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Article 15 - Code Of Conduct
| Section 15.1 | Purpose |
| Section 15.2 | Definitions |
| Section 15.3 | Student Rights |
| Section 15.4 | Student Responsibilities |
| Section 15.5 | Student Dress Code |
| Section 15.6 | Required Student Conduct |
| Section 15.7 | Required Public Conduct |
| Section 15.8 | Violent Conduct Prohibited |
| Section 15.9 | Academic Misconduct Prohibited |
| Section 15.10 | Disruptive Conduct Prohibited |
| Section 15.11 | Improper / Illegal Conduct Prohibited |
| Section 15.12 | Insubordinate Conduct Prohibited |
| Section 15.13 | Procedure For Reporting Violations |
| Section 15.14 | Rights of Teachers To Remove Disruptive Students |
| Section 15.15 | Enforcement & Disciplinary Action - General Principles |
| Section 15.16 | Penalties |
| Section 15.17 | Minimum Penalties For Violent & Repeatedly Disruptive Conduct |
| Section 15.18 | Referrals To Law Enforcement, Presentment & Human Services Agencies |
| Section 15.19 | Disciplinary Procedures -- Conduct Not Implicating Suspension From School |
| Section 15.20 | Disciplinary Procedures B Conduct Implicating Short-Term Suspension |
| Section 15.21 | Disciplinary Procedures B Conduct Implicating Long-Term Or Permanent Suspension |
| Section 15.22 | Appeals |
| Section 15.23 | Continuation of Educational Services |
| Section 15.24 | Discipline of Students With Disabilities |
| Section 15.25 | Special Rules Regarding the Suspension or Removal of Students with Disabilities |
| Section 15.26 | Visitors to the Schools |
| Section 15.27 | Notice to Students, Parents & Public |
Article 15
CODE OF CONDUCT
Adopted 7/02/02
(A) This code of conduct ("code") is adopted in order to:
(1) provide a safe and orderly school environment where students may receive and District personnel may deliver quality educational services without disruption or interference;
(2) clearly define acceptable conduct on school property,
(3) promote behavior on school property and at school functions which exhibits principles of civility, mutual respect, citizenship, character, tolerance, honesty and integrity;
(4) identify the possible consequences of unacceptable conduct; and
(5) ensure that discipline when necessary is administered promptly and fairly.
(B) Unless otherwise indicated, this code applies to all students, school personnel, parents and other visitors when on school property or attending a school function.
For purposes of this code, the following definitions apply:
(A) "Disruptive student" means an elementary or secondary student under the age of 21 who is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom.
(B) "Enforcing Officer" means a building principal or his/her designee.
(C) "illegal substances" and "illegal drugs" means a controlled substance not legally possessed or used under the supervision of a licensed health-care professional or under any state or federal law, and shall include but not be limited to inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, any substances commonly referred to as “designer drugs”, and any other substance which state or federal law prohibits persons from possessing and/or using.
(D) "Improper conduct" means any conduct that endangers the safety, morals, health or welfare of others,
(E) "Parent" means parent, guardian or person in parental relation to a student.
(F) "School property" means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school, or in or on a school bus, as defined in Vehicle and Traffic Law 142.
(G) "School function" means any school-sponsored extra-curricular event or activity.
(H) "Violent student" means a student under the age of 21 who:
(1) while on school property or at a school function,
(a) commits or attempts to commit an act of violence upon another student, a school employee, or any other person lawfully on school property or at the school function; or
(b) possesses a weapon; or
(c) displays what appears to be a weapon; or.
(d) threatens to use a weapon.
(2) 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.
(3) Knowingly and intentionally damages or destroys school District property.
(I) "Weapon" means
(1) a firearm as defined in 18 USC '921 for purposes of the Gun-Free Schools Act; or
(2) a dangerous weapon under 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 '/2inches in length"; or
(3) any other knife, 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.
All District students have the right to:
(A) Take part in all District activities on an equal basis regardless of race, color, creed, national origin, religion, gender or sexual orientation or disability.
(B) Present their version of the relevant events to school personnel authorized to impose a disciplinary penalty in connection with the imposition of the penalty.
(C) Access school rules and, when necessary, receive an explanation of those rules from school personnel.
Section 15.4 Student Responsibilities
All District students have the responsibility to:
(A) Contribute to maintaining a safe and orderly school environment that is conducive to learning and to show respect to other persons and to property.
(B) Be familiar with and abide by all District policies, rules and regulations dealing with student conduct.
