Annual Notifications
Public school districts are required by federal and state laws to provide certain notices to parents and students annually. While we do publish these notices annually in our District calendar and newsletters, posting them to our website is a more convenient way to keep the community up-to-date with the most current information as laws and regulations constantly change. Required notices are listed to the right.
Annual Notifications
- Accessibility Statement
- Annual Fire Inspection
- Annual Professional Performance Review (APPR)
- Asbestos and Integrated Pest Management Notice
- Attendance Policy
- Budget and Elections
- Child Abuse Hotline
- Civil Rights / Equal Opportunity
- Dignity for All Students Act (DASA)
- Directory Information (Opt-Out Procedures)
- District-Wide Safety Plans
- Education of Students in Foster Care
- Education of Students in Temporary Housing
- Erin's Law
- Family Educational Rights & Privacy Act (FERPA)
- Food Service and Child Nutrition Program
- Immunizations & Student Physicals
- Medicaid Compliance Policy
- Megan's Law (Sex Offender Information)
- Parent's Bill of Rights for Data Privacy and Security
- Protection of Pupil Rights Amendment (PPRA)
- School Closing Information
- Section 504 and Child Find
- Sexual Harassment (Title IX)
- Student Code of Conduct
- Student Technology Acceptable Use Policy
- Title I Information
- Wellness Policy
- Cheektowaga-Sloan UFSD Policy Manual
Accessibility Statement
The Cheektowaga-Sloan Union Free School District is committed to making information on its website accessible to all online visitors, including those individuals with hearing, vision, or cognitive disabilities, so that they have equal opportunity to obtain the same results, gain the same benefits, and reach the same levels of achievement.
The District has undertaken good-faith efforts to ensure that its website complies with the current New York State standards on website accessibility, which include conducting a regular and thorough audit of online content and functionality. The District will make all reasonable efforts to ensure that all new, newly added, or modified online content and functionality will be accessible to people with disabilities.
The District will consider the educational opportunities and benefits it provides through technology, how its technology provides these opportunities and benefits, whether the technology exists in a format that is accessible to individuals with disabilities, whether the technology can be modified, and the availability of a different technological device in making decisions that may affect access to its website. The District may address specific pages, information formats, or features; it may expressly identify the pages or information that may be deciphered by screen readers; and it may specify any readers that may need downloading on its website. Moreover, the District may provide links to information or features on its website to further assist users.
If you find a page on our website is not accessible, please contact our webmaster at pfuchs@cheektowagasloan.org.
Annual Fire Inspection
Notice is hereby given that the annual inspection for 2023-2024 of all District school buildings of Cheektowaga-Sloan Union Free Schools for fire hazards which might endanger the lives of students, teachers and employees therein, has been completed and the report is available in the Buildings and Grounds Department office at JFK High School, 305 Cayuga Creek Road, Cheektowaga, NY, for inspection by all interested persons.
Annual Professional Performance Review (APPR)
Pursuant to Education Law §3012-d with regard to the Annual Professional Performance Review (APPR), parents and legal guardians may request the final quality rating for each teacher and the principal of the school building in which their child is assigned for the current school year. The District, in accordance with education law (§3012-d), has developed procedures and processes to guide the release of this confidential information. Additionally, the District also must provide parents and legal guardians with an explanation of the final quality rating, with an opportunity to understand such rating in the context of teacher evaluation and student performance. To inquire about the District protocol for parents and legal guardians to obtain APPR information, please contact the office of the Assistant Superintendent at (716) 897-7800 extension 2208.
Asbestos and Integrated Pest Management Notice
Asbestos Notification
In compliance with the requirements of the Asbestos Hazard Emergency Response Act of 1987, you are hereby notified that the Management Plan and supportive data prepared in accordance with the requirements of the law are on file as follows:
- For each school building (and other buildings on the same school site), in the office of the principal of the building
- In the Bus Garage Office
- In the District Office
Copies of the Management Plans and supportive data for all buildings owned or leased by the District are also on file in the District Office, 166 Halstead Avenue, Sloan, NY 14212, phone number: 716-897-7800.
Integrated Pest Management Notification
Integrated Pest Management (IPM) is a systematic approach to managing pests focusing on long-term prevention or suppression with minimal impact on human health, the environment, and non-target organisms. The District's strategies for managing pest populations, should they develop, will be based upon the pest species and whether that species poses a threat to our students, staff, property, or the environment.
The District’s updated IPM program was implemented in 2021. All applications are performed by a licensed applicator, contracted by the school district. The program goal is to use minimal amounts of pesticide to control the pest population in and around our schools (331,550 square feet of building space and 61.78 acres of grounds).
The District’s IPM program protects individuals from an imminent threat from stinging and biting insects including venomous spiders, bees, wasps, and hornets. In the event of emergency treatment, notification will be made as soon as practicable.
If you wish to receive a 48-hour prior notification of a pesticide application, please contact your school office to have your name placed on a list for this purpose. If you have any questions regarding the district's IPM program, please call Mr. Goodrow, the Integrated Pest Management Coordinator, at 716-897-7800 extension 1191.
Attendance Policy
Statement of Overall Objectives
New York State Education Law requires that students attend school every day it is in session unless they are legally excused. The educational program offered by the Cheektowaga-Sloan Union Free School District is predicated on the presence of the student and requires continuity of instruction and classroom participation.
School attendance is both a right and a responsibility. The School District is an active partner with students and parents in the task of ensuring that all students meet or exceed the New York State Learning Standards. The Cheektowaga Sloan Union Free School District recognizes that school attendance, academic success and school completion have a positive correlation and that all three affect future employment. Therefore, the School District has developed and, if necessary, will revise a Comprehensive Student Attendance Policy.
Determination of Excused and Unexcused Absences, Tardiness and Early Departures
Based upon our District’s education and community needs, values and priorities, the District has determined that absences, tardiness and early departures will be considered excused or unexcused according to the following standards. The classification of excused and unexcused absences applies to all grade levels.
a. Excused: An absence, tardiness or early departure may be excused due to:
-
- Personal illness
- Illness or death in the family
- Impassable roads due to inclement weather
- Religious observance
- Participation in "Take Your Child to Work" day
- Quarantine
- Required court appearances
- Attendance at health clinics
- Approved college visits
- Approved cooperative work programs
- Military obligations
- Late bus
- School-sponsored field trips
- School endorsed but non-school sponsored activities with a bona fide educational purpose and a direct relationship to the student's current course schedule to include NYSBDA; NYSSMA; honor ensembles; state-level FBLA and DECA competitions and officer meetings; and sectional, regional, state and national athletic competitions for individual athletes
- Or other such reasons as may be approved by the Board of Education
b . Unexcused: An absence, tardiness or early departure is considered unexcused if the reason for the lack of attendance does not fall into the above categories.
-
Examples of unexcused absences include but are not limited to:
- family vacation
- hunting
- babysitting
- hair cut
- obtaining a learner's permit
- road test
- oversleeping
- missed bus
- OR private instruction
The District encourages parents, whenever possible, to schedule outside appointments for their child before or after school hours.
Written requests from, the parent/guardian for the release of students generally will be honored. The appropriate time and reason for absence shall be recorded on the attendance record, using the procedures mandated by the state.
Any absence from school requires a note from the parent or guardian as to the reason for the absence.
For our complete Attendance Policy, please click here: Code of Conduct (pages 19-21)
Budget and Elections
Child Abuse Hotline
Section 409-1 of the New York Education Law, which became effective January 17, 2017, requires schools to post English and Spanish information for the toll free number operated by the New York State Office of Child and Family Services. Should you suspect or have knowledge that you or a child is being abused or maltreated report it immediately by contacting the number below.
The toll-free telephone number operated by the NYS Office of Child and Family Services to report child abuse or neglect is 1-800-342-3720. Visit the OCFS website at http://ocfs.ny.gov/main/cps
If you believe that a child is in immediate danger, call 911 or your local police department.
Spanish
Los reportes de sospecha de abuso o maltrato infantil deberían hacerse inmediatamente por teléfono, a cualquier hora y cualquier día de la semana, al Registro Central de Abuso y Maltrato Infantil del Estado (Statewide Central Register of Child Abuse and Maltreatment—SCR). Los números de teléfono a los que puede llamar son:
Número de la Línea de Emergencia de Abuso Infantil: 1-800-342-3720
Civil Rights / Equal Opportunity
The Cheektowaga-Sloan UFSD is an equal-opportunity employer that does not discriminate against any employee or applicant for employment in its programs and activities on the basis of race, color, creed, national origin, religion, sex (including gender identity or the status of being transgender), sexual orientation, disability, age, military status, predisposing genetic characteristics, marital status, domestic-violence-victim status, criminal arrest or conviction record, or any other basis prohibited by state or federal non-discrimination laws.
Please address questions and complaints to the District Compliance Officers: Superintendent Andrea Galenski at (716) 897-7800, ext. 2402 or School Business Manager Wayne Drescher at (716) 897-7800, ext. 2405. Mailing Address: Cheektowaga-Sloan Union Free School District, 166 Halstead Avenue, Sloan, NY, 14212.
Dignity for All Students Act (DASA)
The Dignity for All Students Act implemented in July 2012, states that all students in public schools are entitled to safe and supportive environment free from discrimination and harassment. No student shall be subjected to harassment, discrimination, or bullying by school employees or by students on school property or at a school function. Bullying is a serious issue that every school in the nation faces. The Cheektowaga-Sloan Union Free School District has policies and procedures for addressing and intervening in instances of bullying.
In addition, amendments to the regulation (effective July 1, 2013) have added explicit references prohibiting cyber bullying. Children may be held accountable for these acts, even if committed OUTSIDE of school or school-sponsored events.
DASA includes provisions regarding reporting, codes of conduct, professional development, and classroom instruction. At least one highly-trained employee will be designated as a DASA coordinator in each school and will be responsible for receiving and reporting incidents. In addition, training is to be provided to staff and students in order to raise awareness, provide strategies for prevention, and offer methods of responding to acts of discrimination and/or harassment. Finally, schools will be required to collect and report data related to “material incidents” of discrimination and harassment.
- JFK High School Coordinator: Jessica Stiglmeier, 897-7800 ext. 1114
- JFK Middle School Coordinator: Erin Stillman, 897-7800 ext. 1135
- Woodrow Wilson Coordinator: Alyssa Ernst, 897-7800 ext. 2115
- Theodore Roosevelt Coordinator: Heidi Kildal, 897-7800 ext. 3005
Link to DASA Reporting Form: Click here
Directory Information (Opt-Out Procedures)
Designated Directory Information
The school district designates the following personally identifiable information contained in a student’s education record as “directory information” and shall release the information without prior written consent unless it is for commercial purposes.
- Student’s name, email address, and date of birth (if required for a school-sponsored course, organization, activity, or report)
- Name(s) of the student’s parent(s) or legal guardians
- Student’s address and phone number to law enforcement authorities for the purposes of complying with an active investigation.
- Student’s grade designation (i.e., first grade, tenth grade, etc.)
- Student’s extracurricular school activities and offices (e.g., member of the Math Club; Secretary of Student Council)
- Student’s school achievement, awards, and honors (e.g., member of National Honor Society; selected for MVP award in Soccer)
- Relevant statistics, jersey number, and personal data-if a member of an athletic team or other school-sponsored course, organization, or activity
- Present and previous school(s) attended by the student
Opt-Out - If you do not want the District to disclose the above directory information from your child’s educational records without your prior written consent, including to military recruiters, institutions of higher education, and potential employers, you must notify the District in writing by September 30 for the current school year. This notice must be sent to the building principal of your child’s school every year.
Please note – A student photograph, video, or recording is not designated as “directory information.” However, these may be used without prior written consent in District programs or to provide information or publicity for a school activity, the student, school, or District. If you refuse to permit the use of your student’s photograph, video, or recording for these District purposes, you must notify the District in writing as directed above by September 30 for the current school year. This opt-out expires on June 30 of that school year.
District-Wide Safety Plans
Education of Students in Foster Care
In accordance with federal and state law, school districts are required to designate a Foster Care point of contact. The Foster Care point of contact for the Cheektowaga-Sloan Union Free School District is:
Contact Information:
Director of Special Education and Student Services
Jessica Emmerling
716-897-7800 ext. 1118
jemmerling@cheektowagasloan.org
Mailing Address:
JFK Senior High School
C/O Jessica Emmerling
305 Cayuga Creek Road
Cheektowaga, New York, 14227
School District Policy for Education of Students in Foster Care
Education of Students in Temporary Housing
Is your housing uncertain? Do you live at a temporary address? Are you living...
- With relatives, friends, or others because you lost your housing, or because of economic hardship?
- In a shelter?
- In a motel or hotel because you have nowhere else to go?
