. In addition, to promote a safe, healthy, orderly and civil school environment, all district students have the right to:

• An equal opportunity for participation in District sponsored activities regardless of race, color, creed, national origin, religion, gender or sexual orientation or disability.
  
• Present their version of the relevant events to school personnel authorized to impose a disciplinary penalty in connection with the imposition of the penalty.
  
• Access school rules and, when necessary, receive an explanation of those rules from school personnel.
  

Student Responsibilities

All district students have the responsibility to:

• Contribute to maintaining a safe and orderly school environment that is conducive to learning and to show respect to other persons and to property. 
  
• Be familiar with and abide by all district policies, rules and regulations dealing with student conduct.
  
• Attend school every day unless they are legally excused and be in class, on time, and prepared to learn.
  
• Work to the best of their ability in all academic and extracurricular pursuits and strive toward their highest level of achievement possible.
  
• Respond to directions given by teachers, administrators and other school personnel in a respectful, positive manner.
  
• Work to develop strategies and skills to control their anger so it does not result in disruption or violence.
  
• Ask questions when they do not understand.
  
• Seek help in solving problems that might lead to disciplinary action.
  
• Dress appropriately for school and school functions.
  
• Accept responsibility for their actions.
  
• Conduct themselves as representatives of the district when participating in or attending school-sponsored co-curricular and extracurricular events and to hold themselves to the highest standards of conduct, demeanor, and sportsmanship.
  

• Recognize that the education of their child(ren) is a joint responsibility of the parents and the school community.
  
• Send their children to school ready to participate and learn.
  
• Ensure their children attend school regularly and on time.
  
• Ensure absences are excused.
  
• Ensure their children be dressed and groomed in a manner consistent with the student dress code.
  
• Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly environment.
  
• Know school rules and help their children understand them.
  
• Convey to their children a supportive attitude toward education and the district.
  
• Build good relationships with teachers, other parents and their children’s friends.
  
• Help their children deal effectively with peer pressure.
  
• Inform school officials of changes in the home situation that may affect student conduct or performance.
  
• Provide a place for study and ensure homework assignments are completed.
  
• Communicate with their children regarding their academic and extra-curricular choices.
  
• Lead by example and conduct themselves in a courteous, respectful, and professional manner. 
  

Teachers: All district teachers are expected to:

• Recognize that the education of their child(ren) is a joint responsibility of the parents and the school community.
  
• Maintain a climate of mutual respect and dignity, which will strengthen students’ self-concept and promote confidence to learn.
  
• Be prepared to teach.
  
• Demonstrate interest in teaching and concern for student achievement.
  
• Know school policies and rules, and enforce them in a fair and consistent manner.
  
• Communicate to students and parents:
  
  • Course objectives and requirements
  • Marking/grading procedures
  • Assignment deadlines
  • Academic and behavioral expectations for students
    
• Communicate regularly with students, parents, pupil personnel staff and other teachers concerning student growth and achievement
  
• Lead by example and conduct themselves in a courteous, respectful, and professional manner.

Guidance Counselors: All district guidance counselors and social workers are expected to:

• Recognize that the education of their child(ren) is a joint responsibility of the parents and the school community.
  
• Assist students in coping with peer pressure and emerging personal, social and emotional problems.
  
• Initiate teacher, student, counselor conferences and parent, teacher, student, counselor conferences, as necessary, as a way to resolve problems.
  
• Regularly review with students their educational progress and career plans.
  
• Provide information to assist students with career planning.
  
• Encourage students to benefit from the curriculum and extracurricular programs.
  
• Communicate regularly with students, parents and teachers concerning student growth and achievement.
  
• Lead by example and conduct themselves in a courteous, respectful, and professional manner.

Principals: All district principals and administrators are expected to:

• Recognize that the education of their child(ren) is a joint responsibility of the parents and the school community.
  
• Promote a safe, orderly and stimulating school environment, supporting active teaching and learning.
  
• Ensure that students and staff have the opportunity to communicate regularly with the principal and approach the principal for redress of grievances.
  
