Procedures and Referrals

In addressing student behaviors that may impede learning, school personnel should consider a range of positive supports and strategies and interventions beyond removals and suspensions. Discipline policies and practices and behavioral intervention plans should include a variety of interventions such as addressing a student’s motivation, social skills and problem-solving abilities and using positive reinforcement and logical consequences. In addition, the BOCES may use interventions such as student carrels, after school detention, behavior recovery rooms, academic intervention rooms and other temporary alternative placement.

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. BOCES personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students’ abilities 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:

1. The student’s age.
2. The nature of the offense and the circumstances that led to the offense.
3. The student’s prior disciplinary record.
4. The effectiveness of other forms of discipline.
5. Information from parents, teachers and/or others, as appropriate.
6. Other extenuating circumstances.

As a general rule, discipline will be progressive. This means that a student’s first violation will usually merit a lighter penalty than subsequent violations.

If the behavior of a student is suspected to be related to his/her disabling condition, the student shall be referred to the component school district’s Committee on Special Education. Discipline, if warranted, shall be administered consistent with the separate requirements of the component school district’s procedures for disciplining students with a disability, or presumed to have a disability. A student identified as disabled shall not be disciplined for behavior related to his/her disability.

A. Intervention and Penalties

Students who are found to have violated the code of conduct may be subject to the following interventions, either alone or in combination. These interventions are not listed in a necessarily sequential order. Positive alternatives can be used individually or in combination with penalties by all BOCES staff listed after the penalties. The BOCES personnel identified after each penalty (2 through 13) are authorized to impose that penalty, consistent with the student’s right to due process.

1. Address positive alternatives such as:
   1. address student’s motivations
   2. social skills
   3. problem-solving skills instruction
   4. positive reinforcements
   5. logical consequences
   6. anger management
   7. conflict resolution
   8. behavior management techniques
2. Oral warning – any member of the district staff.
3. Team therapeutic intervention – social workers, guidance counselors, crisis intervention workers, etc.
4. Utilization of behavior recovery room or academic intervention rooms or other appropriate temporary settings – any member of the district staff.
5. Written warning – bus drivers, hall and lunch monitors, coaches, guidance counselors, teachers, building administrator, district superintendent.
6. Written notification to parent – bus driver, hall and lunch monitors, coaches, guidance counselors, teachers, building administrator, district superintendent.
7. Detention – teachers, building administrator, district superintendent.
8. Suspension from athletic participation – coaches, building administrator, district superintendent.
9. Suspension from social or extracurricular activities – building administrator, district superintendent.
10. Suspension of other privileges – building administrator, district superintendent
11. Short-term (five days or less) suspension from school – building administrator, district superintendent, board of education.
12. Long-term (more than five days) suspension from school – building administrator, district superintendent, board of education.
13. Permanent suspension from school – district superintendent, board of education.

B. Procedures

The kind 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 BOCES 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 versions of the facts to the school personnel imposing the disciplinary penalty in connection with the imposition of the penalty.

Students who are to be given penalties other than an oral warning, written warning or written notification to their parents are entitled to additional rights before the penalty is imposed. These additional rights are explained below.

1. Detention
   • Teachers, building administrators and the district superintendent may use after school detention as a penalty for student misconduct in situations where removal from the classroom or suspension would be inappropriate. Detention will be imposed as a penalty only after the student’s parent has been notified to confirm that there is no parental objection to the penalty and the student has appropriate transportation home following detention.
     
     
2. Suspension from transportation
   • If a student does not conduct himself/herself properly on a bus, the bus driver is expected to bring such misconduct to the attention of the component school building administrator. Students who become a serious disciplinary problem may have their riding privileges suspended by the component school superintendent or administrator or their designees. In such cases, the student’s parent will become responsible for seeing that his/her child gets to and from BOCES safely. Should the suspension from transportation amount to a suspension from attendance, the component school 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 will be provided with a reasonable opportunity for an informal conference with the building administrator/designee to discuss the conduct and the penalty involved.
     
     
3. Suspension from athletic participation, extracurricular activities and other privileges
   • A student subjected to a suspension from athletic participation, extracurricular activities or other privileges is not entitled to a full hearing pursuant to Education Law § 3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the component school official imposing the suspension to discuss the conduct and the penalty involved.
     