- In inadequate housing?
You have important school rights and protection under the McKinney-Vento Act. Children and your in temporary housing have the right to:
- stay in the same school, including pre-k, and get free transportation even if it is across district lines;
- immediately enroll in school without records (school records, medical records, vaccination records, proof of residency);
- get special education services immediately if the student has a current Individualized Education Plan (IEP);
- participate fully in school activities, including before- or after-school activities;
- get support services and help with things like school supplies through Title I;
- get free school meals without filling out an application;
- get help enrolling in pre-k, Head Start, other preschool programs, and Early Intervention; and
- get help applying for financial aid for college if the student is an unaccompanied youth.
Where can I get help?
Every school district must have a McKinney-Vento liaison to help students in temporary housing.
District McKinney-Vento Liason
Mrs. Jessica Emmerling, Director of Special Education
Phone Number: (716) 891-6429
Email Address: jemmerling@cheektowagasloan.org
NOTE: All inquiries and designations will be confidential in nature.
The New York State Technical and Education Center for Homeless Students (NYS TEACHS) created a brochure with some helpful information for homeless students and their families. See below for a copy of this brochure.
CLICK HERE for the NYS TEACHS Brochure (English)
CLICK HERE for the NYS TEACHS Brochure (Spanish)
School District Policy for Education of Students in Temporary Housing
Erin's Law
Family Educational Rights & Privacy Act (FERPA)
Notification of Rights Under Family Educational Rights and Privacy Act (FERPA) For Elementary and Secondary Schools
The District's procedures for the confidentiality of student records are consistent with federal statutes, including the Family Educational Rights and Privacy Act (FERPA). The parents, those acting in a parental relationship, or eligible students of the Cheektowaga-Sloan Union Free School District are hereby notified that you have the following rights in relation to student records under the Family Educational Rights and Privacy Act (FERPA) and Board of Education Policy #7350.
1. The right to inspect and review student's education records, unless otherwise limited by court order or other legally binding instrument, within 45 days of receipt of request.
2. The right to request the amendment of the student's education records that the parent or eligible student believes are inaccurate. Parents or eligible students may request such amendment by writing to the School Principal (or appropriate school official), clearly identify the part of the record they want changed, and specifying why it is inaccurate. If the School decides not to amend the record as requested by the parent or eligible student, the School will notify the parent or eligible student of the decision and advise them of the right to a hearing regarding the requested amendment. Additional information regarding hearing procedures will be provided to the parent or eligible student when notified of this right.
3. The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the School District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the School has contracted to perform a special task (such as an attorney, auditor, medical consultant or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School District to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901.
5. If either a student's parent, those acting in a parental relationship, or the eligible student desire to obtain copies of the policy pertaining to student records, notification should be presented to the Superintendent of Schools, 166 Halstead Avenue, Sloan, New York 14212.
Information about Directory Information and the steps to opt-out of the sharing of Directory Information can be found here.
Food Service and Child Nutrition Program
Child Nutrition Program
Mission
Our mission is to provide each student with safe, well balanced, nutritious and affordable meals. We provide nutrition education and promote healthy eating habits. We provide healthy breakfasts, lunches and snacks so that the students of Cheektowaga-Sloan Schools are ready to engage in the learning environment that prepares all students to become responsible citizens in a diverse, global society.
Vision
Assisting all students to realize their potential in a rapidly changing, diverse, global society by providing healthy food for building their foundation.
Belief
- A hungry child cannot learn.
- All students will have the opportunity to participate in the National School Breakfast and Lunch Program.
- We recognize the vital relationship of nutrition and education.
- We offer nutritious meals at breakfast and lunch with friendly service by qualified staff observing high sanitation and safety standards, utilizing cost-effective management practices, and following the School Nutrition Program guidelines.
- Diversity enriches our School Nutrition program through the recognition of the different cultures.
Good Nutrition and School meals go hand in hand!
Meals, foods and beverages sold or served at schools meet state and federal requirements which are based on the USDA Dietary Guidelines. We provide students access to a variety of different items daily to choose from. Students must take three or four items, one being fruit or juice to quality as a school breakfast.
Lunch guidelines require us to offer 5 Components (Milk, Fruit, Vegetable, Whole Grains and Protein). Students must take a minimum of three components, one of which must be a fruit or vegetable.
Nondiscrimination Statement
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.
Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: How to File a Complaint, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:
1. mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410;
2. fax: (202) 690-7442; or
3. email: intake@usda.gov.
This institution is an equal opportunity provider.
Special meal accommodations can be made with a medical note from a doctors’ office on file stating the allergy/disability and the substitution.
Immunizations & Student Physicals
New York State Education Law requires that a physical exam be conducted on all new students and students entering Pre-K, K, 1, 3, 5, 7, 9 and 11. Updated physical forms are also needed for sports and work permits.
Health appraisal forms should be forwarded or faxed to the school nurse within 14 days of the child’s first day of school. (It is a good idea to schedule an appointment before the summer starts - appointments fill up fast!) Click the link below for a copy of the exam form to take to your appointment:
Required Health Screenings
New York State Law mandates that students in grades Pre-K, K, 1, 3, 5, 7, 9, and 11 receive a vision and hearing screening. Additionally, girls in grades 5 and 7 and boys in grade 9 are screened for scoliosis. Parents are notified by letter or phone call of any recommended follow up resulting from these screenings.
Medicaid Compliance Policy
The Cheektowaga-Sloan Union Free School District has established a Medicaid Compliance Policy to ensure that claims for services are in compliance with all applicable federal and New York State laws and regulations. The District’s designated Medicaid compliance officer is (Jessica Emmerling, 305 Cayuga Creek Rd, Cheektowaga, NY 14227). To anonymously report a compliance concern, please call (716-897-7800 ext. 1118).
Megan's Law (Sex Offender Information)
Under the Sex Offender Registration Act (SORA), also known as Megan’s Law, the Cheektowaga Sloan UFSD periodically receives notification from the Cheektowaga Police Department about registered sex offenders who are currently residing in or attending a school of higher learning located within the boundaries of the school district. The purpose of this notification is to alert members of the community to the presence of individuals who may present a danger, particularly to children. Megan’s Law also authorizes any entity receiving information from law enforcement about registered sex offenders (i.e. the school district) to disclose or further disseminate such information, at its discretion. Any such notices will be posted on our district website.
The safety of our children is everyone’s business and all of us play a role in keeping children safe from harm. Please talk to your children about contacts with strangers, taking appropriate safety measures, and encouraging them to speak with you about situations that make them feel uncomfortable.
If you have any questions specific to Megan’s Law please contact the Cheektowaga Police Department at (716) 686-3544, or online at www.cpdny.org: click on Crime Information -> Sex Offenders. You may also obtain information by contacting the New York State Sex Offenders Registry at 1-800-262-3257.
Community Notifications
Parent's Bill of Rights for Data Privacy and Security
https://www.nysed.gov/data-privacy-security/parents-and-students-file-privacy-complaintThe Cheektowaga-Sloan Union Free School District is committed to protecting the privacy and security of student, teacher, and principal data. In accordance with Education Law §2-d, Cheektowaga-Sloan UFSD wishes to inform parents (including legal guardians or persons in parental relationships) and eligible students (students 18 years and older) that they can expect the following:
- A student’s personally identifiable information (PII) cannot be sold or released for any commercial purpose. PII, as defined by Education Law § 2-d and FERPA, includes direct identifiers such as a student’s name or identification number, parent’s name, or address; and indirect identifiers such as a student’s date of birth, which when linked to or combined with other information can be used to distinguish or trace a student’s identity. Please see FERPA’s regulations at 34 CFR 99.3 for a more complete definition.
- The right to inspect and review the complete contents of the student’s education record stored or maintained by an educational agency. This right may not apply to parents of an Eligible Student.
- State and federal laws such as Education Law § 2-d; the Commissioner of Education’s Regulations at 8 NYCRR Part 121, the Family Educational Rights and Privacy Act ("FERPA") at 12 U.S.C. 1232g (34 CFR Part 99); Children's Online Privacy Protection Act ("COPPA") at 15 U.S.C. 6501-6502 (16 CFR Part 312); Protection of Pupil Rights Amendment ("PPRA") at 20 U.S.C. 1232h (34 CFR Part 98); the Individuals with Disabilities Education Act (“IDEA”) at 20 U.S.C. 1400 et seq. (34 CFR Part 300); protect the confidentiality of a student’s identifiable information.
- Safeguards associated with industry standards and best practices including but not limited to encryption, firewalls and password protection must be in place when student PII is stored or transferred.
- A complete list of all student data elements collected by NYSED is available at http://www.nysed.gov/data-privacy-security/student-data-inventory and by writing to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234.
- The right to have complaints about possible breaches and unauthorized disclosures of PII addressed. Complaints may be submitted to NYSED at https://www.nysed.gov/data-privacy-security/parents-and-students-file-privacy-complaint, by mail to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234; by email to privacy@nysed.gov; or by telephone at 518-474- 0937.
- To be notified in accordance with applicable laws and regulations if a breach or unauthorized release of PII occurs.
- Educational agency workers that handle PII will receive training on applicable state and federal laws, policies, and safeguards associated with industry standards and best practices that protect PII.
- Educational agency contracts with vendors that receive PII will address statutory and regulatory data privacy and security requirements.
Supplemental Information Regarding Third-Party Contractors
In the course of complying with its obligations under the law and providing educational services, Cheektowaga-Sloan Union Free School District has entered into agreements with certain third-party contractors. Pursuant to such agreements, third-party contractors may have access to "student data" and/or "teacher or principal data," as those terms are defined by law.
Each contract the CSUFSD enters into with a third-party contractor where the third party contractor receives student data or teacher or principal data will include the following information:
- the exclusive purposes for which the student data or teacher or principal data will be used;
- how the third-party contractor will ensure that the subcontractors, persons or entities that the third-party contractor will share the student data or teacher or principal data with, if any, will abide by data protection and security requirements;
- when the agreement expires and what happens to the student data or teacher or principal data upon expiration of the agreement;
- if and how a parent, student, eligible student, teacher or principal may challenge the accuracy of the student data or teacher or principal data that is collected; and
- where the student data or teacher or principal data will be stored (described in such a manner as to protect data security), and the security protections taken to ensure such data will be protected, including whether such data will be encrypted.
If you have any questions regarding the application of these provisions, or the manner in which the parents' bill of rights is being implemented, please feel free to contact the District Data Coordinator, Brian Zybala at BZybala@cheektowagasloan.org or (716) 897-7800 ext. 2124.
Protection of Pupil Rights Amendment (PPRA)
The Protection of Pupil Rights Amendment (PPRA) affords parents certain rights regarding CSUFSD's conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to:
Consent before students are required to submit to a survey that concerns one or more of the following protected areas if the survey is funded in whole or in part by a program of the U.S. Department of Education or is issued by a “third party”:
- Political affiliations or beliefs of the student or student’s parent,
- Mental or psychological problems of the student or student’s family,
- Sex behavior or attitudes,
- Illegal, anti-social, self-incriminating, or demeaning behavior,
- Critical appraisals of others with whom respondents have close family relationships,
- Legally recognized privileged relationships such as with lawyers, doctors, or ministers,
- Religious practices, affiliations, or beliefs of the student or parents, or
- Income, other than as required by law, to determine program eligibility.
Receive notice and an opportunity to opt a student out of:
- Any other protected information survey, regardless of funding;
- Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, scoliosis screenings, or any physical exam or screening permitted or required under State law; and
- Activities involving collecting, disclosing, or using personal information obtained from students for marketing or to sell or otherwise distributing the information to others.
Inspect, upon request and before administration or use:
- Protected information surveys of students;
- Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
- Instructional material used as part of the educational curriculum.
These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State law. Parents who believe their rights have been violated may file a complaint with:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-8520
School Closing Information
Should the school close for any reason, the District will send an emergency message to affected households through an automated phone notification system as well as the use of the District website. School closings will also be broadcasted over the following radio and television stations:
WGRZ - Channel 2
WIVB - Channel 4
WKBW - Channel 7
Spectrum News - Channel 9
Announcements will normally be given between 6:00 and 6:30 a.m. and will be repeated. Unless otherwise noted, all scheduled use of schools is cancelled on a day that school is closed. All parents, especially working parents, should instruct students where to go if schools are dismissed unexpectedly during the day. When school is closed, all related activities - athletic events, field trips, extracurricular activities, and Community Education classes - will also be cancelled. Also, when Cheektowaga-Sloan Schools are closed due to inclement weather conditions, Cheektowaga-Sloan school buses will not transport any students, regardless of the school they attend.