• Evaluate all instructional programs on a regular basis.
  
• Support the development of and student participation in appropriate extracurricular activities.
  
• Be responsible for enforcing the code of conduct and ensuring that all cases are resolved promptly and fairly.
  
• Communicate regularly with students, parents, teachers, and pupil personnel staff concerning student growth and achievement.
  
• Lead by example and conduct themselves in a courteous, respectful, and professional manner.

Superintendent: The superintendent is expected to:

• Recognize that the education of their child(ren) is a joint responsibility of the parents and the school community.
  
• Promote a safe, orderly and stimulating school environment, supporting active teaching and learning.
  
• Review with district administrators the policies of the board of education and state and federal laws relating to school operations and management. 
  
• Inform the board about educational trends relating to student discipline.
  
• Work to create instructional programs that minimize problems of misconduct and are sensitive to student and teacher needs. 
  
• Work with district administrators in enforcing the code of conduct and ensuring that all cases are resolved promptly and fairly.
  
• Communicate regularly with students, parents, teachers, administrators, and pupil personnel staff concerning student growth and achievement.
  
• Lead by example and conduct themselves in a courteous, respectful, and professional manner.
  

Board of Education: All members of the Board of Education are expected to:

• Recognize that the education of their child(ren) is a joint responsibility of the parents and the school community.
  
• Collaborate with student, teacher, administrator, and parent organizations, school safety personnel and other school personnel to develop a code of conduct that clearly defines expectations for the conduct of students, district personnel and visitors on school property and at school functions.
  
• Adopt and review at least annually the district’s code of conduct to evaluate the code’s effectiveness and the fairness and consistency of its implementation. 
  
• Lead by example by conducting board meetings in a professional, respectful, courteous manner.

Support Staff: All members of the support staff are expected to:

• Recognize that the education of their child(ren) is a joint responsibility of the parents and the school community.
  
• Know school policies and rules, and enforce them in a fair and consistent manner.
  
• Lead by example and conduct themselves in a courteous, respectful, and professional manner.

• Be safe, appropriate and not disrupt or interfere with the educational process.
  
• Recognize that extremely tight or brief garments and see-through garments are not appropriate.
  
• Ensure that underwear is completely covered with outer clothing.
  
• Include footwear at all times. Footwear that is a safety hazard will not be allowed.
  
• Not include the wearing of hats except for a medical or religious purpose.
  
• Not include items that are vulgar, obscene, libelous or that denigrate others on account of race, color, religion, creed, national origin, gender, sexual orientation or disability.
  
• Not promote and/or endorse the use of alcohol, tobacco or illegal drugs and/or encourage other illegal or violent activities.
  
• Not convey a message likely to cause a material and substantial disruption of school activities.

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

Students who violate the student dress code shall be required to modify their appearance by covering or removing the offending item and, if necessary or practical, replacing it with an acceptable item. Any student who refuses to do so shall be subject to discipline, up to and including in-school suspension for the day. Any student who repeatedly fails to comply with the dress code shall be subject to further discipline, up to and including out of school suspension.

The board of education expects all students to conduct themselves in an appropriate and civil manner, with proper regard for the rights and welfare of other students, district personnel and other members of the school community, and for the care of school facilities and equipment.

The best discipline is self-imposed, and students must learn to assume and accept responsibility for their own behavior, as well as 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 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:

A. Engage in conduct that is disorderly. Examples of disorderly conduct include:

• Running in hallways.
  
• Making unreasonable noise.
  
• Using language or gestures that are profane, lewd, vulgar or abusive.
  
• Obstructing vehicular or pedestrian traffic.
  
• Engaging in any willful act which 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 any unauthorized use of computers, software, or internet/intranet account; accessing inappropriate websites; or any other violation of the district’s acceptable use policy.

B. Engage in conduct that is insubordinate. 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 class or school without permission.
  
• Skipping detention.
  
• Refusing to leave any building, bus, or facility after being requested to do so by an authorized administrator.

C. Engage in conduct that is disruptive. Examples of disruptive conduct include:

• Failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of students.
  