(C) Attend school every day unless they are legally excused and be in class, on time, and prepared to learn.
(D) Work to the best of their ability in all academic and extracurricular pursuits and strive toward their highest level of achievement possible.
(E) React to direction given by teachers, administrators and other school personnel in a respectful, positive manner.
(F) Work to develop mechanisms to control their anger.
(G) Ask questions when they do not understand.
(H) Seek help in solving problems that might lead to discipline.
(I) Dress appropriately for school and school functions.
(J) Accept responsibility for their actions, including the consequences for failing to act appropriately.
(K) Conduct themselves as representatives of the District when participating in or attending school-sponsored extracurricular events and to hold themselves to the highest standards of conduct, demeanor, and sportsmanship.
Section 15.5 Student Dress Code
(A) All students are expected to give proper attention to personal cleanliness and to dress appropriately for school and school functions. Students and their parents have the primary responsibility for acceptable student dress and appearance.
(B) Teachers and all other District personnel should exemplify and reinforce acceptable student dress and help students develop an understanding of appropriate appearance in the school setting.
(C) A student's dress, grooming and appearance, including hair style/color, jewelry, make-up and nails, shall:
(1) be safe, appropriate and not disrupt or interfere with the educational process;
(2) recognize that extremely brief garments such as tube tops, net tops, halter tops, spaghetti straps, plunging necklines (front and/or back) and see-through garments are not appropriate;
(3) ensure that underwear is completely covered with outer clothing;
(4) include footwear at all times, except that footwear that is a safety hazard shall not be allowed;
(5) not include the wearing of hats or other headwear in any school building except for a medical or religious purpose;
(6) not include items that are vulgar, obscene, libelous or denigrate others on account of race, color, religion, creed, national origin, gender, sexual orientation or disability;
(7) not promote and/or endorse the use of alcohol, tobacco or illegal drugs and/or encourage other illegal or violent activities;
(D) Each enforcing officer shall have the authority to determine whether any particular student's clothing violates this dress code.
(E) 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.
Section 15.6 Required Student Conduct
(A) Each student shall conduct himself/herself 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.
(B) All students are required to promptly report violations of the code of conduct to a teacher, guidance counselor, the building principal or his or her designee.
(C) Any student observing a student or any other person 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.
Section 15.7 Required Public Conduct
All persons on school property or attending a school function shall conduct themselves in a respectful and orderly manner, and shall be properly attired for the purpose they are on school property; except that nothing herein shall limit constitutionally protected freedom of speech or peaceful assembly.
Section 15.8 Violent Conduct Prohibited
No student or other person shall engage or participate in conduct that is violent, including but not limited to:
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1. Committing, or attempting to commit, an act of violence (such as hitting, kicking, punching, and scratching) upon a student, school employee or any other person lawfully on school property. 2. Possessing a weapon while on school property or at a school function. 3. Displaying what appears to be a weapon. 4. Intentionally damaging or destroying school District property. 5. Intentionally injure, or threaten to injure, any person. |
6. Threatening to use any weapon. 7. Intentionally damaging or destroying the personal property of a student, school employee, or of any other person lawfully on school property, including graffiti or arson. 8. Cause or threaten to cause physical injury to another person for the purpose of compelling or inducing such other person to refrain from any act which that person has a lawful right to do, or to do any act which that person has a lawful right not to do. |
Section 15.9 Academic Misconduct Prohibited
No student or other person shall engage in any form of academic misconduct, including but not limited to plagiarism, cheating, copying, altering records, or assisting another student in any such misconduct.