Section 504 and Child Find
SPECIAL EDUCATION SERVICES
Each school district in New York State is required by law to establish a Committee on Special Education (CSE), comprised of parents and professional school personnel, which reviews the needs of each student referred and determines if she/he is determined as student with an educational disability. A continuum of services is available for any student identified by the Committee as student with an educational disability.
The school district is also responsible for the placement of preschool students (ages 3 and 4), who have been identified by the Committee on Preschool Special Education (CPSE) as preschool student with an educational disability. This Committee is comprised of parents, a representative of Erie County, a representative of a preschool education agency, and other professional personnel, which review the needs of each student, referred and will determine if she/he is determined as student with an educational disability.
If you suspect your child may have a disability, please contact the Office of Special Education & Student Services at 716-891- 6429, your child's teacher, or your child’s building principal. You may also locate information on the following link to the New York state website, http://www.p12.nysed.gov/specialed/publications/policy/parentsguide.pdf, related to a parent’s guide to special education in New York State for children ages three through twenty-one.
CHILD FIND
The Cheektowaga Sloan Union Free School District is committed to providing all students with a free and appropriate public education. Our goal is to provide all students with the necessary and appropriate support to be successful. In order to meet our students’ needs, we engage in a continuous process of public awareness activities, screening and evaluation designed to locate, identify, and refer as early as possible, young children with disabilities and their families who are in need of an Early Intervention Program (EI) or Preschool Special Education services (CPSE) and Committee on Special Education (CSE) services through the Individuals with Disabilities Education Act (IDEA).
To receive special education programming and services, children must meet eligibility guidelines according to IDEA. IDEA requires all states to have a "Comprehensive Child Find System" to assure that all children who are in need of special education services are located, identified, and referred. The District is committed to identifying children with disabilities and providing necessary, appropriate services and support within the least restrictive environment. If you believe that your child may be a child with a disability or in need of support services, please contact the Office of Special Education & Student Services at 716-891-6429.
Sexual Harassment (Title IX)
Title IX protects people from discrimination based on sex in education, programs, or activities that receive federal financial assistance.
Title IX states:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
The District takes our responsibilities under Title IX very seriously. Our Title IX coordinators are
Wayne Drescher (School Business Official) 716-897-7800 ext. 2405; wdrescher@cheektowagasloan.org
Janelle Finn (Assistant Superintendent) 716-897-7800 ext. 2208; jfinn@cheektowagasloan.org
Our Civil Rights Compliance Officer is
Andrea Galenski (Superintendent) 716-897-7800 ext. 2402; agalenski@cheektowagasloan.org.
Student Code of Conduct
The Cheektowaga-Sloan Union Free School District 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. The District further believes that a Code of Conduct provides a foundation for the continual learning process without disruption or interference of educational services. Responsible behavior by the school community, students, teachers, other District personnel, parent/guardians and other visitors is essential to achieving this goal.
We also believe that parent/guardian support and involvement are vital. All segments of the school community play an equal role in the education of our students, and by fulfilling their responsibilities, provide an environment in which the student achieves his/her maximum potential.
The District has a definitive set of expectations for conduct on school property and at school functions. These expectations are based on the principles of civility, mutual respect, citizenship, character, honesty and integrity. We are committed to creating a safe learning environment where all community members are responsible for maintaining a climate of mutual respect.
Cheektowaga-Sloan
2024-2025
Code of Conduct
Table of Contents
- Introduction
- Definitions
- Student Rights and Responsibilities
- Essential Partners
- Student Dress Code
- Prohibited Student Conduct
- Reporting Violations
- Disciplinary Penalties, Procedures, and Referral
- Discipline of Students with Disabilities
- Use of Physical Force/Restraint
- Student Searches and Interrogations
- Visitors to the Schools
- Public Conduct on School Property
- Dignity for All Students Act, Hazing, and Harassment
- Academic Policy and Eligibility
- Student Attendance
- Enforcement, Dissemination, and Review
Introduction
We, the Cheektowaga-Sloan Union Free School District, believe that a Code of Conduct provides a foundation for the continual learning process without disruption or interference of educational services. Responsible behavior by the school community, students, teachers, other District personnel, parent/guardians and other visitors is essential to achieving this goal.
Further, we believe that parent/guardian support and involvement are also vital. All segments of the school community play an equal role in the education of our students, and by fulfilling their responsibilities, provide an environment in which the student achieves his/her maximum potential.
The District has a definitive set of expectations for conduct on school property and at school functions. These expectations are based on the principles of civility, mutual respect, citizenship, character, honesty and integrity.
We are committed to creating a safe learning environment where all community members are responsible for maintaining a climate of mutual respect.
The Board recognizes the need to clarify, in a definitive manner, these expectations for acceptable conduct on school property, to identify the possible consequences of unacceptable conduct, and to ensure that discipline when necessary is administered promptly and fairly. To this end, the Board adopts this Code of Conduct.
Theodore Roosevelt……………………………………………………………………………………………………891-6424
Grades Pre K-2
Woodrow Wilson…………………….……………………………………..………………………………………….891-6419
Grades 3-5
John F. Kennedy Middle School…………………………………..…………………………………………..…897-7300
Grades 6-8
John F. Kennedy High School…………………………………….………………………………………………..891-6407
Grades 9-12
Definitions
For purposes of this Code, the following definitions apply:
Behavior Management System means a process or system of consequences for behavior that is developed by staff in a particular building or program which is used by staff and students in order to monitor and improve student behaviors. Point accumulation, levels and rewards are all part of a typical behavior management system, especially within the special education programs.
Committee on Special Education (CSE) means the committee on special education, subcommittee on special education, or other multi-disciplinary team.
Disciplinary Change in Placement means a long term suspension or removal of a student with a disability from his/her current educational placement that is either for more than ten consecutive school days or for a period of ten consecutive school days or less if the student is subjected to a series of suspensions or removals that constitute a pattern because they accumulate to more than ten school days in a school year.
Disruptive Student means a school age or adult student who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom.
Electronic Communications Device includes radios, beepers, CD players, cell phones, recording devices, MP3 players, laptops, computers, and any assistive or augmentative devices which assist in communication.
Formal Removal by Teacher means the action by a certified teacher to have a disruptive student removed from the classroom. Time-honored classroom management techniques for controlling student behavior, defusing a situation and/ or preventing a crisis are not considered formal removal by a teacher for purpose of this Code.
Individualized Educational Program (IEP) means a written statement developed, reviewed and revised in accordance with section 200.4 of the Regulations of the Commissioner that includes the components specified in section 200.4(d)(2) of the Regulations to be provided to meet the unique educational needs of a student with a disability.
Individuals with Disabilities Education Act (IDEA) means the Federal laws related to the education of students with disabilities.
Itinerant Teacher means a certified staff member who provides specialized services, such as hearing, vision, or other educationally related services or special subject content such as physical education, art, music, or language instruction (i.e. Spanish) to students and is not assigned to one program or building. Itinerant teachers are expected to adhere to the building and/or program parameters for discipline of each location in working with students attending that school.
Long Term Suspension means a suspension of more than five consecutive school days.
Manifestation Determination means a review of the relationship between the student’s disability and the behavior subject to disciplinary action that is conducted by the Committee on Special Education (CSE).
Non-Violent Crisis Intervention means those techniques that enable staff to maintain control in an unlimited number of crisis situations through calm, confident actions that help staff defuse the disruptive student and reduce the chance for physical injury to all who are present. In non-violent crisis intervention, the emphasis is always on the staff’s primary responsibility: the care, welfare, safety and security of our students and staff. Physical restraint is only used when all verbal and paraverbal techniques have been exhausted and the individual’s actions are escalating toward physical aggression. Even when physical control is used, it is used in such a way to control and protect students.
Parent and Guardian means parent, guardian or person in a parental relation to a student.
Positive School Climate means a setting where all students and staff experience a safe, healthy and caring environment which fosters respect and high expectations, maximizes potential, and motivates interest and enthusiasm.
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 Section 142.
School Function means any school-sponsored extracurricular event or activity.
Shared Decision Making (SDM) Committee means an officially designated group (at the building, division, or agency level) that includes teachers, administrators, paraeducators, student support personnel, students, parent/guardians, and other school staff who are focused on developing ways to improve the educational process.
Short Term Suspension means a suspension of five consecutive days or fewer.
Violent Student means a school age student or adult who:
1. Commits an act of violence upon a school employee, or attempts to do so.
2. Commits, while on school property or at a school function, an act of violence upon another student or any other person lawfully on school property or at the school function, or attempts to do so.
3. Possesses, while on school property or at a school function, a weapon.
4. Displays, while on school property or at a school function, what appears to be a weapon.
5. Threatens, while on school property or at a school function, to use a weapon.
6. 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.
7. Knowingly and intentionally damages or destroys School District property.
Weapon means a firearm as defined in 18 USC Section 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, sling shot, 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 cause physical injury or death when used to cause physical injury or death.
Firearm as defined by Gun-Free School Act (18 USC Section 921) means any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of such weapon; any firearm muffler or silencer; or any “destructive device” (i.e., any explosive, incendiary, or poison gas, including bombs, grenades, rockets or other similar devices).
Student Rights and Responsibilities
With every right comes a responsibility.
It is the Student’s Right: |
It is the Student’s Responsibility: |
To attend school in the district in which one's parent or legal guardian resides. |
To attend school daily, regularly and on time, perform assignments, and strive to do the highest quality work possible and be granted the opportunity to receive a good education. |
To expect that school will be a safe, orderly and purposeful place for all students to gain an education and to be treated fairly. |
To be aware of all rules and expectations regulating student's behavior and conduct oneself in accordance with these guidelines. |
To be respected as an individual. |
To respect one another, and to treat others in the manner that one would want to be treated. |
To express one's opinions verbally or in writing. |
To express opinions and ideas in a respectful manner so as not to offend, slander, or restrict, the rights and privileges of others. |
To dress in such a way as to express one's personality. |
To dress appropriately in accordance with the dress code, so as not to endanger physical health, safety, limit participation in school activities or be unduly distracting. |
To be afforded equal and appropriate educational opportunities. |
To be aware of available educational programs in order to use and develop one's capabilities to their maximum. |
To take part in all school activities on an equal basis regardless of race, color creed, religion, religious practice, sex, sexual orientation, gender, national origin, ethnic group, political affiliation, age, marital status, or disability. |
To work to the best of one's ability in all academic and extracurricular activities, as well as being fair and supportive of others. |
To have access to relevant and objective information concerning drug and alcohol abuse, as well as access to individuals or agencies capable of providing direct assistance to students with serious personal problems. |
To be aware of the information and services available and to seek assistance in dealing with personal problems, when appropriate. |
To be protected from intimidation, harassment, or discrimination based on actual or perceived race, color, weight, national origin, ethnic group, religion, or religious practice, sex, gender/ gender identity, sexual orientation, or disability, by employees or students on school property or at a school- sponsored event, function or activity. |
To respect one another and treat others fairly in accordance with the District Code of Conduct and the provisions of the Dignity Act. To conduct themselves in a manner that fosters an environment that is free from intimidation, harassment, or discrimination. To report and encourage others, to report any incidents of intimidation, harassment or discrimination. |
Essential Partners
Parent/guardians, teachers, building administrators, the Board of Education, Superintendent, student support service personnel and other building staff are an integral part of a student’s educational experience. Open communication among all parties is foremost; each has particular expectations with regard to their roles.
Parent/guardians
All parent/guardians are expected to:
1. Recognize that the education of their child(ren) is a joint responsibility of the Parent/guardians and school community.
2. Send their children to school ready to participate and learn.
3. Instill a sense of responsibility for safety and appropriate behavior in their children.
4. Ensure that children attend school regularly and on time.
5. Ensure absences are excused.
6. Insist their children be dressed and groomed in a manner consistent with the student dress code.
7. Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly environment.
8. Know school rules and help their children understand them.
9. Convey to their children a supportive and respectful attitude towards education and the District.
10. Build good relationships with teachers, other parent/guardians and their children’s friends.
11. Help children deal effectively with peer pressure.
12. Inform school officials of any home situations which may affect student’s conduct or performance.
13. Provide a place for study and ensure homework assignments are completed.
14. Teach their children respect and dignity for themselves, and other students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender/gender identity, or sex, which will strengthen the child’s confidence and promote learning in accordance with the Dignity for All Students Act.
Teachers
All District teachers are expected to:
1. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender/gender identity, or sex, with an understanding of appropriate appearance, language, and behavior in a school setting, which will strengthen students’ self-image 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, abide by them and enforce them in a fair and consistent manner.
5. Communicate to students and parent/guardians:
a. Course objectives and requirements.
b. Marking/grading procedures.
c. Assignment deadlines.
d. Expectations for students.
e. Classroom discipline plan.