• Using walkmen, boom boxes, pagers, cell phones, and electronic games without permission of the administration or faculty.

D. Engage in conduct that is violent. 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.
  
• 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.
  
• Intentionally damaging or destroying school district property.
  
• Possessing and/or using any explosive or noxious material(s) including but not limited to firecrackers, fireworks, hydrogen sulfide capsules. 

E. Engage in any conduct that endangers the safety, morals, health or welfare of others. Examples of such conduct include:

• Lying to school personnel.
  
• Stealing school property, 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 the use of race, color, creed, national origin, religion, gender, sexual orientation or disability as a basis for treating another in a negative manner.
  
• Harassment which includes the use of race, color, creed, national origin, religion, gender, sexual orientation or disability as a basis for treating another in a negative manner.
  
• Intimidation, bullying, or threats which includes engaging in actions or statements that put an individual in fear of bodily harm.
  
• Hazing, which includes any intentional or reckless act directed against another for the purpose of initiation into, affiliating with or maintaining membership in any school sponsored activity, organization, club or team.
  
• Selling, using or possessing obscene material.
  
• Using vulgar or abusive language, cursing or swearing.
  
• Smoking or possessing a cigarette, cigar, pipe or possessing or using chewing or smokeless tobacco.
  
• Possessing, consuming, selling, distributing or exchanging alcoholic beverages or illegal substances, or being under the influence of either. “Illegal substances” include, but are not limited to, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, ecstasy, look-alike drugs, and any substances commonly referred to as “designer drugs.”
  
• Inappropriately possessing, selling, or sharing prescription and over-the-counter drugs.
  
• Possessing drug paraphernalia.
  
• Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner.
  
• Initiating a report warning of fire, bomb, or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.
  
• Gambling.
  
• Sexual contact.

F. 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.

G. Engage in any form of academic misconduct. Examples of academic misconduct include:

• Plagiarism.
  
• Cheating.
  
• Copying.
  
• Altering records.
  
• Assisting another student in any of the above actions.
  

All students are expected to promptly report violations of the code of conduct to a teacher, guidance counselor, the building principal or his or her designee. Any student observing 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, the building principal, the principal’s designee or the superintendent.

All district staff who are authorized to impose disciplinary sanctions are expected to do so in a prompt, fair and lawful manner. District staff 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.
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 suspension and referral for prosecution.

The building principal or his or her designee must notify 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 or her designee learns of the violation. The notification may be made by telephone, followed by a letter mailed on same day as the telephone call is made or upon the administrator’s awareness of the violation.

The notification must identify the student and explain the conduct that violated the code of conduct and constituted a crime.
 

• The student’s age.
  
• The nature of the offense and the circumstances which 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 will be progressive. This means that a student’s first violation will usually merit a lighter penalty than subsequent violations.

Students under the Committee on Special Education shall be disciplined for behavior in accordance with and consistent with the Code of Conduct and in accordance with IDEA and 504 of the Rehabilitation Act of 1973. 

Penalties
Students who are found to have violated the district’s code of conduct may be subject to the following penalties, either alone or in combination. The school personnel identified after each penalty are authorized to impose that penalty, consistent with the student’s right to due process.

• Oral warning – any member of the district staff.
  
• Written warning – bus drivers, teacher aides, teacher assistants, coaches, guidance counselors, teachers, principal, superintendent.
  
• Written notification to parent – bus drivers, teacher aides and assistants, coaches, guidance counselors, teachers, principal, superintendent.
  
• Detention – teachers, principal, superintendent.
  
• Suspension from transportation – director of transportation, principal, superintendent.
  
• Suspension from athletic participation – coaches, athletic director, principal, superintendent.
  
• Suspension from social or extracurricular activities – activity advisor, principal, superintendent.
  
• Suspension of other privileges – principal, superintendent.
  
• In-school suspension – principal, superintendent.
  
• Removal from classroom by teacher – teachers, principal.
  