Section 15.10 Disruptive Conduct Prohibited
No student or other person shall engage or participate in conduct that is disruptive, including but not limited to:
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1. Pushing, shoving, fighting, and/or excessive noise. 2. Failing to comply with the reasonable directions of any member of the school staff. 3. Engaging in any conduct while on a school bus which impairs or adversely affects their own safety and/or that of other passengers, which distracts the bus driver, or which is not consistent with established standards for classroom behavior. 4. Willfully incite others to commit any of the acts prohibited by this code. |
4. Disrupt or prevent the peaceful and orderly conduct of classes, lectures and meetings or deliberately interfere with the freedom of any person to express his/her views, including invited speakers. 5. Refuse to leave any building or facility after being required to do so by a school employee. 6. Obstruct the free movement of persons or vehicles on school property. 7. Using a cell phone in a classroom, or anywhere on school property during an emergency situation. |
Section 15.11 Improper / Illegal Conduct Prohibited
No student or other person shall engage in conduct that is improper or illegal, including but not limited to:
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1. Lying to school personnel. 2. Stealing the property of other students, school personnel or any other person lawfully on school property or attending a school function. 3. Defamation - making false or unprivileged statements or representations about an individual or identifiable group of individuals which harm the reputation of the person or the group by demeaning them. 4 Discrimination - treating another person or group in a negative manner based upon the use of race, color, creed, national origin, religion, gender, sexual orientation or disability. 5. Harassment - 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. 6. Intimidation - engaging in actions or statements that put an individual in fear of bodily harm. 7. Using vulgar or abusive language, cursing or swearing. 8. Without permission, expressed or implied, enter into any private office of an administrative officer, member of the faculty or staff member. 9. Without authorization, remain in any building or facility after it is normally closed. 10. Violate the traffic laws, parking regulations or other restrictions on vehicles, including bicycles. 11. Loiter on or about school property. |
12. Hazing - 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. 13. Selling, using or possessing obscene material. 14. Performing any act which violates any Federal, State, County, Town or Village law, or board policy while on school property or at a school function. 15. Smoking a cigarette, cigar, pipe or using chewing or smokeless tobacco. 16. Possessing, consuming, selling, distributing or exchanging alcoholic beverages or illegal sub-stances, or being under the influence of either. 17. Inappropriately using or sharing prescription and over-the-counter drugs. 18. Gambling. 19. Indecent exposure - exposure to sight of the private parts of the body in a lewd or indecent manner. 20. Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher. 21. Physically restrain or detain any other person, nor remove such person from any place where he/she is authorized to remain. 22. Enter upon and remain in any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others. |
Section 15.12 Insubordinate Conduct Prohibited
No student or other person shall engage or participate in conduct that is insubordinate, including but not limited to the following
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1. Failing to comply with the reasonable directions of any member of the school staff, or otherwise demonstrating disrespect. 2. Lateness for, missing or leaving school without permission. |
3. Refuse to leave any building or facility after being required to do so by an authorized administrative officer, member of the faculty or staff member; 4. Skipping detention. |
Section 15.13 Procedure For Reporting Violations
(A) Any violation of this code shall be promptly reported:
(1) by a student, to a teacher, guidance counselor, the building principal or other member of the school staff;
(2) by District staff, to an enforcing officer or the superintendent.
(B) All staff members shall immediately report and refer a violent student to the principal or the superintendent for a violation of the code of conduct.
(C) Any weapon, alcohol or illegal substance found shall be confiscated immediately, if possible, followed by notification to the parent of the student involved and possible referral to the appropriate law enforcement agency for prosecution.
(D) The enforcing officer must notify the appropriate local law enforcement agency of those code violations that may 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. Notification
(1) may be made by telephone, followed by a letter mailed the same day; and
(2) must identify the student and explain the conduct which may constitute a crime.
Section 15.14 Rights of Teachers To Remove Disruptive Students
(A) Any teacher shall have the power and authority to remove a disruptive student, as defined in Section 15.2, from such teacher's classroom in accordance with the following procedure:
(1) the teacher shall inform the student and the principal of the reasons for the removal;
(2) if the teacher finds that the student's continued presence in the classroom does not pose a continuing danger to persons or property and does not present an ongoing threat of disruption to the academic process, the teacher shall, prior to removing the student from the classroom, provide the student with an explanation of the basis for the removal and allow the student to informally present the student's version of relevant events;
(3) in all other cases, the teacher shall provide the student with an explanation of the basis for the removal and an informal opportunity to be heard within 24 hours of the student's removal;
(4) the principal shall inform the person in parental relation to such student of the removal and the reasons therefore within 24 hours of the student's removal;
(5) the student and the person in parental relation shall, upon request, be given an opportunity for an informal conference with the principal to discuss the reasons for the removal;
(6) if the student denies the charges, the principal shall provide an explanation of the basis for the removal and allow the student and/or person in parental relation to the student an opportunity to present the student's version of relevant events;
(7) such informal hearing shall be held within 48 hours of the student's removal;
(8) the principal shall not set aside the discipline imposed by the teacher unless the principal finds that the charges against the student are not supported by substantial evidence or that the student's removal is otherwise in violation of law or that the conduct warrants suspension from school pursuant to this code and a suspension will be imposed;
(9) the principal's determination made pursuant to this paragraph shall be made by the close of business on the day succeeding the 48 hour period for an informal hearing contained in subparagraph 7 above;
(10) no student shall return to the classroom until the principal makes a final determination pursuant to subparagraph (9) above or the period of removal expires, whichever is less.