6. Communicate regularly, with students, parent/guardians and other teachers concerning growth and achievement.
7. Confront issues of discrimination and harassment in any situation that threatens the emotional or physical health of safety of any students, school employee or any person who is lawfully on school property or at a school function.
8. Address personal biases that may prevent equal treatment of all students in the school or classroom setting.
9. Report incidents of discrimination and harassment that are witnessed or otherwise brought to a teacher’s attention to the building administrator and/or Dignity Act Coordinator in a timely manner.
School Counselors, Social Workers, School Psychologists
School Counselors, Social Workers, and School Psychologists 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/guardian/teacher/ student/counselor conferences, as necessary, as a way to resolve problems.
3. Encourage students to benefit from the curriculum and extracurricular programs.
4. According to their respective roles, regularly review with students their educational progress and career plans.
5. According to their respective roles, provide information to assist students with career planning.
6. Maintain and encourage a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender/gender identity, or sex, with an understanding of appropriate appearance, language, and behavior in a school setting, which will strengthen students’ self-image and promote confidence to learn.
7. Report incidents of discrimination and harassment that are witnessed or otherwise brought to the counselor’s attention to the building administrator and/or Dignity Act Coordinator in a timely manner.
Other Staff
All Staff Members are expected to:
1. Promote safe, orderly and stimulating school environment, support active teaching and learning.
2. Maintain confidentiality about all personal information and educational records concerning students and their families.
3. Demonstrate dependability, integrity, and other standards of ethical conduct.
4. Follow the chain of command for various administrative procedures.
5. Know and comply with all school policies and rules.
6. Be fair, firm and consistent in enforcing school rules in classrooms, hallways, restrooms, school buses, on the school campus and at all school-sponsored activities.
7. Maintain and encourage a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender/gender identity, or sex, with an understanding of appropriate appearance, language, and behavior in a school setting, which will strengthen students’ self-image and promote confidence to learn.
8. Report incidents of discrimination and harassment that are witnessed or otherwise brought to the counselor’s attention to the building administrator and/or Dignity Act Coordinator in a timely manner.
Principals/Administrators
Principals and Administrators are expected to:
1. Promote a safe, orderly, respectful 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 grievances.
3. Evaluate on a regular basis all instructional programs.
4. Support the development of and participation in appropriate extra-curricular activities.
5. Be responsible for enforcing the Code of Conduct in ensuring that all cases are resolved promptly and fairly.
6. Maintain and encourage a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender/gender identity, or sex, with an understanding of appropriate appearance, language, and behavior in a school setting, which will strengthen students’ self-image and promote confidence to learn.
7. Follow up on any incidents of discrimination and harassment that are witnessed or otherwise brought to the Principal’s attention in a timely manner in collaboration with the Dignity Act Coordinator.
Superintendent
The Superintendent is expected to:
1. Promote a safe, orderly, respectful and stimulating school environment, free from intimidation, discrimination and harassment, 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 School Board of educational trends related to student discipline.
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 and fairly.
Board of Education
The Board of Education is expected to:
1. Collaborate with student, teacher, administrator and parent/guardian organizations, school safety personnel and other school personnel to develop a Code of Conduct that clearly defines expectations for the conduct of students, District personnel and visitors on school property and at school functions.
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. Appoint a Dignity Act Coordinator in each school building. The Dignity Act Coordinator will be thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender/gender identity, and sex. The Dignity Act Coordinator will be accessible to students and other staff members for consultation and advice as needed on the Dignity Act.
Student Dress Code
All students are expected to give proper attention to personal cleanliness and appropriate dress. All school district personnel should exemplify and reinforce proper dress to help develop an understanding of appropriate attire. Students who violate the dress code shall be required to modify their appearance by covering or removing the Item and, if necessary or practical, replacing it with an acceptable Item. Any student who refuses to do so may be subject to disciplinary action in accordance with this Code.
A student’s dress and grooming shall:
1. Be safe, appropriate and not interfere with the classroom environment.
2. Include safe footwear at all times. Footwear that is a safety hazard will not be allowed. Footwear may be deemed inappropriate by the principal or his/her designee.
3. Not contain offensive or obscene symbols, signs, slogans, or words denigrating any person’s race, color, religion, ancestry, national origin, disability, gender, or sexual orientation; or any other illegal or violent activity.
4. Not promote or endorse alcohol, tobacco or illegal drugs.
5. Not promote or endorse violence or illegal activities.
6. Not include wearing of headwear of any type, except for religious or medical purposes or unless otherwise authorized. Headwear includes hats, and/or hoods- no hoods are to be worn throughout the school day and should be removed when requested to do so or consequences may be given as stated in this Code.
7. Not include pocket chains, heavy neck chains, body chains, spiked necklaces and bracelets.
8. Recognize that extremely, revealing or see-through garments are not appropriate. These include but are not limited to: muscle shirts, halter/tube tops, net tops, shirts that have spaghetti straps, plunging necklines, buttons unbuttoned to the point of immodesty, bare backed, midriff, or are strapless; shorts and skirts that are cut off or too short and swimwear of any kind unless worn during swimming programs. Generally speaking, Skirt/short length must be at least as long as the student’s fingertips when arms are placed at the side. Tank tops must be three-finger width at the shoulders and cannot be an undergarment.
9. Ensure that all clothing must fit appropriately (not too tight) and worn and fastened as designed. All clothing must be clean and not inappropriately torn. Shorts and pants must overlap undergarments, ensuring that all undergarments are covered completely by outerwear, even when bending over, stooping down or sitting. Any type of sleepwear is not acceptable.
10. Backpacks, Purses, Schoolbags, and any other device designed to carry books will be left in the students’ locker. These items may not be used for moving from class to class.
The dress code will be observed during school hours and at any school sponsored function.
Language
All students are entitled to receive a quality education, free from disrespectful language and behavior. Students are expected to use appropriate and respectful language while on school property, or attending school functions. Language or gestures must not be profane, obscene, offensive, or disrespectful in any way to others.
Prohibited Student Conduct
Code of Student Discipline
It is the belief of the Board of Education that the following is applicable with regard to discipline:
Discipline as it relates to the members of the school community is a code of behavior which governs the academic and social conduct of the individual.
The rules established under this Code shall be developed and enforced by the parent/guardian, the community and the schools. The guidelines should promote an atmosphere and a degree of order conducive to learning. They should lead, ultimately, to the development of a behavior which is self-directed responsible and purposeful, and shows respect for one’s self for other members of the community, and for property.
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:
1. Engage in conduct that is disorderly.
2. Engage in conduct that is insubordinate.
3. Engage in conduct that is disruptive.
4. Engage in conduct that is violent.
5. Engage in any conduct that endangers the safety, morals, health or welfare of others.
6. Engage in misconduct while on a school bus.
7. Engage in any form of academic misconduct (plagiarism, cheating, altering records, accessing other users email accounts or network storage accounts and/or attempting to read, delete, copy, modify, and interfere with the transferring and receiving of electronic communications, violation of the District Acceptable Use Policy for technology, or assisting another student in any of the above actions).
It should be understood that the infractions listed below for infractions are not all inclusive nor are they listed in order. Each infraction must be judged on its own merits and dealt with accordingly.
1. Guns and Other Weapons - no student shall bring, display what appears to be a weapon, or threaten to use a firearm or a dangerous instrument on any portion of the premises of a school owned or controlled by this school district. Depictions of violent scenes that threaten or intimidate others are prohibited. A firearm is defined, consistent with 921 of Title 18 of the United States Code, as any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action or an explosive; the frame or receiver of such weapon; any firearm muffler or silencer; or any destructive device. A dangerous instrument includes, but is not limited to, any knife, billy, blackjack, bludgeon, chuka stick, metal knuckles, sand club slingshot, or “Kung Fu Star“. In accordance with the Gun-Free Schools act of 1994 and school policy, any student who, after a hearing held pursuant to Education Law 3214, is found guilty of bringing a firearm or other dangerous instrument onto the premises of any school owned or controlled by this school district will be subject to a penalty of at least a one year suspension from school.
2. Fighting - verbal/physical abuse of others in school, on school property, or at school sponsored events.
3. Drugs/Alcohol/Tobacco - Possessing, consuming, selling, attempting to sell, distributing or exchanging alcoholic beverages, electronic cigarettes, electronic cigarette/vaping paraphernalia, e-juice, electronic cigarette pods/cases, chewing or smokeless tobacco, tobacco, tobacco products or illegal and/ or controlled substances, counterfeit and designer drugs, or paraphernalia for use of such drugs or being under the influence of any such substances on school property or at a school function. “Illegal substances” include, but are not limited to, inhalants, marijuana, synthetic cannabinoids, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, drug paraphernalia and any substances commonly referred to as “designer drugs.” This also includes inappropriately using, sharing, selling, attempting to sell, distributing or exchanging prescription and over-the-counter drugs, and possessing, consuming, selling, attempting to sell, distributing, or exchanging “look-alike drugs”; or, possessing or consuming (without authorization), selling, attempting to sell, distributing or exchanging other substances such as dietary supplements, weight loss pills, etc.
Use of over-the-counter medications (e.g. aspirin) are prohibited except as authorized by the school nurse. Refer to Board Policies on Alcohol and Drugs and Administering Medications. This also includes the possession/use/selling and or distribution of any type of synthetic drugs.
Cheektowaga-Sloan Union Free School District School Related Activity Drug/Alcohol Policy
Participation in any school related activity in the Cheektowaga-Sloan UFSD is considered a privilege. All students are held to a high standard of behavior that demonstrates respect for their school and community. The use of drugs and alcohol are detrimental to the objectives of any school related activity. The following procedures will be strictly enforced by the school district. Parent/guardians are advised to read the policy carefully as all students will sign and be held accountable to these terms.
1) The use, sharing, selling, buying or possession of tobacco products, alcohol, inhalants, other drugs or controlled substances, electronic cigarettes/vaping devices or drug/vaping paraphernalia by students is prohibited at all times. This policy does not prohibit the lawful and appropriate use of over-the- counter medications or those prescribed for the student for a medically necessary purpose.
2) Any violation of the preceding paragraph that occurs at school or during any school related activity, or any violation that occurs outside of school that is observed by a school official (including faculty, staff, coaches, and administrators), law enforcement official, or creditable witness will result in suspension from all school related activities. Any alleged violation will result in an immediate referral to the Review Team.
3) The Review Team will consist of any or all of the following members, as determined by the Superintendent: the Superintendent or his or her designee; the School Principal; the activity advisor or coach; and any other person providing information related to the incident. The Review Team will review the case and determine whether a violation has occurred.
4) Notification/Informal Hearing/Appeal Process: If the Review Team has made a preliminary decision that there was a violation, the School Principal will, as soon as possible, verbally notify the student of his or her violation of the Drug/Alcohol Policy. School related activities include, but are not limited to: clubs, field trips, assemblies, prom, graduation, dances, pep rallies, sports contests, practices, use of weight room, concerts, drama productions, and class office. This Policy covers all school related activities regardless of whether they occur during or outside of school “classroom” hours.
A written notice must be delivered to the parent/guardian(s)’ last known address by personal delivery, express mail delivery, or some other means that is reasonably calculated to permit receipt of the notice within 24 hours of the decision to propose suspension. Where possible, notice should also be provided by telephone if the school has been provided with a telephone number for the purpose of contacting the parent/guardian(s). Notice to one parent/guardian whom the School Principal reasonably believes to have or share legal custody of the student will be sufficient for all purposes set forth in this policy.
The imposed written notice will provide a description of the violation for which suspension is proposed and inform the parent/guardian(s) of the right to request an informal conference with the Review Team. At the informal conference, the parent/guardian(s) may ask questions of complaining witnesses under such procedures as will be established by the Review Team so as to promote fairness to all interested parties.
The suspension from school related activities will begin immediately upon the decision of the Review Team. Parents have 3 business days from the date of notification to request an informal conference with the Review Team.
5) Scope and Duration of Suspensions: If the Review Team finds the student in violation, the student will not be permitted to participate in any school related activities for one year from the date of the violation or suspended indefinitely, depending on the nature of the offense. For first and second offenses, the Review Team can offer, with support of the student support staff, the option to participate in a treatment and/or counseling program reduce the length of the suspension.
· First offense - suspension from all school related activities for 30 calendar days from date of violation.
· Second offense - suspension from all school related activities for 60 calendar days from date of violation.
However, the Review Team may decline to reduce a student’s one year suspension unless any and all criminal or other legal charges against the student related to the violation have been resolved without conviction or other adverse disposition against the student.
Violations and/or suspensions imposed upon a student while he or she is in middle school will not necessarily prohibit the student from participating in school related activities in high school. For example, the Review Team may, at its discretion, impose a 30-day suspension in response to a student’s first offense as a high school student even though the student had a prior offense while he or she was in middle school.