     
4. Behavior recovery room or academic intervention room
   • The board recognizes the BOCES must balance the need of students to attend school and the need for order in the classroom to establish an environment conducive to learning. As such, the board authorizes building administrators and the district superintendent to place students including those who would otherwise be suspended from school as the result of a code of conduct violation into the behavior recovery room/academic intervention room.
   • A student subjected to the behavior recovery room/academic intervention room is not entitled to a full hearing pursuant to New York State Education Law § 3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the BOCES official.
     
     
5. Teacher disciplinary removal of disruptive students
   • Early in the academic year, teachers will familiarize themselves with all available information and records about the program placement of every student in their classes. A wide range of behavior modification interventions supports students in all of the BOCES educational programs, and teacher removal of a disruptive student should only be done in a manner consistent with these interventions. Removal of a student with a disability may constitute a change of placement and should not be undertaken unilaterally by any teacher unless removal would be consistent with a disabled student’s IEP or Behavior Intervention Plan. Teachers concerned about the classroom behavior of a student with a disability should refer to Section X of this code of conduct and Appendix B to this document.
   • 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 his/her composure and self-control in an alternative setting. Such practices may include, but are not limited to: (1) short-term "time out" in a classroom or in an administrator’s office; (2) sending a student to the office for the remainder of the class time only; or (3) sending a student to a guidance counselor or other BOCES staff member for counseling. Time-honored classroom management techniques such as these do not constitute disciplinary removals for purposes of this code.
   • On occasion, a student’s behavior may become disruptive. 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 classroom teacher may remove a disruptive student from class for up to two days. The removal from class applies to the class of the removing teacher only.
   • If the teacher finds that the pupil’s continued presence in the classroom does not pose a continuing danger to persons or property and does not present an ongoing threat of disruption to the academic process, the teacher shall, prior to removing the student form the classroom, provide the student with an explanation of the basis for the removal and allow the pupil to informally present the pupil’s version of relevant events. In all other cases, the teacher shall provide the pupil with an explanation of the basis for the removal and an informal opportunity to be heard within twenty-four hours of the pupil’s removal.
   • The teacher must complete a BOCES-established disciplinary removal form immediately and meet with the building administrator/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.
   • Within 24 hours after removal, the authorized administrator/designee will notify parents by telephone and letter about the removal and explain the reason(s) in that notification.
   • If the parent, upon notification by the authorized administrator, requests an informal conference, the teacher is obliged to be present at the conference.
   • If at the informal conference the student denies the charges, the building administrator/designee must explain why the student was removed and give the student and the student’s parents a chance to present the student’s version of the relevant events. This conference will occur at the request of the parent and no later than 48 hours after the removal. The timing of the informal conference may be extended by mutual agreement of the parent and building administrator. The authorized administrator will explain the reasons for removal. Parent(s) and/or the student have an opportunity to disagree. The authorized administrator must decide to uphold or reverse the removal or find that the conduct warrants suspension from school before the end of the following school day. The authorized administrator must notify the teacher and parent(s) of this decision.
   • The building administrator/designee may overturn the removal of the student from class if the building administrator finds any one of the following:
     1. The charges against the student are not supported by substantial evidence.
     2. The student’s removal is otherwise in violation of law, including the district’s code of conduct.
     3. The conduct warrants suspension from school pursuant to Education Law § 3214 and a suspension will be imposed.
   • The building administrator/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 conference, if a conference is requested. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the building administrator makes a final determination, or the period of removal expires, whichever is less.
   • Any disruptive student removed from the classroom by the classroom teacher shall be offered continued educational programming and activities until he or she is permitted to return to the classroom.
   • In the event of teacher removal of a disruptive student in accord with the code of conduct, continued educational programming will be provided as soon as practicable. The type of continued educational program will vary depending on individual student needs, but may consist of, for example, a behavior recovery room/academic intervention room or other instruction as determined by the CSE, administrator, or other appropriate authority.
   • Each teacher must keep a complete log (on a district provided form) for all cases of removal of students from his/her class. The building administrator must keep a log of all removals of students from class.
   • Removal of a student with a disability, under certain circumstances, may constitute a change in the student’s placement. Additionally, no teacher may remove a student unless he/she has verified with the building administrator that the proposed removal would not constitute a change in placement.
     