• Short-term (five days or less) suspension from school – principal, superintendent, board of education
  
• Long-term (more than five days) suspension from school – superintendent, board of education

Procedures
The amount of due process a student is entitled to receive before a penalty is imposed depends on the penalty being imposed. In all cases, regardless of the penalty imposed, the school 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.

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

• Detention: Teachers, principals and the superintendent may use after school detention as a penalty for student misconduct in situations where removal from the classroom or suspension would be inappropriate. Detention will be imposed as a penalty only after the student’s parent has been notified and the student has appropriate transportation home following detention.
  
• Suspension from transportation: 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. 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.
   
• Suspension from athletic participation, extra curricular activities and other privileges: A student subjected to a suspension from athletic participation, extracurricular activities or other privileges is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the district official imposing the suspension to discuss the conduct and the penalty involved.
   
• In-school suspension: 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.” The in-school suspension teacher will be a certified teacher.
  
  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.
  
  
• Teacher disciplinary removal of disruptive students: A student’s behavior can affect a teacher’s ability to teach and can make it difficult for other students in the 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 another classroom or in an administrator’s office; (2) sending a student to the administrator’s office for the remainder of the class time only; or (3) 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. For purposes of this code of conduct, a disruptive student is a student who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom. A substantial disruption of the educational process or substantial interference with a teacher’s authority occurs when a student demonstrates a persistent unwillingness to comply with the teacher’s instructions or repeatedly violates the teacher’s classroom behavior rules.
  
  A classroom teacher may remove a disruptive student from class for up to two 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 or 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.
  
  The teacher must complete a district-established disciplinary removal form and meet with the principal or his or her designee as soon as possible, but no later than the end of the school day, to explain the circumstances of the removal and to present the removal form.
  
  If the principal or designee is not available by the end of the same school day, the teacher must leave the form with the secretary and meet with the principal or designee prior to the beginning of classes on the next school day.
  
  Within 24-hours after the student’s removal, the principal or another district administrator designated by the principal must notify the student’s parents, in writing, that the student has been removed from class and why. The notice must also inform the parent that he or she has the right, upon request, to meet informally with the principal or the principal’s designee to discuss the reasons for the removal.
  
  The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the student’s removal at the last known address for the parents. Where possible, notice should also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting parents.
  
  The principal will require the teacher who ordered the removal to attend the informal conference.
  If at the informal meeting the student denies the charges, the principal or the principal’s designee must explain why the student was removed and give the student and the student’s parents a chance to present the student’s version of the relevant events. The informal meeting must be held within 48 hours of the student’s removal. The timing of the informal meeting may be extended by mutual agreement of the parent and principal.
  
  The principal or the principal’s designee 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 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: 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.
  
  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.
  
  • Short-term (5 days or less) suspension from school: 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 in writing that the student may be suspended from school. The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the decision to propose suspension at the last known address for the parents. Where possible, notice should also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting the parents.
    
    The notice shall provide a description of the charges against the student and the incident for which the suspension is proposed and shall inform the parents of the right to request an immediate informal conference with the principal. Both the notice and informal conference shall be in the dominant language or mode of communication used by the parents. At the conference, the parents shall be permitted to ask questions of complaining witnesses 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 may file a written appeal to the Commissioner of Education.
    
    For information on Appeals to the Commissioner of Education, please contact the Office of Counsel at the New York State Education Department, 89 Washington Avenue, Albany, New York 12234 or by telephoning (518) 474-8927.
    
  • Long-term (more than 5 days) suspension from school:  When the superintendent determines that a suspension for more than five days may be warranted, he or she shall give reasonable notice to the student and the student’s parents of their right to a fair hearing. At the hearing the student shall have the right to be represented by counsel, the right to question witnesses against him or her and the right to present witnesses and other evidence on his or her behalf.
    
    The superintendent shall personally hear and determine the proceeding or may, at 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.
    
     
• Minimum Periods of Suspension
  
  • Students who bring a weapon to school: 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 parents, teachers and/or others. Other extenuating circumstances. 
      
      
  • Students who commit violent acts other than bringing a weapon to school: 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 hearing 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.
    