6) If applicable, the Review Team will make recommendations to the parent/guardian(s) and student as to what needs to be done to enable the student to meet the conditions necessary for the student to be allowed to participate in school related activities following the suspension. Finding a treatment program that satisfies the Review Team is the responsibility of the student and his or her parent/guardian(s). Treatment programs will not be pursued or funded by the school district.
7) A student may try out for a sport or extracurricular activity while suspended, but may not participate in practices, games, or other aspects of the extracurricular activity/sport until the suspension ends.
8) Anytime there is a suspicion of drug or alcohol use or possession by a student at any school sponsored activity or function, the police may be called and permitted to assist in the evaluation of the charges against the student.
9) Students are encouraged to seek assistance from their school if they believe they have a drug or alcohol problem. Students who self-report prior to committing a violation of this policy will generally not be subject to the suspensions set forth above. Instead, the Review Team may be called on to evaluate the student’s situation and recommend treatment and/or counseling as a condition of the student’s right to participate in school related activities.
4. Vulgarity - swearing/foul/abusive language or gestures directed at others.
5. Vandalism - destruction/defacing of other’s property
6. Textbooks, Library Materials and School Property - it is the student’s responsibility to account for all text books, workbooks, student identification cards, and all other school property issued for coursework by teachers. Students must understand that all school property made available for their use must be returned in good condition.
Fines: Lost or damaged textbooks or library materials will be paid for by the student. Report cards will not be issued until all such obligations have been met.
7. Illegal Absences
a) Truancy - absence from school and/or class with neither the parent/ guardian’s knowledge or consent.
b) Unlawful Absence - student is absent with the knowledge and consent stated or implied of his/her parent/guardians for other than legal reasons. Such excuses as the following come under this heading: visiting, away, vacation, shopping, needed at home, caring for baby, work, and overslept.
c) Tardiness - arriving late for school/class.
d) Cutting Class - absence from class which is not authorized by the teacher of the class in question.
8. Inappropriate Dress - See Student Dress Code.
9. Insubordination - failure to comply with the reasonable request of an administrator, a teacher or staff member.
10. Bus Misconduct - any behavior which threatens the safe operation of the bus and the safety of its passengers.
11. Cafeteria Misconduct - any behavior which threatens the safe and orderly operation of the cafeteria (running, misuse of food, excessively loud talking, etc.).
12. Electronic Communication Devices - Students are not permitted to use any form of information technology, including their own personal electronic devices, to intimidate, harass or threaten others. This type of harassment is generally referred to as Cyberbullying. If a student violates this prohibition, then he/she is subject to discipline under this provision and/or any other provision in the District Code of Conduct that may be applicable to the circumstances involved.
Misusing computer/electronic communications devices is also prohibited, including any unauthorized or inappropriate use of computers, software, or Internet/intranet account; accessing inappropriate websites; evading the District’s content filter; using an outside wireless network; or any other violation of the District Acceptable Use Policy.
Grades K-8:
Electronic communication devices shall not be utilized by, or be in the possessions of students, whether in the school building, or on the school grounds while participating in a school related activity, or away from the school grounds while participating in a school related activity, unless expressly approved by the building principal upon written request by the student’s parent/ guardian or legal guardian. This policy does not apply to the use of electronic devices and equipment such as computers and telephones which are supplied by the district or pay telephones.
Any student who possesses and/or uses an electronic communication device during official school hours will be subject to disciplinary action and the electronic communications device will be confiscated. Cell phones that can record and/or transmit images are strictly prohibited due to possible violations of student and staff privacy. Confiscated electronic communication devices will only be returned to parent/guardian.
Grades 9-12:
Except as described below, students at JFK High School only are permitted to possess and use cell phones during the school day. Cell phones are to be used for instructional purposes only. Instructional purposes include, but are not limited to, approved classroom activities, research, college admissions activities, career development, communication with experts, homework and other activities as deemed appropriate by staff. During all classes, cell phone and personal electronic devices may only be used under the express direction of the classroom teachers. Teachers may opt to have a “no phone zone” or allow students to use their devices for instructional purposes as defined by the teacher. Teachers may ask students to store cell phones in a particular place in the classroom and students must adhere to this request or they will be subject to discipline as defined in the Code.
Students are permitted to use their cell phones for non-instructional uses during free periods and in common areas of the school building such as hallways, cafeteria, study halls, buses and student lounges. Non-instructional use includes texting, calling and otherwise communicating with others. Other non-instructional uses may include such things as Internet searches, reading, listening to music, and watching videos. This use during non-instructional time must be conducted in a safe and unobtrusive manner including, if watching movies or listening to music, earbuds or headphones must be worn. There is no public music/audio playing allowed. Also, devices must be on silent mode to avoid disrupting others.
The use of earbuds or headphones may be used for non-instructional time ONLY, unless otherwise specified by the teacher. Students need to have either only one earbud in or have the volume at a level where teacher instructions and safety announcements can still be heard. Respectful earbud and headphone use is defined as: earbuds/headphones should not be in/on students’ ears when permission for use was not granted by the teacher; earbuds should not be hanging on the ears or in the ears when not in use; if a faculty or staff member is speaking to a student who has earbuds/headphones in/on, the student is expected to remove the earbuds/headphones during the conversation. Violation of proper earbud/headphone use will result in consequences as defined in the Code.
Students are prohibited from using cell phones in any manner which invades a person’s privacy (e.g., all electronic devices and cell phones are strictly prohibited in locker rooms and bathrooms at any time), disrupts the educational environment, or endangers the safety of other students, employees, volunteers or visitors. If a student violates this provision, then he/she is subject to discipline under this and/or any other section of this Code of Conduct that may be applicable to the circumstances involved. Other Devices: Between 7:34 am and 2:15 pm, students should not bring electronic devices to school that are not specifically intended for instructional purposes. This includes, but is not limited to laptops, cameras, MP3 players, laser pointers, or any recording equipment. Use of these devices must be approved by appropriate school personnel.
The following procedures will be followed if a staff member observes a student using a cell phone or other electronic devices during the school day inappropriately or without permission:
1) The teacher may provide a warning and remind students of proper cell phone use.
2) If the student does not comply or continues to violate the established cell phone expectations, the phone will be confiscated by the staff member and returned to the student at the end of class.
3) At any point, if the misuse continues, the teacher will confiscate the cell phone and submit it to the office. It will be returned to a parent/guardian. The confiscated cell phone will be placed in an envelope by the teacher and he/she will write the student’s name (first and last) on it. This envelope is given to the office staff who will put the date and time the cell phone was received on the envelope. The phone will be put in the office safe.
4) The principal or his/her designee will contact home with the details regarding the surrender of the student’s cell phone.
5) A parent or legal guardian of the student must come to school and provide appropriate identification to retrieve the cell phone.
6) Additional consequences may be applied for repeated offenses or situations in which a student is insubordinate to any faculty/staff member.
7) If a student continues to disregard cell phone expectations, the student’s privilege to carry a cell phone or electronic device will be suspended for a period of time to be determined by the principal.
13. Theft - taking the property of others without permission.
14. Physical Abuse of a Teacher/Administrator - bodily assault directed toward a teacher or administrator.
15. Harassment - Includes:
a. 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. This can include posting or publishing video, audio recordings or pictures (written material, cell phones, Internet, YouTube, etc.).
b. Discrimination, based on a person’s actual or perceived race, age, sexual orientation, use of a recognized guide dog, hearing dog or service dog, color, creed, national origin, ethnic group, religion, religious practice, sex, sexual orientation, gender or gender identity, marital or veteran status, use of a recognized guide dog, hearing dog or service dog, or disability as a basis for treating another in a negative manner on school property or at a school function.
c. Harassment, the creation of a hostile environment by conduct or by verbal threats, intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical wellbeing based on a person’s actual or perceived race, color, weight, national origin, political affiliation, ethnic group, religion, religious practice, marital or veteran status, use of a recognized guide dog, hearing dog or service dog, disability, sexual orientation, gender or sex.
d. Bullying and intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm and/or emotional discomfort; for example, “play” fighting, extortion of money, overt teasing, etc.
e. “Internet bullying” (also referred to as “cyberbullying”) including the use of instant messaging, email, websites, chat rooms, text messaging, or by any other electronic means, when such use interferes with the operation of the school; or infringes upon the general health, safety and welfare of students or employees.
f. Sexual harassment, which includes unwelcome sexual advances, requests for sexual favors, taking, sending or receiving sexually explicit videos, pictures or auditory recordings and other verbal or physical conduct or communication of a sexual nature.
16. Extortion - physical/verbal intimidation of others to gain favors and/or material goods.
17. Fraud - falsifying signatures or verbal information.
18. Unprepared for Class/School - homework not completed, classroom assignments incomplete, lack of working materials/proper clothing, or any behavior within the control of the student which impedes participation.
19. Public Display of Affection - intimate or suggestive behavior which interferes with the educational environment.
20. False Emergencies - emergencies that disrupt the educational process such as bomb threats, fire alarms, smoke bombs, or anything causing student disruption.
21. Lockers - lockers are provided by the District for student use, however, the lockers remain the property of the school district. Therefore students and parent/ guardians must understand that lockers may be inspected at any time without prior notice. Students will be responsible for reimbursement if found defacing lockers.
22. Locks - locks are property of the District and will be distributed to students. Therefore, students will be responsible for paying for lost or damaged locks. Any lock not returned or paid for will result in report cards not being issued.
Reporting Violations
All students are expected to promptly report violations of the Code of Conduct to a teacher, school counselor, other District staff members, the building principal or his or her designee. Other means of communicating concerns, including the District “Tip Hotline”, will be encouraged. Any student observing a student possessing a weapon, alcohol or illegal 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 that is authorized to impose disciplinary sanctions is 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 of Conduct 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, followed by notification to the parent/guardian of the student involved and the 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 same day as the telephone call is made. The notification must identify the student and explain the conduct that violated the Code of Conduct and constituted a crime.
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:
1. The student’s age.
2. The nature of the offense and the circumstances which led to the offense.
3. The student’s prior disciplinary record.
4. The effectiveness of other forms of discipline.
5. Information from parent/guardians, 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 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, if warranted, shall be administered consistent with the separate requirements of this Code of Conduct 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.
Penalties
Students who are found to have violated the District’s Code of Conduct 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.
1. Verbal reprimand - any member of the District staff or other authorized supervisory personnel
2. Confiscation - any member of the District staff or other authorized supervisory personnel
3. Written referral - bus drivers, hall and lunch monitors, coaches, school counselors, teachers, teacher assistants, teacher aides, administrators, therapists
4. Written notification to parent/guardian - coaches, school counselors, teachers, administrator, teacher assistants, therapists
5. Detention - teachers, teacher assistants, administrators, therapists
6. Suspension from transportation – administrators
7. Suspension from athletic participation - coaches, athletic director, administrator
8. Suspension from social or extracurricular activities - club advisor, academic eligibility committee, coach, administrator
9. Suspension of other privileges - teachers, teacher assistant, administrator
10. In-school suspension - teacher, administrator
11. Removal from classroom by teacher - teachers, principal/designee, teacher assistant
12. Short-term (five days or less) suspension from school - administrator, Board of Education
13. Long-term (more than five days) suspension from school - Superintendent, Board of Education
14. Restitution – administrator
15. Legal Action – administrator
16. Permanent suspension from school - Superintendent, Board of Education
17. Saturday detention program - teachers, administrators
Procedures
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.
Students who are to be given penalties other than an oral warning, written warning or written notification to their parent/guardians are entitled to additional rights before the penalty is imposed. These additional rights are explained below.
1. Detention
Teachers and administrators may use after school detention as a penalty for student misconduct in situations where removal from the classroom or suspension would be inappropriate.
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 building principal’s attention.
Students who become a serious disciplinary problem may have their riding privileges suspended by the building principal or the Superintendent or their designees. In such cases, the student’s parent/guardian will become responsible for seeing that his or her child gets to and from school safely.
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/guardian will be provided with a reasonable opportunity for an informal conference with the building principal or the principal’s designee to discuss the conduct and the penalty involved.
3. Suspension from athletic participation, extra-curricular activities and other privileges
A student subjected to a suspension from athletic participation, extra-curricular activities or other privileges based on the academic eligibility policy or other behaviors is not entitled to a full hearing pursuant to Education Law §3214.
However, the student and the student’s parent/guardian will be provided with a reasonable opportunity for an informal conference with the District official imposing the suspension to discuss the conduct and the penalty involved.
4. In-school suspension
The Board recognizes the school 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 principals/ designee and the Superintendent to place students who would otherwise be suspended from school as the result of a Code of Conduct violation in “in- school suspension.”
