Disciplinary Penalties, Procedures and Referrals, High School, Policy 5300.40

Strategies and Procedures – High School

1. Student Behavior

1. Students in our District are given every opportunity to make behavioral choices and decisions. Further, they are also held accountable for their actions (commensurate with their age and other factors).  For those students who have difficulty in choosing acceptable modes of behavior, the following measures have been identified as appropriate.
2. A student may be subjected to disciplinary action when the student does not follow teacher, school or Board of Education rules and regulations. Students are subject to the rules and regulations cited in the discipline code while appearing at or attending any school-sponsored activity when that activity is not taking place during normal school hours or on school premises (e.g., athletic contests, field trips, co-curricular activities, student events, etc.).
3. Further, a student may be subject to discipline for conduct constituting a violation or crime which is committed off of school premises or at non-school-sponsored activities to the extent that the Superintendent of Schools believes that the continued attendance of the student would constitute endangerment to the health, safety, welfare or morals of the student and/or others in the school.

2. Disciplinary Options

The disciplinary options or range of actions which may be imposed for violations of the behavior code include (but are not limited to) the following:

1. Verbal warning or reprimand
2. Written warning or reprimand
3. Parent conference or phone call
4. After-school detention (2:30-3:30 p.m.) (*)
5. Lunch detention
6. In-school detention (7:40 a.m.-2:30 p.m.) (*)
7. Suspension from athletic participation (*)
8. Suspension from transportation (*)
9. Suspension from social or extracurricular activities (*)
10. Suspension from other privileges (*) e.g., permission to park on school property
11. Exclusion from a particular class (*)
12. Suspension from school (*)
13. Alternative educational programs (*)
14. Long-term or permanent suspension (*)

(*)   notice to parent required

Note:  a.-f and h. above may be assigned by teacher, staff, Athletic Director, or coach as appropriate; others may only be assigned by appropriate administration as further explained below.

It is the policy of the District that student discipline should be progressive; i.e., a student’s first offense should not merit as severe a consequence as a repeat offense.  It is also the desire of the Board that all relevant factors be taken into consideration in determining an appropriate consequence or penalty.

The above penalties may be imposed alone or in combination, depending on the circumstances, but within the framework of the Code of Conduct.

In addition to the range of actions listed above, the following represent additional kinds of actions which are available at the discretion of the administrator and depending on the particular circumstances and, of course, in compliance with Board Policy and New York State Education Law and State Regulations:

o. Counseling (*)
p. Family Court Proceedings (*)
q. Referral of the matter to local or state law enforcement officials (*)

(*)   notice to parent required

We shall utilize our student-based mediation program to resolve conflicts when appropriate and when all parties involved in the dispute agree to participate. Although this process may sometimes obviate the need for externally imposed discipline, recognized school sanctions will still be considered a viable option in addition to mediation.

3. Selected Definitions of Disciplinary Options

(letters correspond to the disciplinary options listed above).

d. After-school Detention: (2:30-3:30 p.m.): This detention will be served from the end of classes (2:30 p.m.) until 3:30 p.m. in the room assigned for detentions. Students will not be admitted to the detention room after 2:35 p.m. After-school detentions will be supervised by a school monitor. Students will be expected to work on school projects throughout the afternoon without food, beverage or socializing. Students who fail to serve an after-school detention as assigned will receive progressively more severe punishment (refer to the Administrative Discipline Chart).
e. Lunch Detention: Students who misbehave may be assigned to one or multiple lunch detentions. These will be served in the detention room.  Students who earn lunch detentions may not return to the cafeteria and will be denied cafeteria privileges until the detention is properly served.
f. In-School Detention: An “ISD” begins at 7:40 a.m. and ends at 2:30 p.m. A student assigned to an ISD will report to the detention room at 7:40 a.m.  Students are required to bring appropriate schoolwork (homework, school projects, school reading, etc.) with them. Students will receive appropriate instruction and he entire day must be spent on school-related work. Students will be permitted, accompanied by an aide or staff member, to leave the detention room twice in the morning and twice during the afternoon for the purpose of using the bathroom (including getting drink of water) ONLY, unless other reasonable accommodations are appropriate.  Lunch will be eaten during a designated time in the detention room.

