The range of penalties which may be imposed for violations of the student disciplinary code includes the following:
- verbal warning
- written notification to the parents
- probation
- reprimand
- suspension from transportation
- suspension from extracurricular/cocurricular activities (including interscholastic sports)
- suspension of other privileges
- exclusion from a particular class
- in-school suspension
- out-of-school suspension
- permanent suspension
Depending upon the nature of the violation, it is the desire of the Board of Education that student discipline be progressive, i.e., a student’s first violation should merit a lighter penalty than subsequent violations. It is also the Board’s desire that an employee or agent take into account all other relevant factors in determining an appropriate penalty. The above penalties may be imposed either alone or in combination. Permanent suspension shall be reserved for extraordinary circumstances in accordance with Education Law § 3214. Such penalties will be imposed by the Superintendent of Schools or with his/her permission.
Initiation of a Student Disciplinary Proceeding
Any teacher, administrator, Board member, parent or other person may report a violation of the student disciplinary code to the Building Principal or designee. He/She will then make an investigation of the charges as deemed appropriate and may suggest utilization of the peer mediation process, institute an informal hearing or disciplinary proceeding, and/or make a referral to the Committee on Special Education, as deemed necessary.
This policy and the Board’s rules and regulations for the maintenance of public order on school property will be publicized and explained by the teaching staff to all students and provided in writing to all parents on an annual basis. In order to ensure the effectiveness of this student discipline code, the Board requests the continuing assistance of parents in explaining and enforcing the code. A student handbook will be made available each year for the entire student population.
The student’s right to a Superintendent’s hearing before a suspension from attendance in excess of five days and the right to an appeal of such a suspension to the Board pursuant to Education Law §3214 is recognized by the Board.
If a criminal offense has been committed (e.g., false fire alarm, vandalism, use and possession of weapons) the police will be notified. All infractions of the student discipline code and/or public law will be subject to disciplinary proceedings as outlined in 5311.1, Student Due Process Rights.
Cross-ref:
- 5310, Student Discipline
- 5311.1, Student Due Process Rights
- 5312.2, Dangerous Weapons in School
- 5314, Corporal Punishment Complaints
Ref:
- Education Law §3214
- 8 NYCRR §100.2(l)
- Matter of O’Conner v. Bd. of Ed., 65 Misc. 2d 40, 43 (due process)
- Appeal of Reeves, Dec. No. 13,857 (1998) (involuntary transfer)
- Appeal of Alexander, 36 EDR 160 (1996) (counseling)
- Matter of Troy R., 29 EDR 424 (1990) (automatic penalties)
- Appeal of Ward, 27 EDR 217 (1988) (indefinite suspension)
- Appeal of Wood, 27 EDR 92 (1987) (suspension beyond school year)
- Matter of Clark, 21 EDR 542 (1982) (extracurricular activities)
- Matter of Caskey, 21 EDR 138 (1981) (reduction in grade)
- Matter of MacWhinnie, 20 EDR 145 (1980) (reduction in grade)
- Matter of Labriola, 20 EDR 74 (1980) (excessive penalty)
- Matter of Roach, 19 EDR 377 (1980) (transportation; contingent suspensions)
- Matter of Caulfield, 18 EDR 574 (1979) (suspension from classes)
- Matter of Wright, 18 EDR 432 (1978) (formal due process)
- Matter of Macheski, 13 EDR 112 (1973) (suspension by a principal)
- Matter of DeVore, 11 EDR 296 (1972) (insufficient basis for discipline)
- Matter of Port, 9 EDR 107 (1970) (informal due process)
Adoption date: May 27, 1997
Revised: February 8, 1999
Revised: May 12, 2008
Reviewed: May 22, 2017