A student subjected to an in-school suspension is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent/guardian will be provided with a reasonable opportunity for an informal conference with the District official imposing the in-school suspension to discuss the conduct and the penalty involved.
5. Teacher disciplinary removal of disruptive students
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 best-practice classroom management techniques. Best-practice classroom management techniques 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 substantially interferes with the educational process or substantially interferes with the teacher’s authority over the classroom. A substantial disruption of the educational process or substantial interference with a teacher’s authority occurs when a student demonstrates a persistent unwillingness to comply with the teacher’s instructions or repeatedly violates the teacher’s classroom behavior rules.
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.
The Procedural Requirements for a Formal Removal by a Teacher of a Student are:
1. If the disruptive student does not pose a danger or on-going threat of disruption to the academic process, the teacher must provide the student with an explanation for why he or she is being formally removed and an opportunity to explain his or her version of the relevant events before the student is removed. Only after the informal discussion may a teacher formally remove a student from class.
2. If the student poses a danger or ongoing threat of disruption, the teacher may order the student to be formally removed immediately. The teacher must, however, explain to the student why he or she was removed from the classroom and give the student a chance to present his or her version of the relevant events within 24-hours.
3. The teacher must complete a District form for a formal removal by a teacher and meet with the principal or his or her designee as soon as possible, but no later than the end of the school day, to explain the circumstances of the formal removal and to present the form for a formal removal by a teacher. If the principal or designee is not available by the end of the same day, the teacher must leave the form with the secretary and meet with the principal or designee prior to the beginning of classes on the next school day.
4. Within 24-hours after the student’s formal removal by a teacher, the principal or another District administrator designated by the principal must notify the student’s parent/guardians, in writing, that the student has been formally removed from the class and why. The notice must also inform the parent/guardian that he or she has the right, upon request, to meet informally with the principal or the principal’s designee to discuss the reasons for the formal removal.
5. The written notice must be delivered to the last known address of the parent/guardians through one or more of the following means: personal delivery or delivery by some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the student’s formal removal by a teacher. 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 parent/guardians.
6. The principal may require the teacher who ordered the formal removal to attend the informal conference.
7. If at the informal meeting the student denies the charges, the principal or the principal’s designee must explain why the student was formally removed and give the students and the student’s parent/guardians a chance to present the student’s version of the relevant events. The informal meeting must be held within 48 hours of the student’s formal removal by a teacher. The timing of the informal meeting may be extended by mutual agreement of the parent/guardian and principal.
8. The principal or the principal’s designee may overturn the formal removal of the student from class if any one of the following are found:
a. The charges against the student are not supported by substantial evidence.
b. The student’s formal removal is otherwise in violation of law, including the District’s Code of Conduct and/or federal or state laws regarding the education of students with disabilities.
c. The conduct warrants suspension from school pursuant to Education Law Section 3214 and a suspension will be imposed.
9. The principal or his or her designee may overturn a formal removal by a teacher 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 principal makes a final determination, or the period of the formal removal expires, whichever is less.
10. Any disruptive student who is formally removed from the classroom by the class room teacher shall be offered continued educational programming and activities by a certified teacher in an alternate setting until the student is permitted to return to the classroom.
11. Each teacher must keep a complete log (on District form) for all cases of formal removal of students from his or her class. The principal must keep a building log of all formal removals by teachers of students from class.
12. Removal of a student with a disability, under certain circumstances, may constitute a change in the student’s placement. Accordingly, no teacher may remove a student with a disability from his or her class until he or she has verified with the principal or the chairperson of the Committee on Special Education that the removal will not violate the student’s under state or federal law or regulation.
6. Suspension from school
Suspension from school is a severe consequence, which 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 Superintendent and the building principals.
Any staff member may recommend to the Superintendent or the principal that a student be suspended. All staff members must immediately report and refer a violent student to the principal or the 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 Superintendent or principal, 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.
a. Short-term (5 days or less) suspension from school
When the Superintendent or principal (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 parent/guardians in writing that the student may be suspended from school. The written notice must be provided by personal 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 parent/guardians. 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 parent/guardians. The notice shall provide a description of the charges against the student and the incident for which suspension is proposed and shall inform the parent/ guardians of the right to request an immediate informal conference with the principal. Both the notice and informal conference shall be in the dominant language or mode of communication used by the parent/guardians. At the conference, the parent/guardians shall be permitted to ask questions of complaining witnesses under such procedures as the principal may 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 conference, the principal shall promptly advise the parent/ guardians in writing of his or her decision. The principal shall advise the parent/guardians that if they are not satisfied with the decision and wish to pursue the matter, they must file a written appeal to the Superintendent within five business days, unless they can show extraordinary circumstances precluding them from doing so. The Superintendent shall issue a written decision regarding the appeal within 10 business days of receiving the appeal. If the parent/guardians are not satisfied with the 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 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.
b. Long-term (more than 5 days) suspension from school
When the Superintendent determines that a suspension for more than five days may be warranted, he or she shall give reasonable notice to the student and the student’s parent/guardians 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 or her and the right to present witnesses and other evidence on his or her behalf.
The Superintendent shall personally hear and determine the proceeding or may, in his or her discretion, designate a hearing officer to conduct the hearing. The hearing officer shall be authorized to administer oaths and to issue subpoenas in conjunction with the proceeding before him or her. A record of the hearing shall be maintained, but no stenographic 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 Superintendent. The report of the hearing officer shall be advisory only, and the Superintendent may accept all or any part thereof.
An appeal of the decision of the Superintendent may be made to the Board that 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 Superintendent’s decision, unless the parent/guardians can show that extraordinary circumstances precluded them from doing so. The Board may adopt in whole or in part the decision of the Superintendent. Final decisions of the Board may be appealed to the Commissioner within 30 days of the decision.
c. 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.
Minimum Periods of Suspension
Students who bring a firearm to school as defined by the Gun Free Schools Act [18 USC Section 921]
Any student found guilty of bringing a firearm onto school property will be subject to suspension from school for at least one calendar year. Before being suspended, the student will have an opportunity for a hearing pursuant to Education Law Section 3214. The Superintendent has the authority to modify the one-year suspension on a case-by-case basis. In deciding whether to modify the penalty, the 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 Superintendent’s belief that other forms of discipline are more effective.
5. Input from parent/guardians, 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.
Students who commit violent acts including bringing a weapon to school.
Any student, who is found to have committed a violent act, shall be subject to suspension from school for at least five days. If the proposed penalty is the minimum five-day suspension, the student and the student’s parent/guardians will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. Suppose the proposed penalty exceeds the minimum five-day suspension. In that case, the student and the student’s parent/guardians will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The 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 Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a firearm. A student with a disability may be suspended only in accordance with the requirements of state and federal law.
A student with a disability may be suspended only in accordance with the requirements of state and federal law.
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 one day. For purposes of this Code of Conduct, “repeatedly substantially disruptive” means engaging in conduct that results in the student being removed from the classroom by teacher(s) pursuant to Education Law Section 3214(3-a) and this Code on four or more occasions during a semester, or three or more occasions during a trimester. If the proposed penalty is the minimum one-day suspension, the student and the student’s parent/guardian 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 one-day suspension, the student and the student’s parent/guardian will be given the same notice and opportunity for a hearing given to all students subject to a long- term suspension. The Superintendent has the authority to modify the minimum one-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon. A student with a disability may be suspended only in accordance with the requirements of state and federal law.
A student with a disability may be suspended only in accordance with the requirements of state and federal law.
Referrals
When a student has been referred for counseling services it will be determined by the Student Support Staff (Social Worker, guidance counselor, school psychologist) as to the most appropriate course of service to follow.
This may include in-house counseling or referrals to outside agencies for further services. Core Team meeting will be conducted as deemed necessary based on Board Policy. Referrals to the Family Support Network will be coordinated by the School Social Workers. Child Study Team is available to all staff and parent/guardians with concerns regarding behavior/academic performance etc. of students.
1. PINS Petitions
The District may file a PINS (person in need of supervision) petition in Family Court on any student under the age of 18 who demonstrates that he or she requires supervision and treatment by:
a) Being a habitually truant and not attending school as required by part one of Article 65 of the Education Law.
b) Engaging in an ongoing or continual course of conduct which makes the student ungovernable or habitually disobedient and beyond the lawful control of the school.
2. Juvenile Delinquents and Juvenile Offenders
The Superintendent is required to refer the following students to the County Attorney for a juvenile delinquency proceeding before the Family Court:
a) Any student under the age of 16 who is found to have brought a weapon to school, or
b) Any student 14 or 15 years old who qualifies for juvenile offender status under the Criminal Procedure Law Section 1.20(42).
The 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.
Alternative Instruction
When a student of compulsory attendance age is suspended from school pursuant to Education Law Section 3214, the District will take immediate steps to provide alternative means of instruction for the student. If the student is not from this District, the home school of the student will be notified immediately.
Discipline Of Students With Disabilities
The Board recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities to address disruptive or problem behavior. The Board also recognizes that students with disabilities enjoy certain procedural protections whenever school authorities intend to impose discipline upon them.
The Board is committed to ensuring that the procedures followed for suspending, removing or otherwise disciplining students with disabilities are consistent with the procedural safeguards required by applicable laws and regulations.
This Code of Conduct affords students with disabilities subject to disciplinary action no greater or lesser rights than those expressly afforded by applicable federal and state law and regulations.
Authorized Suspensions or Removals of Students with Disabilities
1. For purposes of this section of the Code of Conduct, the following definitions apply.
A “suspension” means a suspension pursuant to Education Law Section 3214.
A “removal” means a removal for disciplinary reasons from the student’s current educational placement other than a suspension and change in placement to an interim alternative educational setting (IAES) ordered by an impartial hearing officer because the student poses a risk of harm to himself or herself or others.
An “IAES” means a temporary educational placement for a period of up to 45 days, other than the student’s current placement at the time the behavior precipitating the IAES placement occurred, that enables the student to continue to progress in the general curriculum, although in another setting, to continue
to receive those services and modifications, including those described on the student’s current individualized education program (IEP),that will enable the student to meet the goals set out in such IEP, and include services and modifications to address the behavior which precipitated the IAES placement that are designed to prevent the behavior from recurring.
2. School personnel may order the suspension or removal of a student with a disability from his or her current educational placement as follows:
a) The Board, the District (BOCES) Superintendent of schools or a building principal may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed five consecutive school days and not to exceed the amount of time a nondisabled student would be subject to suspension for the same behavior.
b) The Superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for up to 10 consecutive school days, inclusive of any period in which the student has been suspended or removed under subparagraph (a) above for the same behavior, if the Superintendent determines that the student has engaged in behavior that warrants a suspension and the suspension or removal does not exceed the amount of time non-disabled students would be subject to suspension for the same behavior.
c) The Superintendent may order additional suspensions of not more than 10 consecutive school days in the same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.
d) The Superintendent may order the placement of a student with a disability in an IAES to be determined by the committee on special education (CSE), for the same amount of time that a student without a disability would be subject to discipline, but not more than 45 days, if the student carries or possesses a weapon to school or to a school function, or the student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function.
(1) Weapon means the same as “dangerous weapon” under 18 U.S.C. Section 930(g)(w) which includes “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... [for] a pocket knife with a blade of less than 2 1/2 inches in length.
(2) Controlled substance means a drug or other substance identified in certain provisions of the federal Controlled Substances Act specified in both federal and state law and regulations applicable to this policy.
(3) Illegal drugs means a controlled substance except for those legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or any other federal law.
3. Subject to specified conditions required by both federal and state law and regulations, an impartial hearing officer may order the placement of a student with a disability in an IAES setting for up to 45 days at a time, if maintaining the student in his or her current educational placement poses a risk of harm to the student or others.
Change Of Placement Rule
1. A disciplinary change in placement means a suspension or removal from a student’s current educational placement that is either:
a) for more than 10 consecutive school days; or
b) for more than 10 consecutive school days or less if the student is subjected to a series of suspensions or removals that constitute a pattern because they cumulate to more than 10 school days in a school year and because of such factors as the length of each suspension or removal the total amount of time the student is removed and the proximity of the suspensions or removals to one another.
2. School personnel may not suspend or remove a student with disabilities if imposition of the suspension or removal would result in a disciplinary change in placement based on a pattern of suspension or removal.
However, the District may impose a suspension or removal, which would otherwise result in a disciplinary change in placement, based on a pattern of suspensions or removals if the CSE has determined that the behavior was not a manifestation of the student’s disability, or the student is placed in an IAES for behavior involving weapons, illegal drugs or controlled substances.
