Public Conduct on School Property Regulation, 5300.70-R

Public Conduct on School Property Regulation, 5300.70-R

Statement of Purpose

In compliance with the provisions of Article 55 of the New York Education Law, Chapter 740, of the Laws of 1972, the Warwick Valley Central School District hereby adopts the following rules and procedures for the maintenance and enforcement of public order on school property, including school buses, by students, teachers, other staff members and employees, visitors, licensees, invitees and others at any and all hours of the day and days of the year.

Among the purposes of this school district is to provide safe and reasonable facilities for learning and teaching without disruption, and with opportunity for different points of view to be expressed and explored in a peaceful manner.  Toward this end, it is necessary that an orderly process be maintained which will encourage the learning and teaching process and discourage disruption.

This regulation, the penalties and the remedies imposed hereunder shall not be deemed exclusive of and shall not preclude resort to any applicable State, Federal and Local Law or ordinance or other local school district regulations and procedures, and shall not be deemed to limit the right of the school district or of any person to take such additional or other legal action as may seem appropriate or necessary to maintain public order and to protect legal rights.

Nothing contained in this regulation shall be deemed to impair the right of the school district to take such action as may be necessary or appropriate for purposes of construction and repair of facilities, of regulating vehicular and pedestrian traffic, and of maintaining order and safety.

Nothing herein may be construed to limit or restrict lawful exercise of freedom of speech, freedom of movement, freedom of peaceable assembly, or other rights of individuals or groups.


Enforcement, Penalties and Procedures

  1. Enforcement

    The designated personnel with responsibility and authority for the building(s), grounds, and/or event shall be responsible for enforcing the conduct required by this Regulation and Policy 5300.70.

    1. When the designated personnel believes an individual is engaged in prohibited conduct, which in his or her judgment does not pose any immediate threat of injury to persons or property, the person shall tell the individual that the conduct is prohibited and attempt to persuade the individual to stop.  The person shall also warn the individual of the consequences for failing to stop.
    2. If the person refuses to stop engaging in the prohibited conduct, or if the person’s conduct poses an immediate threat of injury to persons or property, the designated personnel shall have the individual removed immediately from school property or the school function.
    3. If necessary, law enforcement authorities will be contacted to assist in removing the person.  The designated personnel may request the Superintendent or his or her designee to have the Board’s Counsel apply to any court of appropriate jurisdiction for any injunction to restrain the violation or threatened violation of such rules.
    4. The District shall initiate disciplinary action against any student or staff member, as appropriate.  In addition, the District reserves its right to pursue a civil or criminal legal action against any person violating Policy 5300.70 or this Regulation.
  2. Penalties and Procedures

    For the violation of any part of Policy 5300.70 or this regulation, the Board of Education may seek such penalties as may be found legally appropriate under the laws of the State of New York and local school district policies and with proper regard for due process for each individual. Such penalties may include but not be limited to the following actions:

    1. If a licensee or invitee, his/her authorization to remain upon the grounds or other property shall be withdrawn and he/she shall be directed to leave the premises.  In the event of failure to do so, he/she shall be subject to ejection.
    2. If trespasser or visitor without specific license or invitation, he/she shall be subject to ejection and/or arrest.
    3. If he/she is a student, he/she shall be subject to disciplinary action as the facts of the case may warrant, as prescribed by §3214 of the Education Law and the Student Code of Conduct.
    4. If a faculty member, he/she shall be subject to disciplinary action as prescribed by and in accordance with procedures of the Education Law and the collectively negotiated agreement.
    5. If a staff member in the classified service of the civil service, described in §75 of the Civil Service Law, he/she shall be guilty of misconduct and subject to the penalties and procedures prescribed in said section and any applicable collectively negotiated agreement and be subject to ejection.
    6. If a staff member other than one described above, he/she shall be subject to discipline in accordance with law and any applicable collectively negotiated agreement.

This Policy and Regulation 5300.70 and the penalties set forth herein are not considered to be inclusive or to preclude in any way the prosecution and conviction of any person for the violation of any federal or state law or local ordinance and the imposition of a fine or penalty provided for therein.


Cross-ref:

  • 1240-R, Visitors to the Schools Regulation

Adoption date:  June 14, 1993

Revised:  June 25, 2001

Revised:  August 12, 2014