- Manhasset Union Free School District
- Policy Home Page
Board Policies
Page Navigation
- Policy Home Page
- Bylaws
- Series 0000: Philosophy
- Series 1000: Community Relations
- Series 2000: School Board Governance
- Series 3000: Administration
- Series 4000: Instruction
- Series 5000: Students
- Series 6000: Fiscal
- Series 7000: Facilities and Development
- Series 8000: Support Services
- Series 9000: Personnel
5300.40 - DISCIPLINARY PENALTIES, PROCEDURES AND REFERRALS
5000 - STUDENTS
5300.40 DISCIPLINARY PENALTIES, PROCEDURES AND REFERRALS
Last Updated Date: 07/06/2023
Revisions History: 07/14/2022, 08/03/2021, 07/07/2021, 07/09/2020, 07/15/2019, 01/18/2018, 07/26/2012, 03/15/2012, 06/21/2001, 7/14/2022
Related Policies & Documents: 0100, 0110, 0115, 4325.2, 4325.2R, 5030.1, 5300, 5300.05, 5300.10, 5300.15, 5300.20, 5300.25, 5300.35, 5300.45, 5300.50, 5300.55, 5300.60, 5300.65, 5300.70, 5300.75, 5445, 5454
5300.40 DISCIPLINARY PENALTIES, PROCEDURES AND REFERRALS
Consequences, and if needed discipline, are most effective when they deal directly with the problem at the time and place the problem occurs, and in a way that students view as fair and impartial. School personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students' ability to grow in self-discipline.
Disciplinary measures should address misbehaviors with the ultimate goal of teaching appropriate social behavior, so that students:
- Understand why the behavior is unacceptable and the harm it caused
- Understand what could have been done differently in the same situation
- Take responsibility for their actions
- Make reparations and or restitution to repair the harm done
- Be given the opportunity to learn pro-social strategies/skills to use in the future, and
- Understand the progression of more increasingly punitive consequences that may be imposed if the behavior reoccurs
Consequences and disciplinary action, when necessary, will be firm, fair and consistent so as to be the most effective in changing student behavior. In determining the appropriate disciplinary consequences, school personnel authorized to impose disciplinary consequences will consider the following:
- 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/guardians, teachers and/or others, as appropriate
- Other extenuating circumstances
As a general rule, consequences and discipline will be progressive. This means that a student's first violation will usually merit a lighter consequence than subsequent violations. However, District staff are empowered to utilize the consequence most reasonably calculated to ensure the student learns from their behavior and engages in more appropriate behavior in the future.
If the conduct of a student is related to a disability or suspected disability, the student will be referred to the Committee on Special Education and discipline, if warranted, will be administered consistent with the separate requirements of this Code of Conduct for disciplining students with a disability or presumed to have a disability. Generally, a student identified as having a disability will not be disciplined for behavior related to their disability.
I. Consequences
Students who are found to have demonstrated inappropriate behavior may be subject to the following interventions and consequences, either alone or in combination. The school personnel identified after each consequence are authorized to assign that consequence, consistent with the student’s right to due process.
- Verbal Warning
- Confiscation
- Removal from class
- Detention(s)
- Exclusion from event
- Student Support Personnel Intervention
- Notification of Appropriate Law Enforcement Agencies and/or Fire Marshal and possible complaint filed by these agencies
- Referral by Pupil Services Staff
- Parental/Guardian contact / Conference with Parents/Guardians / Parental/Guardian meeting / Parental/Guardian notification
- Referral by Pupil Services Staff for Outside Intervention
- Restitution
- Suspension (maximum five (5) consecutive days).
- Suspension (Superintendent’s hearing – greater than five (5) consecutive days
- Suspension from team and/or extracurricular or co-curricular activity
- Suspension from transportation
- Suspension (In school - ISS)
- Suspension (Out of School - OSS)
- Suspension (Social) – student may not participate in (or attend) any extracurricular or co-curricular activities. The student must leave campus immediately after school.
- Suspension of cafeteria / commons / Senior privilege area (SPA) and / or off-campus and / or library and / or school bus privileges.
In all cases, students who are referred for disciplinary offenses will be verbally reprimanded by the appropriate Building Principal / Administrator, who, in addition, will notify Parents/Guardians by telephone or in writing.
On the following pages is a list of possible offenses and the minimum corrective measures that may be imposed. The appropriate Building Principal / Administrator may impose more severe corrective measures beyond the minimum, where appropriate and in accordance with applicable law.
This is not an all-inclusive list of infractions / offenses. Appropriate corrective measures will be imposed by appropriate Building Principal / Administrator for other infractions which endanger the health, safety, morals or welfare of others.