Special Rules Regarding The Suspension Or Removal Of Students With Disabilities
1. The District’s Committee on Special Education shall:
a) Conduct functional behavioral assessments to determine why a student engages in a particular behavior, and develop or review behavioral intervention plans whenever the District is first suspending or removing a student with a disability for more than 10 school days in a school year or imposing a suspension or removal that constitutes a disciplinary change in placement, including a change in placement to an IAES for misconduct involving weapons, illegal drugs or controlled substances.
b) If subsequently, a student with a disability who has a behavioral intervention plan and who has been suspended or removed from his or her current educational placement for more than 10 school days in a school year is subjected to a suspension or removal that does not constitute a disciplinary change in placement, the members of the CSE shall review the behavioral intervention plan and its implementation to determine if modifications are necessary.
c) If one or more members of the CSE believe that modifications are needed, the School District shall convene a meeting of the CSE to modify such plan and its implementation, to the extent the committee determines necessary.
d) Conduct a manifestation determination review of the relationship between the student’s disability and the behavior subject to disciplinary action whenever a decision is made to place a student in an IAES either for misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension that constitutes a disciplinary change in placement.
2. The parent/guardians of a student who is facing disciplinary action, but who has not been determined to be eligible for services under IDEA and Article 89 at the time of misconduct, shall have the right to invoke applicable procedural safeguards set forth in federal and state law and regulations if, in accordance with federal and state statutory and regulatory criteria, the School District is deemed to have had knowledge that their child was a student with a disability before the behavior precipitating disciplinary action occurred. If the District is deemed to have had such knowledge, the student will be considered a student presumed to have a disability for discipline purposes.
a) The Superintendent, building principal or other school official imposing a suspension or removal shall be responsible for determining whether the student is a student presumed to have a disability.
b) A student will not be considered a student presumed to have a disability for discipline purposes if, upon receipt of information supporting a claim that the District had knowledge the student was a student with a disability, the District either.
(1) conducted an individual evaluation and determined that the student is not a student with a disability, or
(2) determined that an evaluation was not necessary and provided notice to the parent/guardians of such determination, in the manner required by applicable law and regulations. If there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other non-disabled student who engaged in comparable behaviors. However, if a request for an individual evaluation is made while such non-disabled student is subjected to a disciplinary removal, an expedited evaluation shall be conducted and completed in the manner prescribed by applicable federal and state law and regulations. Until the expedited evaluation is completed, the non-disabled student who is not a student presumed to have a disability for discipline purposes shall remain in the educational placement determined by the District, which can include suspension.
3. The District shall provide parent/guardians with notice of disciplinary removal no later than the date on which a decision is made to change the placement of a student with a disability to an IAES for either misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his/her current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension or removal that constitutes a disciplinary change in placement. The procedural safeguards notice prescribed by the Commissioner shall accompany the notice of disciplinary removal.
4. The parent/guardians of a student with disabilities subject to a suspension of five consecutive school days or less shall be provided with the same opportunity for an informal conference available to parent/guardians of non-disabled students under the Education Law.
5. Superintendent hearings on disciplinary charges against students with disabilities subject to a suspension of more than five school days shall be bifurcated into a guilt phase and a penalty phase in accordance with the procedures set forth in the Commissioner’s regulations incorporated into this Code.
6. The removal of a student with disabilities other than a suspension or placement in an IAES shall be conducted in accordance with the due process procedures applicable to such removals of non-disabled students, except that school personnel may not impose such removal for more than 10 consecutive days or for a period that would result in a disciplinary change in placement, unless the CSE has determined that the behavior is not a manifestation of the student’s disability.
7. During any period of suspension or removal, including placement in an IAES, students with disabilities shall be provided services as required by the Commissioner’s regulations incorporated into this Code.
Expedited Due Process Hearings
1. An expedited due process hearing shall be conducted in the manner specified by the Commissioner’s regulations incorporated into this Code, if:
a) The District requests such a hearing to obtain an order of an impartial hearing officer placing a student with a disability in an IAES where school personnel maintain that it is dangerous for the student to be in his or her current educational placement, or during the pendency of due process hearings where school personnel maintain that it is dangerous for the student to be in his or her current educational placement during such proceedings.
b) The parent/guardian requests such a hearing from a determination that the student’s behavior was not a manifestation of the student’s disability, or relating to any decision regarding placement, including but not limited to any decision to place the student in an IAES.
(1) During the pendency of an expedited due process hearing or appeal regarding the placement of a student in an IAES for behavior involving weapons, illegal drugs or controlled substances, or on grounds of dangerousness, or regarding a determination that the behavior is not a manifestation of the student’s disability for a student who has been placed in an IAES, the student shall remain in the IAES pending the decision of the impartial hearing officer or until expiration of the IAES placement, whichever occurs first, unless the parent/guardians and the District agree otherwise.
(2) If school personnel propose to change the student’s placement after expiration of an IAES placement, during the pendency of any proceeding to challenge the proposed change in placement, the student shall remain in the placement prior to removal to the IAES, except where the student is again placed in an IAES.
2. An expedited due process hearing shall be completed within 15 business days of receipt of the request for a hearing. Although the impartial hearing officer may grant specific extensions of such time period, he or she must mail a written decision to the District and the parent/guardians within five business days after the last hearing date, and in no event later than 45 calendar days after receipt of the request for a hearing, without exceptions or extensions.
Referral To Law Enforcement And Judicial Authorities
In accordance with the provisions of IDEA and its implementing regulations:
1. The District may report a crime committed by a child with a disability to appropriate authorities, and such action will not constitute a change of the student’s placement.
2. The Superintendent shall ensure that copies of the special education and disciplinary records of a student with disabilities are transmitted for consideration to the appropriate authorities to whom a crime is reported.
Use Of Physical Force/Restraint
Corporal punishment is any act of physical force upon a student for the purpose of punishing that student. Corporal punishment of any student by any District employee is strictly forbidden.
However, in situations where alternative procedures and methods that do not involve the use of physical force cannot reasonably be used, reasonable physical force may be used to:
1. Protect oneself, another student, teacher or any person from physical injury.
2. Protect the property of the school or others.
3. Restrain or remove a student whose behavior interferes with the orderly exercise and performance of school District functions, powers and duties, if that student has refused to refrain from further disruptive acts.
The District will file all complaints about the use of corporal punishment with the Commissioner of Education in accordance with Commissioner’s Regulations.
Student Searches And Interrogations
The Board of Education is committed to ensuring an atmosphere on school property and at school functions that is safe and orderly. To achieve this kind of environment, any school official authorized to impose a disciplinary penalty on a student may question a student about an alleged violation of law or the District Code of Conduct. Students are not entitled to any sort of “Miranda”-type warning before being questioned by school officials, nor are school officials required to contact a student’s parent/guardian before questioning the student. However, school officials will tell all students why they are being questioned. In addition, the Board authorizes the superintendent, building principals and the school nurse to conduct searches of students and their belongings if the authorized school official has reasonable suspicion to believe that the search will result in evidence that the student violated the law or the District Code of Conduct.
An authorized school official may conduct a search of a student’s belongings that is minimally intrusive, such as touching the outside of a book bag, without reasonable suspicion, so long as the school official has a legitimate reason for the very limited search.
An authorized school official may search a student or the student’s belongings based upon information received from a reliable informant. Individuals, other than the District employees, will be considered reliable informants if they have previously supplied information that was accurate and verified, or they make an admission against their own interest, or they provide the same information that is received independently from other sources, or they appear to be credible and the information they are communicating relates to an immediate threat to safety. District employees will be considered reliable informants unless they are known to have previously supplied information that they knew was not accurate.
Before searching a student or the student’s belongings, the authorized school official should attempt to get the student to admit that he or she possesses physical evidence that they violated the law or the District Code, or get the student to voluntarily consent to the search. Searches will be limited to the extent necessary to locate the evidence sought.
Whenever practicable, searches will be conducted in the privacy of administrative offices and students will be present when their possessions are being searched.
Student Lockers, Desks And Other School Storage Places
The rules in this Code of Conduct regarding searches of students and their belongings do not apply to student lockers, desks and other school storage places. Students have no reasonable expectation of privacy with respect to these places and school officials retain complete control over them. This means that student lockers, desks and other school storage places may be subject to search at any time by school officials, without prior notice to students and without their consent.
Documentation Of Searches
The authorized school official conducting the search shall be responsible for promptly recording the following information about each search:
1. Name, age and grade of student searched.
2. Reasons for the search.
3. Name of any informant(s).
4. Purpose of search (that is, what item(s) were being sought).
5. Type and scope of search.
6. Persons conducting search and his or her title(s) and position(s).
7. Witnesses, if any, to the search.
8. Time and location of search.
9. Results of search (that is, what items(s) were found).
10. Disposition of items found.
11. Time, manner and results of parent/guardian notification.
The building principal or the principal’s designee shall be responsible for the custody, control and disposition of any illegal or dangerous item taken from a student. The principal or his or her designee shall clearly label each item taken from the student and retain control of the item(s), until the items is turned over to the police. The principal or his or her designee shall be responsible for personally delivering dangerous or illegal items to police authorities.
Police Involvement in Searches and Interrogations of Students
District officials are committed to cooperating with police officials and other law enforcement authorities to maintain a safe school environment. Police officials, however, have limited authority to interview or search students in schools or at school functions, or to use school facilities in connection with police work. Police officials may enter school property or a school function to question or search a student or to conduct a formal investigation involving students only if they have:
1. A search or an arrest warrant; or
2. Probable cause to believe a crime has been committed on school property or at a school function; or
3. Been invited by school officials.
Before police officials are permitted to question or search any student, the building principal or his or her designee shall first try to notify the student’s parent/guardian to give the parent/guardian the opportunity to be present during the police questioning or search. If the student’s parent/guardian cannot be contacted prior to the police questioning or search, the questioning or search shall not be conducted. The principal or designee will also be present during any police questioning or search of a student on school property or at a school function. Students who are questioned by police officials on school property or at a school function will be afforded the same rights they have outside the school. This means:
1. They must be informed of their legal rights.
2. They may remain silent if they so desire.
3. They may request the presence of an attorney
Child Protective Services Investigations
Consistent with the District’s commitment to keep students safe from harm, it is the obligation of school officials to report to child protective services when they have reasonable cause to suspect that a student has been abused or maltreated. The District will cooperate with local child protective services workers who wish to conduct interviews of students on school property relating to allegations of suspected child abuse, and/or neglect, or custody investigations.
All requests by child protective services to interview a student on school property shall be made directly to building principal or his or her designee. The principal or his or her designee shall set the time and place of the interview. The principal or designee shall decide if it is necessary and appropriate for a school official to be present during the interview, depending on the age of the student being interviewed and the nature of the allegations. If the nature of the allegations is such that it may be necessary for the student to remove any of his or her clothing in order for the child protective services worker to verify the allegations, the school nurse or other District medical personnel must be present during that portion of the interview. No student may be required to remove his or her clothing in front of a child protective services worker or school District official of the opposite sex.
A child protective services worker may not remove a student from school property without a court order, unless the worker reasonably believes that the student would be subject to danger of abuse if he or she were not removed from school before a court order can reasonably be obtained. If the worker believes the student would be subject to danger of abuse, the worker may remove the student without a court order and without the parent/guardian’s consent.
Visitors To The Schools
The Board encourages parent/guardians and other District citizens to visit the District’s schools and classrooms to observe the work of students, teachers and other staff. Since schools are a place of work and learning, however, certain limits must be set for such visits. The building principal or his or her designee is responsible for all persons in the building and on the grounds. For these reasons, the following rules apply to visitors to the schools:
1. Anyone who is not a regular staff member or student of the school will be considered a visitor.
2. All visitors to the school must report to the office of the principal upon arrival at the school. There they will be required to sign the visitor’s register and will be issued a visitor’s identification badge or card, which must be worn at all times while in the school or on school grounds. The visitor must return the identification badge or card to the principal’s office before leaving the building.
3. Individuals from any agencies meeting with a student at school, including but not limited to child protective services, counseling, BOCES services, nondistrict therapeutic agencies, shall report to the office of the principal and fill out a “Community Agency Visitor Form”. This form will be forwarded to the health office and placed in a confidential file.
4. Visitors attending school functions that are open to the public, such as parent/guardian-teacher organization meetings or public gatherings, are not required to register.
5. Parent/guardians or citizens who wish to observe a classroom while school is in session are required to arrange such visits in advance with the classroom teacher(s)/building principal and/or designee in accordance with building procedures, so that class disruption is kept to a minimum.
6. Teachers are expected not to take class time to discuss individual matters with visitors.
7. Any unauthorized person on school property will be reported to the principal or his or her designee. Unauthorized persons will be asked to leave. The police may be called if the situation warrants.
8. All visitors are expected to abide by the rules for public conduct on school property contained in this Code of Conduct.