  • Students who are repeatedly substantially disruptive of the educational process or repeatedly substantially interferes with the teacher’s authority over the classroom: Any student, other than a student with a disability, who repeatedly is substantially disruptive of the educational process or repeatedly substantially interferes with the teacher’s authority over the classroom will be suspended from school for at least five days. For purposes of this code of conduct, “repeatedly is substantially disruptive” means engaging in conduct that results in the student being removed from the classroom by teacher(s) pursuant to Education Law §3214(3-a) and this code on four or more occasions during a semester, or three or more occasions during a trimester. 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 hearing 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.
    
    A student with a disability may be suspended only in accordance with the requirements of state and federal law.
     
• Referrals
  
  • Counseling
    The Pupil Personnel Services Office shall handle all referrals of students to counseling. 
    
  • PINS Petitions
    The district may file a PINS (person in need of supervision) petition in Family Court on any student under the age of 18 who 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 which makes the student ungovernable, or habitually disobedient and beyond the lawful control of the school.
      
    • Knowingly and unlawfully possessing marijuana in violation of Penal Law § 221.05. A single violation of § 221.05 will be a sufficient basis for filing a PINS petition.
      
  • Juvenile Delinquents and Juvenile Offenders
    The superintendent is required to refer the following students to the appropriate law enforcement authorities 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 age 16 and older or any student 14 or 15 years old who qualifies for juvenile offender status to the appropriate law enforcement authorities.
  

However, in situations where alternative procedures and methods that do not involve the use of physical force cannot reasonably be used, reasonable physical force may be used to:

• 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 district will file all complaints about the use of corporal punishment with the Commissioner of Education in accordance with Commissioner’s regulations. 

• Student Lockers, Desks and other School Storage Places
  The rules in this code of conduct regarding searches of students and their belongings do not apply to student lockers, desks and other school storage places. Students have no reasonable expectation of privacy with respect to these places and school officials retain complete control over them. This means that student lockers, desks and other school storage places may be subject to search at any time by school officials, without prior notice to students and without their consent.
   
• Strip Searches
  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 sex as the student being searched and in the presence of another district professional employee who is also of the same sex as the student.
  
  In every case, the school official conducting a strip search must have probable cause – not simply reasonable cause – to believe the student is concealing evidence of a violation of law or the district code. In addition, before conducting a strip search, the school official must consider the nature of the alleged violation, the student’s age, the student’s record and the need for such a search.
  
  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.
   
• Documentation of Searches
  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 to the search.
    
  • Time and location of search.
    
  • Results of search (that is, what items(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.

• Police Involvement in Searches and Interviews of Students
  District officials are committed to cooperating with police officials and other law enforcement authorities to maintain a safe school environment. Police officials, however, have limited 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.

• Child Protective Services Investigations 
  Consistent with the district’s commitment to keep students safe from harm and the obligation of school officials to report to child protective services when they have reasonable cause to suspect that a student has been abused or maltreated, the district will cooperate with local child protective services workers who wish to conduct interviews of students on school property relating to allegations of suspected child abuse, and/or neglect, or custody investigations.
  
  All requests by child protective services to interview a student on school property shall be made directly to Director of Pupil Personnel Services or his Assistant. The Director of Pupil Personnel Services will notify the building principal of the pending visit of the CPS worker and or police. If the Director or his Assistant believes it is necessary and appropriate for a school official to be present during the interview, depending on the age of the student being interviewed and the nature of the allegations, he will make that request to CPS. If the nature of the allegations is such that it may be necessary for the student to remove any of his or her clothing in order for the child protective services worker to verify the allegations, it will be requested of CPS that the school nurse or other district personnel will be present during that portion of the interview.
  

• Anyone who is not a regular staff member or student of the school will be considered a visitor and must receive permission from the principal to visit the school.
  
• All visitors to the school must report to the office of the principal upon arrival at the school. There they will be required to sign the visitor’s register and will be issued a visitor’s identification badge, which must be worn at all times while in the school or on school grounds. The visitor must return the identification badge to the main office before leaving the building.
  