Offenses |
Minimum Consequences |
Academic Dishonesty |
Refer to Policy #4325.2 - Academic Integrity |
Alcohol &/or Drug Offenses
|
1st Offense - Confiscation, three (3) days of Out of School Suspension (OSS), three (3) weeks of Social Suspension during which time the student may not participate in any extracurricular or co-curricular activities. In the case of illegal drugs and/or other illegal substances, the Police will also be notified. A breathalyzer test will be administered, when applicable, upon reasonable suspicion as per Policy #5445 - Breathalyzer Testing Policy
Subsequent Offense(s) - Confiscation, Out of School Suspension (OSS), Superintendent’s Hearing and removal from any team and/or extracurricular or co-curricular activity for the remainder of the school year. In the case of illegal drugs and/or other illegal substances, the police will also be notified.
|
Offenses |
Minimum Consequences |
Alcohol & Drug Offenses
|
Confiscation, Out of School Suspension (OSS), Superintendent’s Hearing, and Police Notification. Removal from any team and/or extracurricular or co-curricular activity for the remainder of the school year. |
|
|
Arson |
Out of School Suspension (OSS) |
Assault / Fighting - Physical |
Out of School Suspension (OSS) |
Assault / Verbal / Profanity |
Detention(s) or Suspension |
Attendance policy violation - Unexcused absences - individual periods)
|
Detention(s) |
Attendance policy violation – Excessive illegal lateness/absences – Truancy
|
Conference / Parent/Guardian meeting / In School Suspension (ISS) |
Attendance policy violation - Unexcused lateness – three (3) or more instances per quarter
|
Detention(s) |
Bias Statement and/or Action |
Detention(s) or Suspension |
Bullying / Cyberbullying / Intimidation |
Parental/Guardian contact / Guidance Intervention / Detention(s) - Refer to Policy #0115 - Student Harassment and Bullying Prevention & Intervention
|
Class Cutting |
Detention(s) |
Class Cutting (Excessive - More than three (3) days)
|
Detention(s) |
Defamation |
Parental/Guardian contact / Guidance Intervention / Detention(s)
|
Offenses |
Minimum Consequences |
Destruction of property / Vandalism |
Detention(s) / Out of School Suspension (OSS) / Restitution
|
Discrimination |
Parental/Guardian contact / Detention(s). Refer to Policy #0100 - Equal Opportunity and Nondiscrimination
|
Disrespect |
Parental/Guardian contact / Guidance Intervention / Detention(s)
|
Disruptive Behavior (Minor) |
Detention(s) |
Disruptive Behavior (Major) |
Detention(s) or Suspension |
Dress Code Violation |
Removal from Class / Change into appropriate attire
|
Endangering the welfare of oneself or of others
|
Out of School Suspension (OSS) |
Extortion |
Detention(s) / Out of School Suspension (OSS)
|
Failure to return school property |
Restitution |
Failure to follow school procedures |
Conference with Parents/Guardians |
Forgery |
Detention(s) |
Gambling |
Conference with Parents/Guardians / Detention(s) / Suspension
|
Harassment |
Parental/Guardian contact / Guidance Intervention / Detention(s). Refer to Policy #0115 - Student Harassment and Bullying Prevention & Intervention
|
Hazing (Initiation) |
Out of School Suspension (OSS) / Notify Police
|
Initiating a false report warning of fire or other catastrophe |
Out of School Suspension (OSS) and Notification to the Fire Marshall / appropriate public authorities
|
Offenses |
Minimum Consequences |
Insubordination |
Double Detention(s) or Suspension |
Leaving school without permission (Off Campus Violation) |
Double Detention(s) or In School Suspension (ISS) / Social Suspension ²
|
Loitering |
Social Suspension 1 |
Misuse of cafeteria / Inappropriate conduct
|
Withdrawal of cafeteria privileges |
Plagiarism |
Refer to Policy #4325.2 - Academic Integrity
|
Parking violations |
Conference / Detention(s) / Loss of parking privileges. Refer to Policy #5454 - District Parking Policy
|
Possession and/or distribution of obscene pictures and/or literature, whether in digital or non-digital form / Indecent Exposure
|
Confiscation and Conference with Parents/Guardians, Detention(s) / Suspension |
Possession of unauthorized electronic devices / Inappropriate use of technology or technological device
|
Verbal warning / Confiscation / Parent/Guardian meeting |
Possession and/or use of fireworks, stink bombs, water guns, etc.
