CODE OF CONDUCT

The Board of Education (“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. It is the Board’s belief that each individual should be treated as a person who can reasonably be expected to be responsible for his/her own behavior. The school administration will assist each student in a program of personal responsibility with sensible rules of conduct, based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty and integrity with a focus on safety and respect for the rights and property of others. This program will consistently be applied in all classrooms and throughout the school community.

The Board recognizes the need to clearly define expectations for acceptable conduct on school property, to identify the possible consequences for unacceptable conduct, and to ensure that discipline, when necessary, is administered promptly and equitably. To this end, the Board adopts this code of conduct (“code”).

Students who do not accept this responsibility will be required to accept the consequences. Disciplinary action, when necessary, will be firm, equitable, and consistent in order to be most effective in changing behavior.

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

II. Definitions

A. For purposes of this code, definitions apply for the following: ”Disruptive student” means an elementary or secondary student under the age of 21 who is substantially disruptive to the educational process or substantially interferes with the teacher’s authority over the classroom as indicated in section IV of the North Babylon Code of Conduct. This definition is based on State Education Law 3214.

B. “Parent” means parent, foster parent, guardian or person in parental relation to a student.

C. “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. This definition is based on State Education Law 2801.“

D. “School function” means any school-sponsored event or activity. This definition is based on State Education Law 2801.

E. “Weapon” means 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, slingshot, 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 or is intended to cause physical injury or death.

F. “Violent student” means a student under the age of 21 who:

1. Commits, or attempts to commit, while on school property or at a school function, an act of violence.

2. Possesses, while on school property or at a school function, a weapon.

3. Displays, while on school property or at a school function, what appears to be a weapon.

4. Threatens, while on school property or at a school function, to use a weapon or cause physical injury or death.

5. 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.

6. Knowingly and intentionally damages or destroys school district property.

7. Knowingly threatens, harasses or intimidates others on school property or at a school function. This definition is based on State Education Law 3214.

G. Student Rights and Responsibilities

H. Pursuant to Section 100.2 (1) (i) of the Regulations of the Commissioner of Education a bill of student rights and responsibilities is established. A student in the North Babylon School District shall:

I. Be suspended from instruction only after their rights pursuant to Education Law 3214 have been observed.

J. In all disciplinary matters, have the opportunity to present their version of the facts and circumstances leading to imposition of disciplinary sanctions to the professional staff members imposing such sanction.

K. Take part in all district activities on an equal basis regardless of race, color, creed, national origin, religion, gender, disability, or sexual orientation.

L. Take part in student government activities unless properly suspended from participation pursuant to the district’s discipline policy.

M. Address the Board on the same terms as any citizen.

N. Have access to school rules and, when necessary, receive an explanation of those rules from school personnel.

O. Be familiar with and abide by all district policies, rules and regulations pertaining to student conduct.

P. Work to the best of his/her ability in all academic and extracurricular pursuits and strive toward the highest level of achievement possible.

Q. Conduct himself or herself when participating in or attending school-sponsored extracurricular events, as a representative of the North Babylon School District and as such uphold the highest standards of conduct, demeanor, and sportsmanship.

R. To attend school every day (unless they are legally excused) and be in class, on time, and prepared to learn.

S. Each student will be responsible for contributing to the maintenance of an environment that is conducive to learning and will be expected to show due respect to other persons and to property.

T. Make constructive contributions to his/her school and to report fairly the circumstances of school-related issues.

U. Respond to direction given by teachers, administrators and other school personnel in a respectful, positive manner.

V. Develop and maintain strategies to control anger and to avoid conflict.

W. Ask questions when (s)he does not understand.

X. Seek assistance in solving problems that might lead to discipline.

Y. Dress appropriately for school and school functions.

Z. Accept the consequences for his/her actions.

III. Essential Partners

A. Parents - All parents are expected to:

1. Recognize that the education of their child(ren) is a joint responsibility of the parents and the school community.

2. Send their children to school ready to participate and learn.

3. Ensure their children attend school regularly and on time.

4. Ensure absences are legal.

5. Insist their children be dressed and groomed

6. Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly environment.

7. Know and support school rules and help their children understand them.

8. Convey to their children a supportive attitude toward education and the district.

9. Build good relationships with teachers, other parents and their children’s friends.

10. Help their children deal effectively with peer pressure.

11. Inform school officials of changes in the home situation that may affect student conduct or performance.

12. Seek help in solving problems that might lead to disciplinary or safety issues in the school community.

13. Provide a place for study and ensure homework assignments are completed.

14. Actively and consistently participate in behavioral and/or academic plans developed for their child.

B. Instructional Staff - All teachers are expected to:

1. Maintain a climate of mutual respect and dignity, which will strengthen students’ self-concept and promote confidence to learn.