     
6. Suspension from school
   • Suspension from school is a severe penalty that may be imposed only upon students who are 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 district superintendent and the building administrator.
   • Any staff member may recommend to the district superintendent or the building administrator that a student be suspended. All staff members must immediately report and refer a violent student to the building administrator or the district superintendent for a violation of the code of conduct. All recommendations and referrals shall 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 district superintendent or building administrator, upon receiving a recommendation or referral for suspension or when processing a case for suspension, shall gather the facts relevant to the matter and record them for subsequent presentation, if necessary.
     1. Short-term (five days or less) suspension from school.
        • When the district superintendent or building administrator (referred to as the "suspending authority") proposes to suspend a student charged with misconduct for five days or less pursuant to Education Law § 3214(3), the suspending authority must immediately notify the student orally. If the student denies the misconduct, the suspending authority must provide an explanation of the basis for the proposed suspension. The suspending authority must also notify the student’s parents in writing that the student may be suspended from school. The written notice must be provided by personal delivery, express mail delivery or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the decision to propose suspension at the last known address for the parents. 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 the parents.
        • The notice shall provide a description of the charges against the student and the incident for which suspension is proposed and shall inform the parents of the right to request an immediate informal conference with the building administrator. Both the notice and informal conference shall be in the dominant language or mode of communication used by the parents. At the conference, the parents shall be permitted to ask questions of complaining witnesses under such procedures as the building administrator may have established.
        • The notice and opportunity for an informal conference shall 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 shall take place as soon after the suspension as is reasonably practicable.
        • After the confer-ence, the building administrator shall promptly advise the parents in writing of his/her decision. The building administrator shall advise the parents that if they are not satisfied with the decision and wish to pursue the matter, they must file a written appeal to the component school superintendent within five business days, unless they can show extraordinary circumstances precluding them from doing so. The component school superintendent shall issue a written decision regarding the appeal within 10 business days of receiving the appeal. If the parents are not satisfied with the component school superintendent’s decision, they must file a written appeal to the board of education with the district clerk within 10 business days of the date of the component school superintendents’ decision, unless they can show extraordinary circumstances precluding them from doing so. Only final decisions of the board may be appealed to the
        • Commissioner within 30 days of the decision.
     2. Long-term (more than five days) suspension from school.
        • When the component school superintendent determines that a suspension for more than five days may be warranted, he/she shall give reasonable notice to the student and the student’s parents of their right to a fair hearing. At the hearing the student shall have the right to be represented by counsel, the right to question witnesses against him/her and the right to present witnesses and other evidence on his/her behalf.
        • The component school superintendent shall personally hear and determine the proceed-ing or may, in his/her discretion, designate a hearing officer to conduct the hearing. The hearing officer shall be authorized to admin-ister oaths and to issue subpoenas in conjunction with the proceeding before him/her. A record of the hearing shall be maintained, but no steno-graphic transcript shall be required. A tape recording shall be deemed a satisfactory record. The hearing officer shall make findings of fact and recommendations as to the appropriate measure of discipline to the component school superintendent. The report of the hearing officer shall be advisory only, and the district superintendent may accept all or any part thereof.
        • An appeal of the decision of the component school superintendent may be made to the board, which 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 10 business days of the date of the component school superintendent’s decision, unless the parents can show that extraordinary circumstances precluded them from doing so. The board may adopt in whole or in part the decision of the component school superintendent. Final decisions of the board may be appealed to the Commissioner within 30 days of the decision.
     3. Permanent suspension.
   • Permanent suspension is reserved for extraordinary circumstances such as where a student’s conduct poses a life-threatening danger to the safety and well-being of other students, school personnel or any other person lawfully on school property or attending a school function.