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General Note about Detentions

Any lateness to after-school detention will result in the student not being admitted. Lateness to detention may be regarded as a cut (see chart for consequences of cut). In addition, if a student is disruptive or uncooperative in detention, the appropriate consequences will be enforced and the detention may be rescheduled.

h. Suspension from School (Out-Of-School Suspension): When a student’s misbehavior is deemed sufficiently serious, flagrant or repetitious, the Principal has the responsibility and the authority to suspend the student from school for a period of one but not more than five school days. The purposes of suspensions are to punish the student by removing him/her from the educational process and the school/social environment; emphatically and immediately catch the attention of the student and his/her family to indicate that certain behavior(s) will not be tolerated in the school; set the stage for a disciplinary reinstatement conference which must include the student, the parent or guardian, and a school administrator (usually the Associate Principal); to modify and redirect certain future behavior(s) toward a more socially acceptable norm; and to clearly send a message to the rest of the student body, other parents and the community that we will not tolerate inappropriate conduct in the school.

Offenses which may result in suspensions are listed in the Disciplinary Chart set forth in this regulation.

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Disciplinary Procedures for Suspension

The Board has delegated to the Building Principals the power to suspend students for a period not to exceed five (5) days.  In a non-emergency suspension, the student and his/her parents (or guardian) must be given the opportunity for a conference with the Principal. A student may be suspended immediately, and without prior hearing opportunity, where he/she presents a danger to person or property or an ongoing threat of disruption of the academic process. A suspended student, of compulsory education-age, shall be given access to his/her textbooks and work materials and offered alternate instruction. It shall be the student’s responsibility to secure and complete assignments, worksheets, study guides, etc.

No student can be suspended for more than five (5) days without a hearing on reasonable notice to the student and his/her parent or guardian.

Permanent suspension can only result after a Superintendent’s Hearing.

A student with a disability shall not be suspended for behavior which is a manifestation  of his/her disability unless he/she engages in conduct involving drugs, weapons or serious bodily injury.  If a student with a disability is suspended and is of compulsory attendance age, home instruction or other appropriate means of instruction will be offered.  If the student’s behavior is continually preventing him/her from functioning successfully within the current regular and/or special program, and it is believed that a program review should occur, the student shall be referred to the Committee on Special Education to determine whether a change in program is appropriate (see Policy 5300.50).

In an effort to respond properly to a wide range of serious behavioral problems, the school district employs two types of major sanctions – an “in-school” detention and an “out-of-school” suspension (see definition above for “suspension”).

When a student poses a serious threat to himself/herself or others, or when his/her behavior is such that it seriously threatens the orderly conduct of the business of education, and/or when his/her presence, as demonstrated by the severity of conduct or by past evidence of disruptive behavior, or when  in-school detention is no longer appropriate, then the District will opt for an out-of-school suspension which will remove the student from the school grounds and after-school activities. Although the student’s conduct cannot be controlled during this suspension, this type of penalty is viewed as the more severe of the two.

The in-school detention is a less severe approach and is preferred when it is likely to result in appropriate behavior modification.  While the student is being punished, he/she is, nevertheless, kept “within the fold” of the school.

Pre-Suspension Process: Prior to being suspended from school on an immediate basis or when a proposed suspension is being considered, the student shall be confronted by a school official empowered to suspend (Building Principal, Acting Building Principal, Superintendent of Schools, District Superintendent, Board of Education), at which time the evidence upon which the decision to suspend is based shall be stated to the student, and the student shall be given the opportunity to explain his/her version of the facts. The student shall also be afforded the right to present evidence to the suspending authority in support of his/her version of the facts.  If 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, s/he may be immediately suspended. If the student cannot be confronted at the time of the initial suspension due to safety concerns or mental or physical condition considerations, such confrontation shall occur following suspension, as soon thereafter as is reasonably practicable.

Reinstatement Conference: Out-of-school suspension requires a reinstatement conference involving the Principal or Associate Principal, a parent or guardian and the student.  Typically, the incident(s) causing the suspension is (are) reviewed in detail, background data is shared, including up-to-date teacher assessments and, hopefully, a plan for immediate and long-term behavior improvement is created. It is the responsibility of the parent to arrange for the conference, but every effort will be made to hold the conference at a time convenient for the parent.