(B) Nothing in this section shall authorize the removal of a student in violation of any state or federal law or regulation.
Section 15.15 Enforcement & Disciplinary Action - General Principles
(A) Upon receipt of information which, if true, indicates that conduct in violation of this code has been committed, the enforcing officer shall:
(1) inform the student of the alleged misconduct; and
(2) give the student the opportunity to present their version of the facts to the enforcing officer either in writing or verbally; and
(3) investigate, to the extent necessary, the facts surrounding the alleged misconduct.
(B) Any staff member may recommend to the superintendent or the principal that a student be suspended. 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.
(C) Disciplinary action will be
(1) firm, fair, consistent, taken only when necessary, and designed to change student behavior and promote the student's ability to grow in self-discipline; and
(2) progressive in nature B a student's first violation will usually merit a lighter penalty than subsequent violations.
(D) 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.
(E) While the board retains its authority to suspend students and reserves the District's right to pursue a civil or criminal legal action against any person violating this code, it hereby delegates to the superintendent and the enforcing officers the primary responsibility for
(1) enforcing this code,
(2) imposing disciplinary action against any student or staff member in accordance with this code, and
(3) for the suspension of students.
(F) In determining the appropriate disciplinary action, the building principal authorized to impose disciplinary penalties will consider the following:
(1) the student's age;
(2) the nature of the offense and the circumstances which led to the offense;
(3) the student's prior disciplinary record;
(4) the effectiveness of other forms of discipline;
(5) information from parents, teachers and/or others, as appropriate;
(6) other extenuating circumstances.
(A) The actual penalties or punishment imposed upon a student who violates this code of conduct will depend upon the particular circumstances of the student's conduct. The severity of the offense, whether another person was injured or property damaged, the student's prior history (if any) of misconduct, and other important factors will all be taken into account in determining the appropriate and fair penalty or punishment which will be imposed.
(B) One or more of the penalties specified below may, in the judgment of the enforcing officer, be imposed for any act which violates this code of conduct:
(1) Warning -- verbal or written.
(2) Detention -- after school where removal from the classroom or suspension is inappropriate.
(3) Suspension from transportation -- where a student does not conduct himself/herself properly on a bus. 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.
(4) Suspension from athletic participation, extra curricular activities and other privileges.
(5) In-school suspension -- where the enforcing officer determines it to be appropriate to balance the need of students to attend school with the need for order in the classroom to establish an environment conducive to learning.
(6) Suspension from school -- a severe penalty to 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. Suspension may either be short-term (5 days or less) or long-term (more than 5 days), and in either case the provisions of Education Law '3214 shall apply.
(7) Permanent suspension - the most severe penalty to be imposed in extraordinary circumstances such as where 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.
(C) A person other than a student who violates any provision of this code shall be subject to removal from school District property, to being barred from school District property for a period of time to be determined by the superintendent, and to any and all civil or criminal penalties allowed by law. The enforcing officers and superintendent shall:
(1) immediately report to the appropriate law enforcement authorities any conduct by a person other than a student which may reasonably be criminal in nature, and
2) may request the assistance of any law enforcement authorities in removing any person violating this code from school property.
Section 15.17 Minimum Penalties For Violent & Repeatedly Disruptive Conduct
(A) Any student found guilty of bringing a weapon to school shall be subject to a minimum penalty of 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 using the criteria set forth in Section 15.15 (F).
(B) Any student found guilty of committing a violent act other than bringing a weapon to school shall be subject to minimum suspension from school for at least five days. In such cases, 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 suspension imposed on a case-by case basis using the criteria set forth in Section 15.15 (F).
(C) Any student who repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom be subject to minimum suspension from school for at least five days, provided that the suspending authority may reduce such period on a case by case basis to be consistent with any other state and federal law. For purposes of this paragraph, the definition of "repeatedly is substantially disruptive" shall be determined in accordance with the regulations of the Commissioner.
(D) Nothing in this code shall be deemed to authorize the suspension of a student with a disability in violation of the individuals with disabilities education act or article eighty‑nine of the Education Law.
Section 15.18 Referrals To Law Enforcement, Presentment & Human Services Agencies
(A) The superintendent shall refer a student under the age of sixteen, except a student fourteen or fifteen years of age who qualifies for juvenile offender status under subdivision forty‑two of section 1.20 of the criminal procedure law, who has been determined to have brought a weapon to school in violation of this code to a presentment agency for a juvenile delinquency proceeding consistent with article three of the family court act.