|
Confiscation and Out of School Suspension |
Possession of a weapon |
Superintendent’s Hearing / Suspension |
Provoking and/or escalating an incident |
Parent/Guardian Notification / Detention(s) / Suspension
|
School bus misbehavior |
Parent/Guardian Notification / Short-term withdrawal of school bus privileges / Detention(s) / Suspension
|
Sexting |
Confiscation of electronic device / Parental/Guardian contact / Suspension / Police Notification, if applicable
|
Offenses |
Minimum Consequences |
Sexual Harassment |
Policy Refer to Policy #0110 on - Sexual Harassment, consequences include Suspension
|
Slander or libel |
Detention(s) / Suspension |
Smoking, Vaping or Possession or Use of Tobacco products including cigarettes, chewing tobacco, smokeless tobacco, electronic smoking devices, vaping devices or vaping products
|
1st Offense - Confiscation, Detention(s) or In School Suspension, and two (2) weeks of Social Suspension, during which time the student may not participate in any extracurricular or co-curricular activities. The record of the suspension will be expunged if the student attends a sanctioned smoking cessation program.
Subsequent Offense(s) - Confiscation, Out of School Suspension (OSS) and three (3) weeks of Social Suspension, during which time the student may not participate in any extracurricular or co-curricular activities.
|
Spectator Code Violation |
Warning / Exclusion from event |
Snowball / object throwing |
Detention(s) / Suspension |
Tampering with fire alarms and/or fire extinguisher.
|
Out of School Suspension and Notification to the Fire Marshall |
Theft |
Detention(s) / Out of School Suspension (OSS) & possible Police notification
|
1, 2 During Social Suspension, the student may neither participate in nor attend any extracurricular or co-curricular activities. The student must leave the campus immediately after school.
II. Procedures
The amount of due process a student is entitled to receive before a consequence is imposed depends on the consequence being imposed. In all cases, regardless of the consequence imposed, the Building Principal /Administration or school personnel authorized to impose the consequence must inform the student of the alleged inappropriate misbehavior and must investigate, to the extent necessary, the facts surrounding the alleged misbehavior. All students will have an opportunity to present their version of the facts to the Building Principal / Administration or school personnel imposing the disciplinary consequence, in connection with the imposition of the disciplinary consequence.
Students who are to be given consequences, other than an oral warning, written warning or written notification to their parents/guardians, are entitled to additional rights before the consequence is imposed. These additional rights are explained below.
- Detention
The Board of Education believes that detention is an effective method of consequence for students. A student who violates the student disciplinary code may be assigned detention by the Building Principal / Administration.
Teachers, Building Principals and the Superintendent may use after school detention as a consequence for student misbehavior in situations where removal from the classroom or suspension would be inappropriate.
Detention will be imposed as a consequence only after the student's parent/guardian has been notified to confirm that there is no parental/guardian objection to the consequence and the student has appropriate transportation home following detention.
- Suspension from Transportation
If a student does not conduct themselves properly on a bus, the bus driver is expected to bring such misbehavior to the attention of the Building Principal. Students who become a serious disciplinary problem may have their riding privileges suspended by the Building Principal or the Superintendent or designees.
In such cases, the student's parent/guardian will become responsible for seeing that their child safely gets to and from school. 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/guardian will be provided with a reasonable opportunity for an informal meeting with the Building Principal or the Building Principal’s designee to discuss the conduct and the consequence involved.
- Suspension from athletic participation, extra-curricular activities, and other privileges
A student subjected to a suspension from athletic participation, extra-curricular activities or other privileges is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student's parent/guardian will be provided with a reasonable opportunity for an informal meeting with the District official imposing the suspension to discuss the conduct and the consequence involved.
- In-school Suspension (ISS)
The Board recognizes the school must balance the need of students to attend school and the need for order in the classroom in establishing an environment conducive to learning. As such, the Board authorizes Building Principals / Administration and the Superintendent to place students who would otherwise be suspended from school as the result of a Code of Conduct violation in an "In-School Suspension."
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/guardian will be provided with a reasonable opportunity for an informal meeting with the District official imposing the In-School Suspension to discuss the conduct and the consequence 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 their composure and self-control in an alternative setting. Such practices may include, but are not limited to:
-
-
- Short-term "time out" in an elementary classroom or in an alternate location;
- Sending a student to the Building Principal’s or an administrator’s office for the remainder of the class time only;
- 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 of Conduct. However, in the case of a persistently disruptive student, school personnel may refer that child to the school’s Instructional Support Team, at which time the teacher will be invited to present their concerns about the disruptive student.