Additional notes pertaining to suspension: The student is responsible for any classwork and/or assignments missed while on suspension.

A student who is serving a suspension is not allowed to be in the school, on school property, at school events, or participate in any after-school activities. A violation of this requirement of suspension may result in additional days being added to the original suspension or law enforcement officials being notified.

A student who is serving a suspension is not allowed to be in the school, on school property, at school events, or participate in any after-school activities. A violation of this requirement of suspension will be considered trespassing and may result in additional days being added to the original suspension or law enforcement officials being notified.

Suspension Cases Involving Students with Disabilities: In the event that a student has a known disability or when school officials can be deemed to know in accordance with law that a student has a disability or meets the suspected of having a disability standard, the District will first proceed to conduct a §3214 long term disciplinary proceeding for any suspension of more than five days. The §3214 disciplinary proceeding will be held in two parts, first to determine the student’s guilt or innocence on the charges, and second to determine the penalty.

If guilt is determined, before a penalty may be imposed, the rules outlined below shall apply.

• 504/ADA Disability: For a student solely with a disability under §504 of the Rehabilitation Act of 1973 (“§504”)/Title II of the Americans with Disabilities Act (hereinafter referred to as the “ADA”), the §504 multi-disciplinary committee must make a determination regarding whether the conduct underlying the charges was a manifestation of the student’s disability.
  

• If a nexus is found between the disability and the conduct, no additional discipline shall be imposed and the record of discipline imposed to date shall be expunged.
• If no nexus is found, yet a disability is indicated, or has been identified, discipline may be imposed upon remand to the §3214 hearing officer.  A change in placements i.e. a suspension, removal or transfer, in excess of ten (10) school days, must be preceded by notice and an evaluation conducted by the §504 team. 
• Students with a recognized §504/ADA disability who are known to be currently engaged in the illegal use of drugs or alcohol or who are found to be using or in possession of alcohol or drugs may be disciplined, regardless of their disability status, in the same manner and to the same extent as non-disabled students.

IDEA Disability: For students classified or presumed to have disabilities under the IDEA (a student with an educational disability), a Manifestation Team must make a Manifestation Determination prior to a student’s suspension for 10 or more consecutive school days or prior to a suspension of 10 days or less, if it has been determined that a suspension for less than ten consecutive school days when aggregated with prior recent suspensions or removals would constitute a disciplinary change in placement.

A series of suspensions that are each ten (l0) days or fewer in duration may create a pattern of exclusions that constitutes a disciplinary change in placement. That determination will be made on a case-by-case basis in accordance with applicable law and regulation. Among the factors to be considered in making this determination are the length of each suspension, the proximity of the suspensions to one another, and the total amount of time the student is excluded from school. 

A student shall be presumed to have a disability if prior to the time the behavior occurred if the Superintendent and/or Building Principal and/or other school official imposing the suspension determine that:

• the parent or guardian of the child has expressed in writing to supervisory or administrative personnel of the appropriate educational agency or to a teacher of the student that the student is in need of special education, provided that such notification may be oral if the parent does not know how to write or has a disability that prevents a written statement or
• the parent of the student has requested an evaluation of the student in writing or
• a teacher of the student or other personnel of the District has expressed specific concern about a pattern of behavior demonstrated by the student to supervisory personnel in the District in accordance with the District’s child-find procedures

A student shall not be presumed to have a disability for discipline purposes, despite satisfaction of one or more of the above criteria, if:

• the parent of the student has not allowed a relevant evaluation of the student by the Committee on Special Education (“CSE”)
• the parent of the student has refused special education services or 
• it was determined by the CSE or Committee on Preschool Special Education (“CPSE”) that the Student is not a student with a disability

Manifestation Determinations: A Manifestation Team shall include a representative of the school district knowledgeable about the student and interpretation of information about child behavior, the parent and relevant members or the committee on special education as determined by the parent and the school district.  The parent must receive written notification prior to any Manifestation Team meeting to ensure that the parent has an opportunity to attend and is informed of their right to have relevant members of the CSE participate at the parent’s request.