• Visitors attending school functions that are open to the public, such as parent-teacher organization meetings or public gatherings, are not required to register.
  
• Parents or citizens who wish to observe a classroom while school is in session are required to arrange such visits in advance with the classroom teacher(s), so that class disruption is kept to a minimum.
  
• Teachers are expected not to take class time to discuss individual matters with visitors.
  
• 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. 
  

• 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, including graffiti or arson.
  
• 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, creed, national origin, religion, age, gender, sexual orientation 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;
  
• Possess, consume, sell, distribute or exchange alcoholic beverages, or 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.
  
• Smoke on school grounds or school functions.
  
• 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.

Penalties
Persons who violate this code shall be subject to the following penalties:

• Visitors. 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.
  
• Tenured faculty members. 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 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.
  
• Staff members other than those described in subdivisions 3 and 4. They shall be subject to warning, reprimand, suspension or dismissal as the facts may warrant in accordance with any legal rights they may have. 

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

When the building principal or his or her designee sees an individual engaged in prohibited conduct, which in his or her judgment does not pose any immediate threat of injury to persons or property, the principal or his or her designee shall tell the individual that the conduct is prohibited and attempt to persuade the individual to stop. The principal or his or 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 or 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.

• Providing copies of a summary of the code to all students at a general assembly held at the beginning of each school year.
  
• Making copies of the code available to all parents at the beginning of the school year.
  
• Mailing a summary of the code of conduct written in plain language to all parents of district students before the beginning of the school year and making this summary available later upon request. 
  
• Providing all current teachers and other staff members with a copy of the code and a copy of any amendments to the code at the beginning of the school year.
  
• Providing all new employees with a copy of the current code of conduct.
  
• Making copies of the code available for review by students, parents and other community members.
  
• Making the code available to read on the district website: 
  http://www.monticelloschools.net

The board will sponsor an in-service education program for all district staff members to ensure the effective implementation of the code of conduct. The superintendent may solicit the recommendations of the district staff, particularly teachers and administrators, regarding in service programs pertaining to the management and discipline of students.

The board of education will review this code of conduct every year and update it as necessary. In conducting the review, the board will consider how effective the code’s provisions have been and whether the code has been applied fairly and consistently.

The board may appoint an advisory committee to assist in reviewing the code and the district’s response to code of conduct violations. The committee will be made up of representatives of students, teachers, administrators, parent organizations, school safety personnel and other school personnel.

Before adopting any revisions to the code, the board will hold at least one public hearing at which school personnel, parents, students and any other interested party may participate.
The code of conduct and any amendments to it will be filed with the Commissioner no later than 30 days after adoption.

Board of Education Adoptions:

• First Adoption: June 14, 2001
• Readopted for 2002-03 School Year: June 27, 2002
• Readopted for the 2003-04 School Year: July 24, 2003
• Readopted for the 2004-05 School Year: June 10, 2004
• Readopted for 2005-06 School Year: June 9, 2005
  

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 IDEA, and Section 504 of Rehabilitation Act of 1973.

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.

All students/parents under the Committee will be given a copy of their due process rights annually. Any other parent may request a copy of these due process rights.



Authorized Suspensions or Removals of Students with Disabilities

For purposes of this section of the code of conduct, the following definitions apply: 

Suspension: A suspension pursuant to Education Law § 3214.

Removal: 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.

IAES: A temporary educational placement for a period of up to 45 days, other than the student’s current placement at the time the behavior precipitating the IAES placement occurred, that enables the student to continue to progress in the general curriculum, although in another setting, to continue to receive those services and modifications, including those described on the student’s current 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.

• The board, the district (BOCES) superintendent of schools or a building principal may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed five consecutive school days and not to exceed the amount of time a non-disabled student would be subject to suspension for the same behavior.
  
• 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 a student without a disability would be subject to discipline, but not more than 45 days, if the student carries or possesses a weapon to school or to a school function, or the student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function.

Weapon: The same as “dangerous weapon” under 18 U.S.C. § 930(g)(w) which includes “a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except...[for] a pocket knife with a blade of less than 2 1/2 inches in length.”