Teachers should first use interventions aimed at teaching appropriate and responsible behaviors, so students can learn and demonstrate safe and respectful academic, social and emotional behavior. Examples of these include using affective statements, using affective questions, establishing relationship with students, giving positive directives that state expectations, and giving positive and specific feedback.
On occasion, a student's behavior may become more disruptive than a teacher can manage. 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 (2) 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 the student is being removed and an opportunity to explain their 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 the student was removed from the classroom and give the student a chance within 24-hours to present their version of the relevant events.
The teacher must complete a District-established disciplinary removal form and meet with the Building Principal or 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 Building 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 Building Principal or designee prior to the beginning of classes on the next school day.
Within 24 hours after the student's removal, the Building Principal or another District administrator designated by the Building Principal must notify the student's parent/guardian, in writing, that the student has been removed from class and why. The notice must also inform the parent/guardian that he/she has the right, upon request, to meet informally with the Building Principal or the Building Principal's designee to discuss the reasons for the removal.
The written notice must be provided by means that are reasonably calculated to assure receipt of the notice within 24 hours of the student's removal at the last known address for the parent(s)/guardian(s). 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/guardians.
The Building Principal may require the teacher who ordered the removal to attend the informal meeting. This meeting will be arranged at a mutually agreed upon time.
If the student denies the charges at the informal meeting, the Building Principal or the Building Principal's designee must explain why the student was removed and give the student and the student's parents/guardian a chance to present the student's version of the relevant events. The informal meeting must be held within forty-eight (48) hours of the student's removal. The timing of the informal meeting may be extended by mutual agreement of the parent/guardian and Building Principal.
The Building Principal or designee may overturn the removal of the student from class if the Building 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.
-
If a meeting is requested, the Building Principal or 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 meeting. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the Building 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 will be offered continued educational opportunity until the student is permitted to return to the classroom. This opportunity will take different forms as determined by the administration. Records of all classroom removals will be maintained on a District provided referral form.
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 class until the teacher has verified with the Building 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. Teacher training in this area will be provided by the District.
- Suspension from School/Out of School Suspension (OSS)
Suspension from school is a severe consequence, which may be imposed only upon students who are severely 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 Building Principal that a student be suspended. All staff members must immediately report and refer a violent student to the Building Principal or the Superintendent for a violation of the Code of Conduct. All recommendations or referrals should 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 Building Principal, upon receiving a recommendation or referral for suspension or when processing a case for suspension, will gather the facts relevant to the matter and record them for subsequent presentation, if necessary.
- Short term (maximum five (5) days) Out of School Suspension
When the Superintendent or Building Principal (referred to as the "suspending authority") proposes to suspend a student charged with misbehavior for five (5) days or less pursuant to Education Law §3214(3), the suspending authority must immediately notify the student or parent/guardian orally. If the student denies the misbehavior, the suspending authority must provide an explanation of the basis for the proposed suspension. The suspending authority must also notify the student's parents/guardians, in writing, that the student may be suspended from school. The written notice must be provided by personal delivery, express mail delivery, at the last known address for the parents/guardians or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the decision to propose suspension. If the school has been provided with a telephone number(s) for the purpose of contacting the parents/guardians, where possible, notice should also be provided by telephone.
The notice will provide a description of the charges against the student and the incident for which suspension is proposed and will inform the parents/guardians of the right to request an immediate informal conference with the Building Principal. Both the notice and informal conference will be in the dominant language or mode of communication used by the parents/guardians. At the conference, the parents/guardians will be permitted to ask questions of complaining witnesses under such procedures as may be established by the Building Principal.
The notice and opportunity for an informal conference will 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 will take place as soon as is reasonably practicable after the suspension.
After the conference, the Building Principal will promptly advise the parents/guardians in writing of their decision. The Building Principal will advise the parents/guardians 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 (5) business days, unless they can show extraordinary circumstances precluding them from doing so within that timeframe. The Superintendent will issue a written decision regarding the appeal within ten (10) business days of receiving the appeal. If the parents/guardians are not satisfied with the Superintendent’s decision, they must file a written appeal to the Board of Education with the District Clerk within ten (10) business days of the date of the Superintendent's decision, unless they can show extraordinary circumstances precluding them from doing so within that timeframe. Only final decisions of the Board may be appealed to the Commissioner of Education within thirty (30) days of the decision.
- Long term (more than five (5) days) Out of School Suspension
When the Superintendent or Building Principal determines that a suspension for more than five (5) days may be warranted, he/or she will give reasonable notice to the student and the student's parents/guardians of their right to a fair hearing. At the hearing, the student will have the right to be represented by counsel, the right to question witnesses against the student, and the right to present relevant witnesses and other relevant evidence on their own behalf. The Superintendent will personally hear and determine the proceeding or may, in their discretion, designate a hearing officer to conduct the hearing. The hearing officer will be authorized to administer oaths and to issue subpoenas in conjunction with the proceeding before them.