• When making a manifestation determination, the Manifestation Team shall review all relevant information in the student’s file including the student’s IEP, any teacher observations and any relevant information provided by the parent to determine if:
  • the conduct in question was caused by or had a direct and substantial relationship to the student’s disability or
  • the conduct in question was a direct result of the school district’s failure to implement the IEP

If either of the aforementioned criteria listed above are answered affirmatively, the conduct in question shall be deemed to be a manifestation of the student’s disability.

When the Manifestation Team determines that the conduct in question was a manifestation of a student’s disability, the CSE shall meet to recommend and conduct a functional behavioral assessment and implement (or modify) a behavior intervention plan in accordance with 8 NYCRR § 201.3 and  201.4(d)(2)(a)).

A meeting for the sole purpose of making a manifestation determination does not require five calendar days’ notice to the student’s parent or guardian.  However, if the CSE meets to consider a change in placement in conjunction with the manifestation determination, the five-day notice requirement of §200.5(a)(3) of the Commissioner’s Regulations will be applicable.

Discipline of Students With Disabilities When the Manifestation Team Makes an Affirmative “Manifestation Finding”:
When an educationally disabled student’s conduct is a manifestation of the child’s disabling condition, a student classified under IDEA may only be suspended from school for more than ten (10) consecutive school days if one of the following applies:

• the CSE recommends a change in placement on the student’s Individualized Education Plan (IEP) and Behavior Intervention Plan and the parent, guardian or eighteen-year or older student consents to such change in writing following receipt of their Procedural Safeguards Notice
• a court order or order from an impartial hearing officer of suspension/removal of a dangerous student pursuant to 8 NYCRR 201.8 is obtained
• the violation involves weapons, drugs/controlled substances or serious bodily injury
• Unless the conduct engaged in involves weapons, drugs or serious bodily injury, if a nexus is found between the disability and the conduct, no additional discipline shall be imposed and the record of discipline imposed to date shall be expunged.

Suspensions for Misconduct Involving Weapons and/or Drugs and/or Serious Bodily Injury: A student classified or suspected of having a disability under IDEA may be suspended and placed in an Interim Alternative Educational Setting  (“IAES”) for up to forty-five (45) school days (less if the discipline is for a non-disabled student would be less) if the student is found guilty of: 1) carrying or possessing a weapon while at school, on school property or while at a school function; 2) knowingly possessing or using illegal drugs, or selling or soliciting the sale of a controlled substance while at school, on school premises or while at school function; or 3) inflicting a serious bodily injury to another person while at school or a school function.

• In accordance with law, the term “weapon” means “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 that such term does not include a pocket knife with a blade of less than 2-1/2 inches in length.” 
• In accordance with law, the term “illegal drugs” means controlled substances but not those legally possessed or used under the supervision of a licensed health care professional or other permitted authority under the Federal Controlled Substances Act or under any other provision of Federal law. Controlled substances are drugs and other substances identified under schedules set forth in applicable Federal law provisions.
• In accordance with law, the term “serious bodily injury” means bodily injury which involves a substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ or mental faculty.

Before a student is suspended and placed in an IAES for up to 45 school days for behavior involving weapons and/or drugs and/or serious bodily injury, the Manifestation Team must conduct a manifestation determination.  Placement in an IAES as a result of conduct involving weapons and/or drugs and/or serious bodily injury is not contingent upon a Manifestation Team determination that the misconduct is not related to the student’s disability.

• If the student is or may be placed in an IAES, the CSE shall, as appropriate, recommend functional behavioral assessment and behavior intervention, or review any such pre-existing plan for modification. 
• A CSE shall determine and recommend an IAES reasonably calculated to enable the child to continue to receive educational services, participate in the general curriculum and progress toward meeting IEP goals and objectives during the period of suspension from instruction.

Dangerous Students: To continue the suspension of a student classified or deemed to be known as having an education disability under IDEA for more that 10 consecutive school days, the School District may commence an expedited hearing before a special education impartial hearing officer to demonstrate that a student is “dangerous” and is substantially likely to cause injury to himself or others if returned to his last agreed upon placement.  An impartial hearing officer may order the placement of the student in an interim alternative setting for up to forty-five (45) school days in accordance with 8 NYCRR §201.8 and 201.11.