2. Be prepared to teach.

3. Demonstrate interest in teaching and concern for student achievement.

4. Know school policies and rules, and enforce them in a fair and consistent manner.

5. Communicate to students and parents:

a) course objective and requirements

b) marking/grading procedures

c) assignment deadlines

d) expectations for students

e) classroom discipline plan

6. Communicate regularly with students, parents and other teachers concerning growth and achievement.

C. Professional Support Staff - All professional support staff are expected to:

1. Assist students in coping with peer pressure and emerging personal, social and emotional problems.

2. Initiate teacher/student/counselor conferences and parent/teacher/student/counselor conferences, as necessary, as a way to resolve problems.

3. Regularly review with students their educational progress and career plans.

4. Provide information to assist students with career planning.

5. Encourage students to benefit from the curriculum and extracurricular programs.

D. Non-Instructional Staff - Non-instructional staff is expected to:

1. Maintain a climate of mutual respect and dignity, which will strengthen students’ self-concept and promote confidence to learn.

2. Know school policies and rules, and enforce them in a fair and consistent manner.

E. Principals - Principals are expected to:

1. Promote a safe, orderly and stimulating school environment, supporting active teaching and learning.

2. Ensure that students and staff have the opportunity to communicate regularly with the principal and approach the principal for redress of issues.

3. Evaluate on a regular basis all instructional programs.

4. Support the development of and student participation in appropriate extracurricular activities.

5. Be responsible for enforcing the code of conduct and ensuring that all cases are resolved promptly, consistently, and equitably.

F. Superintendent - The Superintendent is expected to:

1. Promote a safe, orderly and stimulating school environment, supporting active teaching and learning.

2. Review with district administrators the policies of the Board of Education and state and federal laws relating to school operations and management.

3. Inform the Board about educational trends relating to student discipline and promote staff development in these areas.

4. Work to create instructional programs that minimize problems of misconduct and are sensitive to student and teacher needs.

5. Work with district administrators in enforcing the code of conduct and ensuring that all cases are resolved promptly, consistently and equitably.

G. Board of Education - The Board of Education is expected to:

1. Collaborate with organization of students, teachers, administrators, and parents, school safety personnel and other school personnel to develop a code of conduct.

2. 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.

3. Lead by example by conducting board meetings in a professional, respectful and courteous manner.

4. Ensure staffing levels that provide for adequate safety and security of the school community based on the North Babylon Code of Conduct

IV. 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. Teachers and all other district personnel should exemplify and serve as role models to help students develop an understanding of appropriate appearance in the school setting.

B. A student’s dress, grooming and appearance, including hair style/color, jewelry, make-up and nails, shall:

C. Be safe, appropriate and not disrupt or interfere with the educational process.

D. Not create a risk of injury to a student. Exposed body piercing jewelry and related paraphernalia shall be removed during any school activity which has the potential for physical contact.

E. Recognize that extremely brief garments such as tube tops, net tops, halter tops, spaghetti straps, plunging necklines (front and/or back), see-through garments or similar garments are not appropriate.

F. Ensure that underwear is completely covered with outer clothing.

G. Include footwear at all times. Footwear that is a safety hazard will not be allowed.

H. Not include the wearing of hats or any other head covering in the school except for a medical or religious purpose.

I. 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.

J. Not promote and/or endorse the use of alcohol, tobacco or illegal drugs and/or encourage other illegal or violent activities.

K. Not promote and/or participate in a gang or gang activity by use, style or color of clothing or body decoration.

L. Appropriate appearance shall be determined by the principal or his/her designee at special functions, such as graduations, moving-up ceremonies, concerts, etc. 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, as described in the code.

V. Prohibited Student Conduct

The Board 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.

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, but are not limited to:

1. Running in hallways.

2. Making unreasonable noise.

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

4. Obstructing vehicular or pedestrian traffic.

5. Engaging in a willful act which disrupts the normal operation of the school community.

6. 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.

7. Computer/electronic communications misuse, including any unauthorized use of computers, software, or Internet/intranet account; accessing inappropriate web sites; or any other violation of the district’s acceptable use policy.

8. Possession of electronic devices, such as Gameboys, beepers, phones, unless express permission is given.

9. Fighting.

B. Engage in conduct that is insubordinate. Examples of insubordinate conduct include, but are not limited to:

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

2. Demonstrating disrespect.

3. Lateness for, missing or leaving school without permission.

4. Cutting detention.

C. Engage in conduct that is disruptive. Examples of disruptive conduct include, but are not limited to:

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

2. Being late for school or class.

3. Being unprepared for class.

D. Engage in conduct that is violent. Examples of violent conduct include, but are not limited to:

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

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

3. 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.