(B) The superintendent shall refer any student sixteen years of age or older, or a student fourteen or fifteen years of age who qualifies for juvenile offender status under subdivision forty‑two of section 1.20 of the criminal procedure law, who has been determined to have brought a weapon to school in violation of this subdivision to the appropriate law enforcement officials.
(C) The Guidance Office shall handle all referrals of students to human services agencies for counseling and/or other services.
(D) 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:
(1) being habitually truant and not attending school as required by part one of Article 65 of the Education Law; or
(2) 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; or
(3) knowingly and unlawfully possessing marijuana in violation of Penal Law 221.05 (a single violation will be sufficient to file a PINS petition).
Section 15.19 Disciplinary Procedures -- Conduct Not Implicating Suspension From School
(A) Whenever the enforcing officer determines that the alleged conduct, if true, is of such a nature that the ultimate penalty which may be imposed consists of an oral or written warning, and/or written notification to the student's parents, the student shall have no additional rights to a formal hearing or appeal.
(B) If the enforcing officer determines that the alleged conduct, if true, is of such a nature that the ultimate penalty which may be imposed consists of detention, detention may be imposed only after the student's parent has been notified. The student shall have no additional rights to a formal hearing or appeal.
(C) If the enforcing officer determines that the alleged conduct, if true, is of such a nature that the ultimate penalty which may be imposed consists of at least one of the following penalties, the student and the student's parent(s) shall 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:
(1) suspension from transportation;
(2) suspension from athletic participation, extra-curricular activities or other privileges;
(3) in-school suspension.
In such cases, neither the student nor his/her parent(s) are entitled to a full hearing pursuant to Education Law 3214, but may appeal to the superintendent.
Section 15.20 Disciplinary Procedures B Conduct Implicating Short-Term Suspension
(A) If the enforcing officer or superintendent (the suspending authority) determines that the alleged conduct, if true, is of such a nature that the ultimate penalty which may be imposed consists of a short-term suspension (5 days or less), the following procedures required by Education Law 3214 shall be followed:
(1) the suspending authority shall provide the student with notice of the charged misconduct;
(2) if the student denies the misconduct, the suspending authority shall provide an explanation of the basis for the suspension;
(3) the student and the person in parental relation to the student shall, on request, be given an opportunity for an informal conference with the principal at which the student and/or person in parental relation shall be authorized to present the student's version of the event and to ask questions of the complaining witnesses;
(4) the aforesaid notice and opportunity for an informal conference shall take place prior to suspension of the student unless the student's presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, in which case the student's notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practicable.
(B) A teacher shall immediately report and refer a violent student and/or a repeatedly disruptive student to the principal or superintendent for a violation of the code of conduct and a minimum suspension period pursuant to Section 15.17 of this code.
Section 15.21 Disciplinary Procedures B Conduct Implicating Long-Term Or Permanent Suspension
(A) If the enforcing officer or superintendent (the suspending authority) determines that the alleged conduct, if true, is of such a nature that the ultimate penalty which may be imposed consists of a long-term suspension (more than 5 days) or a permanent suspension, the following procedures required by Education Law 3214 shall be followed:
(1) the student and the person in parental relation to such student shall have an opportunity for a fair hearing, upon reasonable notice, at which such student shall have the right of representation by counsel, with the right to question witnesses against such student and to present witnesses and other evidence on his behalf;
(2) where a student has been suspended in accordance with this section by the superintendent, the superintendent shall personally hear and determine the proceeding or may, in his discretion, designate a hearing officer to conduct the hearing, in which event the following procedures shall apply:
(a) the hearing officer shall be authorized to administer oaths and to issue subpoenas in conjunction with the proceeding before him/her;
(b) a record of the hearing shall be maintained, but no stenographic transcript shall be required and a tape recording shall be deemed a satisfactory record;
(c) the hearing officer shall make findings of fact and recommendations as to the appropriate measure of discipline to the superintendent;
(d) the report of the hearing officer shall be advisory only, and the superintendent may accept all or any part thereof;
(3) an appeal will lie from the decision of the superintendent to the Board of Education who shall make its decision solely upon the record before it. The board may adopt in whole or in part the decision of the superintendent of schools;
(4) where the basis for the suspension is, in whole or in part, the possession on school grounds or school property by the student of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, stiletto or any of the weapons, instruments or appliances specified in subdivision one of section 265.01 of the penal law, the hearing officer or superintendent shall not be barred from considering the admissibility of such weapon, instrument or appliance as evidence, notwithstanding a determination by a court in a criminal or juvenile delinquency proceeding that the recovery of such weapon, instrument or appliance was the result of an unlawful search or seizure.