• If the student is or may be placed in an IAES, the CSE shall, as appropriate, recommend a functional behavioral assessment and behavior intervention plan, or review any such pre-existing plan for modification. 
• An impartial hearing officer’s determination allowing a student’s placement in an IAES as a result of dangerous behavior is not contingent upon a Manifestation Team determination that the misconduct is not related to the student’s disability.  The IAES placement shall be based upon the CSE’s recommendation.  

Discipline of Students With Disabilities when the Manifestation Team has made a “No Manifestation Finding”: Where a student with a disability’s conduct is found not to be a manifestation of his/her disability he/she may be disciplined in the same manner and to the same extent as non-disabled students.  In such instances, the CSE shall meet upon proper notice to determine any appropriate evaluations which must be performed, to make changes to a student’s IEP and to recommend an appropriate IAES where the child can continue to receive educational services, although in another setting, that enable the child to participate in the general education curriculum and progress toward meeting IEP goals and objectives during the period of suspension from instruction.  Where a suspension or disciplinary change in placement will exceed 10 school days, the CSE shall conduct a functional behavioral assessment and implement or modify a behavior intervention plan, as well as implement modifications intended to avoid a recurrence of the behavior.

Pendency Placement: An IAES shall be deemed the student’s “stay put” placement for up to forty-five (45) school days, during the pendency of any expedited due process proceedings commenced by parents to contest: 1) a finding that a  student is not “presumed to have a disability”; and/or 2) a finding that the student’s misconduct was not a manifestation of the student’s disability; and/or 3) a decision to place a student in a CSE recommended IAES for misconduct involving weapons and/or drugs and/or serious bodily injury; and/or 4) the decision of an impartial hearing officer in a dangerousness hearing; and/or 5) the appropriateness of an IAES program recommended by the CSE in the context of one of the four categories of action listed above.

Student Suspension Process: The Student Suspension Process as it relates to pre-suspension, short-term suspension, long-term suspension, hearing procedures and the appeals process is in Policy 5300.30 and is incorporated herein as part of this policy. 

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Administrative Discipline Chart – High School

The referrals (penalties, consequences) set forth in this Administrative Discipline Chart are only guidelines for the determinations of each case by the Administration.  As is the desire of the Board of Education, all relevant factors are to be taken into consideration in determining an appropriate consequence or penalty. Thus, the Administration, when supported by relevant facts and appropriate circumstances, reserves the right to impose a more severe penalty than that set forth in the referral column based upon the severity of the incident.  Students facing long-term suspension (in excess of five (5) days) have a right to a Superintendent’s Hearing.  Students are subject to the rules and regulations cited in the discipline code while appearing at or attending any school-sponsored activity even when that activity is not taking place during normal school hours or on school premises (e.g., athletic contests, field trips, co-curricular activities, student events, etc.).  This also includes while on District transportation.

A. Referrals

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B. Discipline-Related Offenses

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C. Health & Safety Offenses

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D. Attendance-Related Offenses

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E. Commission of acts which may be crimes under criminal laws

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Footnotes

1. Students may also be subject to the measures described in the Gun Free Schools Act of 1994, Policy 5312.2.
2. Conduct which is committed off of school premises or at nonschool-sponsored activities shall warrant discipline when it is determined that such conduct may endanger the health, safety, morals or welfare of students or adversely affect the education process.

NOTE:

A student found guilty of violations of actions covered under the Discipline Code may also be recommended for counseling services.

KEY TO ABBREVIATIONS:

• DET – After-School Detention – 2:30-3:30 p.m. or Lunch Detention 10:40-11:35 a.m.
• ISD – In-School Detention – Start of school (7:40 a.m.) until 2:30 p.m.
• SUSP – Out-of-School Suspension
• SUPERINTENDENT’S HEARING –     Superintendent referral for long-term suspension or permanent suspension hearing

High School Co-Curricular Eligibility

Guidelines for Eligibility

There are two types of eligibility requirements that students must meet before they may be considered eligible to participate in co-curricular activities – academic and behavioral eligibility.