4. Displaying what appears to be a weapon.

5. Threatening to use any weapon.

6. Intentionally damaging or destroying the personal property of a student, teacher, administrator, other district employee or any person on school property; includes graffiti or arson.

7. Intentionally damaging or destroying school district property.

E. Engage in any conduct that endangers the safety, morals, health, or welfare of others. Examples of such conduct include, but are not limited to:

1. Lying to school personnel.

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

3. 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.

4. 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.

5. Harassment, which includes a sufficiently severe action or a persistent, pervasive pattern of actions or statements directed at an identifiable individual or group which are intended to be or which a reasonable person would perceive as ridiculing or demeaning or bullying or dangerous.

6. Acts of sexual harassment as defined in the school district’s sexual harassment policy.

7. Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm.

8. 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.

9. Selling, using, possessing, or distributing obscene material or libelous material.

10. Using vulgar or abusive language, cursing or swearing.

11. Smoking a cigarette, cigar, pipe or using chewing or smokeless tobacco.

12. Possessing, selling, distributing, exchanging or causing to ignite any fireworks or the like.

13. 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, look-alike drugs, and any substances commonly referred to as “designer drugs” and/or drug paraphernalia.

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

15. Gambling.

16. Inappropriate sexual behavior on school grounds or at school functions.

17. Indecent exposure, which includes exposure to sight of the private parts of the body in a lewd or indecent manner.

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

F. Engage in misconduct while waiting for, boarding, occupying or disembarking a school bus. It is crucial for students to behave appropriately while riding on district buses or chartered buses to ensure their safety and that of other passengers and to avoid distracting the bus driver, pedestrians or drivers of other vehicles. Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Pushing, shoving, fighting and excessive noise will not be tolerated nor will students be permitted to place body parts or any other object outside the confines of the bus.

G. Engage in any form of academic misconduct. Examples of academic misconduct include, but are not limited to:

1. Plagiarism.

2. Cheating.

3. Copying.

4. Altering records.

5. Assisting another student in any of the above actions.

VI. Reporting Violations

All students are expected to promptly report violations of the code to a teacher, guidance counselor, the building principal or his or her designee. Any student observing a student possessing a weapon, alcohol, illegal substance or abusing a legal 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 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. This shall be followed by notification to the parent of the student involved and appropriate disciplinary sanction, if warranted, which may include permanent 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 the same day as the telephone call is made. The notification must identify the student and explain the conduct that violated the code and constituted a crime.

VII. Disciplinary Penalties, Procedures and Referrals

Discipline is most effective when it deals directly with the problem at the time and place it occurs, and in a way that students view as fair and impartial. School personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students' ability to grow in self-discipline.

Disciplinary action, when necessary, will be firm, fair and consistent so as to be the most effective in changing student behavior. In determining the appropriate disciplinary action, school personnel authorized to impose disciplinary penalties will consider the following:

A. The student’s age.

B. The nature of the offense and the circumstances which led to the offense.

C. The student’s prior disciplinary record.

D. The effectiveness of other forms of discipline.

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

F. Other extenuating circumstances.

As a general rule, discipline may be progressive. This means that a student’s first violation may carry a lighter penalty than subsequent violations. 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, and if warranted, shall be administered consistent with the separate requirements of this code 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.

VIII. Penalties - Students who are found to have violated the district’s code 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.

A. Verbal warning – any member of the district staff

B. Written warning – bus drivers, hall and lunch monitors, coaches, guidance counselors, teachers, principal, or designated contact person(s) superintendent, paraprofessionals, other administrative staff

C. Written notification to parent – coaches, guidance counselors, teachers, principal, superintendent, administrators, and other professional staff

D. Detention – teachers, principal, superintendent

E. Suspension from transportation – principal, superintendent

F. Suspension from athletic participation – coaches, principal, superintendent

G. Suspension from social or extracurricular activities – activity director, principal, superintendent

H. Suspension of other privileges including but not limited to non-educational and/or moving up or graduation ceremony – principal, superintendent

I. In-school suspension – principal, assistant superintendent, superintendent

J. Removal from classroom – teachers, principal, superintendent

K. Short-term (five days or less) suspension from school – principal, superintendent

L. Long-term (more than five days) suspension from school – superintendent

M. Permanent suspension from school – superintendent.

IX. Procedures

A. 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.