(B) Where a student has been suspended in accordance with this section by the Board of Education, the Board may in its discretion hear and determine the proceeding or appoint a hearing officer who shall have the same powers and duties with respect to the Board that a hearing officer has with respect to a superintendent where the suspension was ordered by him. The findings and recommendations of the hearing officer conducting the proceeding shall be advisory and subject to final action by the Board of Education, each member of which shall before voting review the testimony and acquaint himself/herself with the evidence in the case. The Board may reject, confirm or modify the conclusions of the hearing officer.
(A) A student and/or his/her parent(s) may appeal to the Superintendent from a decision of an enforcing officer to impose a disciplinary penalty pursuant to Sections 15.19(C) or 15.20 by serving upon the Superintendent a written request within 5 days of the date of that decision.
(B) A decision of the Superintendent may be appealed to the Board of Education by the student's parent(s) by filing a written request with 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's decision shall be based solely upon the record before it, and the board may adopt in whole or in part the decision of the Superintendent.
(C) Final decisions of the board may be appealed to the Commissioner within 30 days of the decision.
Section 15.23 Continuation of Educational Services
(A) Where a student who is of compulsory attendance age has been suspended pursuant to Sections 15.20 and 15.21, immediate steps shall be taken for his or her attendance upon instruction elsewhere or for supervision or detention of said student pursuant to the provisions of article seven of the family court act.
(B) Where a penalty of detention or in-school suspension has been imposed, or a student has been removed from the classroom pursuant to Section 15.14, the student shall be furnished with continued educational programming and activities.
(C) Where a student who is not of compulsory attendance age has been suspended pursuant to Sections 15.20 or 15.21, the student shall be informed of the availability of instructional programs and services elsewhere such as GED programs.
(D) Where a student has been suspended for cause, the suspension may be revoked by the Board of Education whenever it appears to be for the best interest of the school and the student to do so.
Section 15.24 Discipline of Students With Disabilities
(A) As used in this section and Section 15.25, the terms below shall have the meanings indicated:
(1) "student with a disability" shall mean a person under the age of 21 who is entitled to attend public schools under the Education Law and who, because of mental, physical or emotional reasons can only receive appropriate educational opportunities from a program of special education, or such other meaning as defined in section 4401of the Education Law.
(2) "student presumed to have a disability for discipline purposes" shall mean a student who the school District is deemed to have knowledge was a student with a disability before the behavior that precipitated disciplinary action under the criteria in subsection (k)(8) of section fourteen hundred fifteen of title twenty of the United States code and the federal regulations implementing such statute. 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 (1) conducted an individual evaluation and determined that the student is not a student with a disability, or (2) 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.
(3) "day," "business day," and "school day" shall be as defined in section 300.9 of title thirty‑four of the code of federal regulations;
(4) "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 harm to himself or herself or others.
(5) "IAES" means 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 students" 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.
(6) "disciplinary change in placement" means a suspension or removal from a student's current educational placement that is either (1) for more than 10 consecutive school days, or (2) for a period of 10 consecutive school days or less if the student is subject 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 suspension or removals to one another.
(B) Notwithstanding any other provision of this code to the contrary, a student with a disability and a student presumed to have a disability for discipline purposes, may be suspended or removed from his or her current educational placement for violation of school rules only in accordance with the procedures established in this section, the regulations of the Commissioner, and subsection (k) of section fourteen hundred fifteen of title twenty of the United States code and the federal regulations implementing such statute, as such federal law and regulations are from time to time amended.
(C) Nothing in this code shall be construed to:
(1) confer greater rights on students with disabilities than are conferred under applicable federal law and regulations, or
(2) limit the ability of a school District to change the educational placement of a student with a disability in accordance with the procedures in article eighty‑nine of the Education Law, or
(3) authorize the suspension or removal of a student with a disability from his or her current educational placement for violation of school rules following a determination by the committee on special education that the behavior is a manifestation of the student's disability, except as authorized under federal law and regulations.
(D) School personnel may order the suspension or removal of a student with a disability from his or her current placement as follows:
(1) the Board of Education, 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;
(2) 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 (1) 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;