Students who wish to participate in such activities must understand that their participation is a PRIVILEGE which is extended to them (even if their roles are “behind the scenes”). Thus, each student’s school achievement must be reasonably consistent with his/her academic capacity, and his/her behavior and attitudes should reflect his/her respect for others and demonstrate his/her pride in the Warwick Valley School System.  Based on this philosophy, students who wish to participate in our co-curricular activities have more to lose if they are declared ineligible (for academic or behavioral reasons) than those students who do not wish to participate.

Privileges which are affected by both academic and behavioral ineligibility:

(THIS LIST IS REPRESENTATIVE ONLY)

• ATHLETICS
• CHEERLEADING
• ATTENDANCE SHEET DISTRIBUTION
• CLASS OFFICES
• CLUBS
• DANCES
• DRAMA
• PARKING
• FIELD TRIPS (when not part of credit‑bearing portion of Academic Course)
• FUND RAISING FOR CLASS PASSES
• JUNIOR PROM
• MAGAZINE DRIVE
• MUSICAL CONCERTS
• ONE‑TIME EVENTS
• SENIOR PROM/SENIOR TRIP
• SPECTATOR PRIVILEGES
• STANDING COMMITTEES
• STUDENT GOVERNMENT
• TALENT SHOW
• ACADEMIC TEAMS

Academic Eligibility

The guidelines that will be followed for academic eligibility are as follows:

Students failing two or more subjects will be ineligible for the ten-week marking period that follows.  There will be no appeals of this ineligibility to the committee.  Students who have two or more failing fourth quarter grades in June will be ineligible for the first ten weeks of the next school year.  Students with failing final grades will have the opportunity attend summer school.  Upon receiving passing grades in one or more subjects during the summer session, their eligibility will be reviewed to determine if they failed two or more courses for the year.

All State and Federal regulations that apply to students with IEP’s will be adhered to.

Behavioral Eligibility

Behavioral eligibility is based upon the student’s ability to adhere to school rules and regulations.  Students who get an out-of-school suspension or two (2) or more in-school detentions will be placed on the BEHAVIORAL INELIGIBILITY LIST.  A behaviorally ineligible student MUST request a meeting with Administration.

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Ineligibility Status Review – The Process

Behaviorally ineligible students are ineligible from the date of the first out-of-school suspension or from the date of the second in-school detention (or within 5 days of the offense pending disciplinary action).  Students must make application to Administration within ten (10) days of becoming ineligible.  Students will remain ineligible until a meeting is held.  When a request is made beyond ten (10) days of the offense, the student will remain ineligible for a period of 30 days from the date of the meeting.  The student may be placed on probation according to the following:

• 1st offense:  30 days of probation
• 2nd offense:  40 days of probation
• 3rd offense:  50 days of probation

If a student is placed on active probation, he/she will be allowed to fully participate in all school activities.  The student may not receive additional referrals or violate the Code of Conduct in any manner.  If a student fails to adhere to the school rules and regulations listed in the Code of Conduct, he/she will lose his/her probationary status and become immediately ineligible.  A student will remain ineligible for 30 school days from the date of the last offense.  If a student becomes ineligible subsequent times, Administration may extend the period of ineligibility or probation.

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Probation for Academic and Behavioral Eligibility

There are three types of probation.  In each case, students may appeal the recommendation of the committee directly to the Principal.  The decision of the Principal shall be considered final.

• ACTIVE PROBATION – The student is allowed to fully participate but must meet all specified conditions of the committee while participating.  Failure to satisfy each and every condition of the probation will result in loss of active probation (such as being placed on modified or inactive probation).
• INACTIVE PROBATION – The student is not allowed to participate in any way with the team, group, etc. until all conditions of the probation are met.  This category differs from the straight declaration of ineligibility because it is used for only a limited period of time.  Further, this category will often be used in conjunction with other probationary categories.  Failure to comply with all of the requirements of this category will result in reclassifying the student as ineligible.
• MODIFIED PROBATION – The student is allowed to practice with the team, group, etc. while continuing to satisfy the terms and conditions of the probation but may not participate in competition or otherwise perform in public with the team or group.  This category may or may not be used in conjunction with other measures which may provide a structure to help the student improve.

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