C. Minimum Periods of Suspension

1. Students who bring a weapon to school.
   • Any student found guilty of bringing a weapon onto school property will be subject to suspension from school for at least one calendar year. A student with a disability shall be reviewed in accordance with Section X and Appendix A. Before being suspended, the student will have an opportunity for a hearing pursuant to Education Law § 3214.
   • The district superintendent has the authority to modify the one-year suspension on a case-by-case basis. In deciding whether to modify the penalty, the component school superintendent may consider the following:
   1. The student’s age.
   2. The student’s grade in school.
   3. The student’s prior disciplinary record.
   4. The district superintendent’s belief that other forms of discipline may be more effective.
   5. Input from parents, teachers and/or others.
   6. Other extenuating circumstances.
   • A student with a disability may be suspended only in accordance with the requirements of state and federal law.
2. Students who commit violent acts other than bringing a weapon to school.
   • Any student who is found to have committed a violent act, other than bringing a weapon onto school property, shall be subject to suspension from school for at least five days. A student with a disability shall be reviewed in accordance with Section X and Appendix A. If the proposed penalty is the minimum five-day suspension, the student and the student’s parents 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 penalty exceeds the minimum five-day suspension, the student and the student’s parents will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The component school superintendent has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the district superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.
3. Students who are repeatedly substantially disruptive of the educational process or repeatedly substantially interfere with the teacher’s authority over the classroom
   • Any student 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 days. A student with a disability shall be reviewed in accordance with Section X and Appendix A. 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 on four or more occasions during a semester. If the proposed penalty is the minimum five-day suspension, the student and the student’s parent 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 penalty exceeds the minimum five-day suspension, the student and the student’s parent will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The component school superintendent has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the component school superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

D. Referrals

All referrals of students to counseling will be forwarded to the appropriate district/agency personnel.

1. Counseling
2. PINS Petitions
   • BOCES may file a PINS petition with regard to a Person in Need of Supervision as defined in the Family Court Act.
   1. Being habitually truant and not attending school as required by part one of Article 65 of the New York State Education Law.
   2. Engaging in an ongoing or continual course of conduct that makes the student ungovernable, or habitually disobedient, and beyond the lawful control of the school.
   3. Knowingly and unlawfully possesses marijuana in violation of Penal Law
      § 221.05. A single violation of § 221.05 will be a sufficient basis for filing a PINS petition.
3. Juvenile Delinquents and Juvenile Offenders
   • The component school superintendent is required to refer the following students to the County Attorney for a juvenile delinquency proceeding before the Family Court:
   1. Any student under the age of 16 who is found to have brought a weapon to school, or
   2. Any student 14 or 15 years old who qualifies for juvenile offender status under the Criminal Procedure Law §1.20 (42).
   • The component school superintendent is required to refer students age 16 and older or any student 14 or 15 years old who qualifies for juvenile offender status to the appropriate law enforcement authorities.

Education Law, §§ 2801, 3214
8 NYCRR, § 100.2(1)
Criminal Procedure Law § 1.20
Penal Law § 220.00(14)
20 USC § 8921
18 USC § 921
Appeal of Reeves, Dec. No. 13, 857 (1998) [involuntary transfer]
Appeal of Alexander, 36 Ed Dept Rep 160 (1996) [counseling]
Matter of Troy R., 29 Ed Dept Rep 424 (1990) [automatic penalties]
Appeal of Ward, 27 Ed Dept Rep 217 (1988) [indefinite suspension]
Appeal of Wood, 27 Ed Dept Rep 92 (1987) [suspension beyond school year]
Matter of Clark, 21 Ed Dept Rep 542 (1982) [extracurricular activities]
Matter of Caskey, 21 Ed Dept Rep 138 (1981) [reduction in grade]
Matter of MacWhinnie, 20 Ed Dept Rep 145 (1980) [reduction in grade]
Matter of Labriola, 20 Ed Dept Rep 74 (1980) [excessive penalty]
Matter of Roach, 19 Ed Dept Rep 377 (1980) [transportation; contingent suspensions]
Matter of Caulfield, 18 Ed Dept Rep 574 (1979) [suspension from classes]
Matter of Macheski, 13 Ed Dept Rep 112 (1973) [suspension by a principal]
Matter of DeVore, 11 Ed Dept Rep 296 (1972) [insufficient basis for discipline]
SED Memo to District Superintendents on detention, dated April 28, 1998 [limitations on imposition of detention]