A record of the hearing will be maintained, but no stenographic transcript will be required. A tape recording will be deemed a satisfactory record. The hearing officer will make findings of fact and recommendations as to the appropriate measure of discipline to the Superintendent. The report of the hearing officer will 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 thirty (30) days of the date of the Superintendent's decision, unless the parents/guardians can show that extraordinary circumstances precluded them from doing so within that timeframe. 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 of Education within thirty (30) days of the decision.
- Procedure after Suspension
The Board may condition a student’s early return from a suspension on the student’s voluntary participation in counseling or specialized classes, such as anger management or dispute resolution. The Board retains discretion in offering this opportunity. If and when the student and/or parent/guardian agrees to this option, the terms and conditions will be specified in writing. However, if the student violates the agreed upon terms and conditions within a certain time period, the unserved portion of the suspension may be re-imposed.
- 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, such as a gun, knife, explosive or incendiary bomb, or other dangerous instrument capable of causing physical injury or death, onto school property will be subject to suspension from school for at least one (1) 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 (1)-year suspension on a case-by-case basis. In deciding whether to modify the consequence, 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/guardians, teachers and/or others
- Other extenuating circumstances
-
-
A student with a disability may be suspended only in accordance with the requirements of state and federal law.
-
- 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, will be subject to suspension from school for at least five days. If the proposed consequence is a minimum of five (5) days based on the age of the student and the severity of the incident, the student and the student's parent(s)/guardian(s) 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 consequence exceeds the minimum five (5)-day suspension, the student and the student's parent(s)/guardian(s) 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 (5)-day suspension on a case-by-case basis. In deciding whether to modify the consequence, the Superintendent may consider the same factors considered in modifying a one (1)-year suspension for possessing a weapon.
-
- Students who are repeatedly substantially disruptive of the educational process or repeatedly substantially interfere 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 substantially interferes with the teacher’s authority over the classroom will be suspended from school for at least five (5) 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 of Conduct on four (4) or more occasions during a semester. If the proposed consequence is the minimum five (5)-day suspension, the student and the student's parent(s)/guardian(s) 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 consequence exceeds the minimum five (5)-day suspension, the student and the student's parent(s)/guardian(s) 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 (5)-day suspension on a case-by-case basis. In deciding whether to modify the consequence, the Superintendent may consider the same factors considered in modifying a one (1)-year suspension for possessing a weapon.
- Referrals
-
- Counseling
-
The Guidance Office / Social Worker will 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.
- Being ungovernable, or habitually disobedient and beyond the lawful control of the school.
- Engaging in prostitution in violation of Penal Law §230.00 (engaging or agreeing or offering to engage in sexual conduct with another person in return for a fee); or.
- Appearing to be a sexually exploited child under Social Services Law §447-a(1)(a), (c), or (d), but the student must consent to filing the PINS petition.
For items ‘a’ and ‘b’ above, when filing the petition, the district must describe the diversion efforts it has undertaken or services provided to the student, and the grounds for concluding the allegations cannot be resolved without the petition.
-
-
- Juvenile Delinquents and Juvenile Offenders
-
The Superintendent is required to refer the following students to the appropriate Law Enforcement Authorities for prosecution by the County Attorney for a juvenile delinquency proceeding before the Family Court.
For students found to have brought either a weapon (defined in 18 USC §930(g)(2) or firearm (defined in 18 USC §921), the Superintendent is required to make the following referrals:
-
- To the County Attorney for a juvenile delinquency proceeding before the Family Court:
All students under age 16, except students age 14 or 15 who qualify for juvenile offender status under the Criminal Procedure Law 1.20(42).
-
- To the appropriate law enforcement authorities:
All students age 16 or older, and all student age 14 or 15 who qualify for juvenile offender status under Criminal Procedure Law 1.20(42).
As a reminder, a dangerous weapon under 18 USC §930(g)(2) is: any 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 less than 2½ inches long. A firearm under 18 USC §921 is: any weapon which will, or is designed to, or may readily be converted to expel a projectile by an explosive; or the frame or receiver of such weapon, or any firearm muffler or silencer; or any destructive device (e.g., bomb, grenade, rocket missile, mine, etc.); however this does not include antique firearms (e.g., those from 1898 or prior, or certain replicas).
Policy References
« Back | Back To Policy Series | Print This Document | Print Entire Series