Public Conduct On School Property
Cheektowaga-Sloan is committed to providing an orderly, respectful environment that is conducive to learning. To create and maintain this kind of an environment, it is necessary to regulate public conduct on school property and at school functions. For purposes of this section of the Code, “public” shall mean all persons when on school property or attending a school function including but not limited to students, teachers, and district personnel.
The restrictions on public conduct on school property and at school functions contained in this Code are not intended to limit freedom of speech or peaceful assembly. Cheektowaga-Sloan recognizes that free inquiry and free expression are indispensable to the objectives of the school district. The purpose of this is to maintain public order and prevent abuse of the rights of others.
All persons on school property or attending a school function shall conduct themselves in a respectful and orderly manner. In addition, all persons on school property or attending a school function are expected to be properly attired for the purpose for which they are on school property.
Prohibited Conduct
No person, either alone or with others, shall:
1. Intentionally injure any person or threaten to do so.
2. Intentionally damage or destroy School District property or the personal property of a teacher, administrator, other District employee or any person lawfully on school property, including graffiti or arson.
3. Disrupt the orderly conduct of classes, school programs or other school activities.
4. Distribute or wear materials on school grounds or at school functions that are obscene, advocate illegal action, appear libelous, obstruct the rights of others, or are disruptive to the school program.
5. Intimidate, harass or discriminate against any person on the basis of race, color, creed, national origin, religion, age, gender, or disability.
6. Enter any portion of the school premises without authorization or remain in any building or facility after it is normally closed.
7. Obstruct the free movement of any person in any place to which this Code applies.
8. Violate the traffic laws, parking regulations or other restrictions on vehicles;
9. Use tobacco products on school property or at any school function.
10. Possess, consume, sell, distribute or exchange alcoholic beverages, controlled substances, or be under the influence of either on school property or at a school function.
11. Possess or use weapons on school property or at a school function, except in the case of law enforcement officers.
12. Loiter on or about school property.
13. Gamble on school property or at school functions.
14. Refuse to comply with any reasonable order of any school officials performing their duties.
15. Willfully incite others to commit any of the acts prohibited by this Code.
16. Violate any federal or state statute, local ordinance or Board policy while on school property or while at a school function.
Penalties
Persons who violate this Code shall be subject to the following penalties:
1. Visitors. Their authorization, if any, to remain on school grounds or at the school function shall be withdrawn and they shall be directed to leave the premises. If they refuse to leave, they shall be subject to ejection.
2. Students. They shall be subject to disciplinary action as the facts may warrant, in accordance with the due process requirements.
3. Tenured faculty members. They shall be subject to disciplinary action as the facts may warrant in accordance with Education Law §3020-a or any other legal rights that they may have.
4. Staff members in the classified service of the civil service entitled to the protection of Civil Service Law §75. They shall be subject to immediate ejection and to disciplinary action as the facts may warrant in accordance with Civil Service Law §75 or any other legal rights that they may have.
5. 5. Staff members other than those described in subdivisions 3 and 4. They shall be subject to warning, reprimand, suspension or dismissal as the facts may warrant in accordance with any legal rights they may have.
Dignity For All Students Act
Definitions
In accordance with the Dignity for All Students Act, School District policy and practice must ensure that no student is subject to discrimination or harassment, based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender/gender identity or sex by school employees or students on school property, on a school bus, or at a school function.
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 (Education Law Section 11[1]).
School Bus means every motor vehicle owned and operated for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity, to or from school or school activities, or, privately owned and operated for compensation for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities (Education Law Section 11[1] and Vehicle and Traffic Law Section 142).
School Function means a school sponsored extracurricular event or activity (Education Law Section 11[2]).
Disability means (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term must be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held (Education Law Section 11[4] and Executive Law Section 292[21]).
Employee means any person receiving compensation from a school district or employee of a contracted service provider or worker placed within the school under a public assistance employment program, pursuant to title nine B of article five of the Social Services Law, and consistent with the provisions of such title for the provision of services to such district, its students or employees, directly or through contract, whereby such services performed by such person involve direct student contact (Education Law Section s11[4] and 1125[3]).
Sexual Orientation means actual or perceived heterosexuality, homosexuality, or bisexuality (Education Law Section 11[5]).
Gender means actual or perceived sex and includes a person’s gender identity or expression (Education Law Section 11[6]).
Harassment means the creation of a hostile environment by conduct or by verbal threats, intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical wellbeing; or conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; such conduct, verbal threats, intimidation or abuse includes but is not limited to conduct, verbal threats, intimidation or abuse based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex (Education Law Section 11[7]).
Race means a group of persons related by a common descent or heredity. For purposes of enumeration the U.S. Census Bureau uses terms such as: “White/Caucasian”, “Black/African American/African-descent, “Asian”, “Bi-racial”, “Hispanics/Latinos” etc. to describe and classify the inhabitants of the United States.
Color means the term refers to the apparent pigmentation of the skin, especially as an indication or possible indication of race.
Weight means aside from the obvious meaning in the physical sciences, the word is used in reference to a person’s “size”.
National Origin means a person’s country of birth or ancestor’s country of birth.
Ethnic Group means a group of people who identify with each other through a common heritage including language, culture, and often a shared or common religion and or ideology that stresses ancestry.
Religion means specific fundamental beliefs and practices generally agreed to by large numbers of the group or a body of persons adhering to a particular set of beliefs and practices.
Religious Practice means a term including practices and observances such as attending worship services, wearing religious garb or symbols, praying at prescribed times, displaying religious objects, adhering to certain dietary rules, refraining from certain activities, proselytizing, etc.
Sex means the biological and physiological characteristics that define men and women. (MALE and FEMALE denote “sex”.)
Gender means the socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for men and women. (MASCULINE and FEMININE denote “gender”.)
Sexual orientation means the sex to which a person is sexually attracted. Someone attracted primarily or exclusively to members of the opposite sex is characterized as straight or heterosexual. Someone attracted primarily or exclusively to members of the same sex is characterized as homosexual. A person with a strong or viable attraction to both genders is characterized as bisexual or pansexual.
Disability means any restriction or lack (due to any impairment) of ability to perform an activity in the manner or within the range considered typical.
Hazing Of Students
The Board of Education is committed to providing a safe, productive and positive learning environment within its schools. Hazing activities are demeaning, abusive and/or illegal behaviors that harm victims, and are inconsistent with the educational goals of the District by negatively impacting the school environment. Hazing of a student by another student or group of students is strictly prohibited on school property; in school buildings; on school buses; by school sponsored groups, clubs or teams; and at school sponsored events and/or activities whether occurring on or off campus. Hazing of a student refers to soliciting, encouraging, aiding, or engaging in “hazing” behavior as defined pursuant to District policy, regulation and/or law. The Board of Education shall require the prohibition of hazing - along with the range of possible intervention activities and/or sanctions for such misconduct - to be included in the District Code of Conduct for all grade levels.
For purposes of this policy, the term “hazing” among students is defined as any humiliating or dangerous activity expected of a student to join a group, regardless of their willingness to participate. Hazing behaviors include, but are not limited to, the following general categories:
a) Humiliation: socially offensive, isolating or uncooperative behaviors.
b) Substance abuse: abuse of tobacco, alcohol or illegal drugs.
c) Dangerous hazing: hurtful, aggressive, destructive, and disruptive behaviors.
Incorporated within this definition are various forms of physical, emotional and/or sexual abuse which may range in severity from teasing/embarrassing activities to life threatening actions.
Even if the hazing victim participated “willingly” in the activity, or there was no “intent” by the hazer to harm or injure another individual, hazing is still hazing and against District policy, the District Code of Conduct and may be in violation of New York State Law. However, hazing of students does not need to rise to the level of criminal activity for such conduct to be in violation of District rules and subject to appropriate disciplinary sanctions. Any hazing activity, whether by an individual or a group, shall be presumed a forced activity and in violation of Board policy, regardless of the “willingness” of the student to participate.
Any student who believes that he/she is being subjected to hazing behavior, as well as students, school employees or third parties who have knowledge of or witness any possible occurrence of hazing, shall report the incident to any staff member or the Building Principal. Anonymous student complaints of hazing behavior will also be investigated by the District. The staff member/Building Principal to whom the report is made (or the staff member/Building Principal who witnesses hazing behavior) shall investigate the complaint/incident and take appropriate action to include, as necessary, referral to the next level of supervisory authority and/or other official designated by the District to investigate allegations of hazing. Investigations of allegations of hazing shall follow the procedures utilized for complaints of harassment within the School District. Allegations of hazing shall be promptly investigated and will be treated as confidential and private to the extent possible within legal constraints.
Prohibition Of Retaliatory Behavior (Commonly Known As “Whistle Blower” Protection)
The Board of Education prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participate in the investigation of allegations of hazing. Follow-up inquiries and/or appropriate monitoring of the alleged hazer(s) and victim(s) shall be made to ensure that hazing behavior has not resumed and that all those involved in the investigation of allegations of hazing have not suffered retaliation. Any act of retaliation is subject to appropriate disciplinary action by the District.
Knowingly Makes False Accusations
Students who knowingly make false accusations against another individual as to allegations of hazing may also face appropriate disciplinary action.
District Responsibility/Training
Personnel at all levels are responsible for taking corrective action to prevent hazing behavior of which they have been made aware at School District sites; by school sponsored groups, clubs or teams; and at school sponsored events and/or activities whether occurring on or off-campus. Further, as may be applicable, personnel are to report such hazing behavior to their immediate supervisor. Staff training shall be provided to raise awareness of the problem of hazing within the schools and to facilitate staff identification of, and response to, such hazing behavior among students.
Prevention and intervention techniques within the District to help prevent hazing behavior and to support and protect victims shall include building-level and classroom-level strategies and activities as determined by administration. Individual intervention will be provided by appropriate staff members to hazers, victims and their parent/guardians to help ensure that the hazing stops.
Rules against hazing shall be publicized District-wide and shall be disseminated as appropriate to staff, students and parent/guardians. Disciplinary sanctions for violation of this policy shall be outlined in the District Code of Conduct and may also be incorporated in staff and student handbooks. In addition, allegations of hazing behavior may result in referral to law enforcement officials as necessary.
Civil Service Law Section 75-B
Education Law Sections 1709-a, 2503-a, 2554-a and 2801
Penal Law Sections 120.16 and 120.17
8 New York Code of Rules and Regulations (NYCRR) Section 100.2(l)(2)
NOTE: Refer also to Policies #3410 -- Code of Conduct on School Property
#3420 -- Anti-Harassment in the School District
#7551 -- Sexual Harassment of Students
#7552 -- Bullying: Peer Abuse in the Schools
District Code of Conduct
Non-Discrimination And Anti-Harassment In The School District
The Board of Education affirms its commitment to non-discrimination and recognizes its responsibility to provide an environment that is free of harassment and intimidation as required by Federal and state law. Harassment is a violation of law and stands in direct opposition to District policy. Therefore, the Board prohibits and condemns all forms of discrimination and harassment on the basis of race, color, creed, religion, national origin, political affiliation, sex, sexual orientation, age, marital status, military status, veteran status, disability, use of a recognized guide dog, hearing dog or service dog, or domestic violence victim status by employees, school volunteers, students, and non-employees such as contractors and vendors as well as any third parties who are participating in, observing, or otherwise engaging in activities subject to the supervision and control of the District. Sexual orientation is defined as heterosexuality, homosexuality, bisexuality, or asexuality, whether actual or perceived.
The Board also prohibits harassment based on an individual’s opposition to discrimination or participation in a related investigation or complaint proceeding under the anti-discrimination statutes. This policy of nondiscrimination and antiharassment will be enforced on School District premises and in school buildings; and at all school-sponsored events, programs and activities, including those that take place at locations off school premises and in another state.
It is intended that this policy apply to the dealings between or among employees with employees; employees with students; students with students; employees/students with vendors/contractors and others who do business with the School District, as well as school volunteers, visitors, guests and other third parties. All of these persons are hereinafter referred to collectively as “the named group.”
For purposes of this policy, harassment shall mean communication (verbal, written or graphic) and/or physical conduct based on an individual’s actual or perceived race, color, creed, religion, national origin, political affiliation, sex, sexual orientation, age, marital status, military status, veteran status, disability, use of a recognized guide dog, hearing dog or service dog or domestic violence victim status that:
a) Has the purpose or effect of substantially or unreasonably interfering with an individual’s work performance or is used as a basis for employment decisions (including terms and conditions of employment) affecting such individual; and/or creates an intimidating, hostile or offensive work environment;
b) Has the purpose or effect of substantially or unreasonably interfering with a student’s academic performance or participation in an educational or extracurricular activity, or creates an intimidating, hostile or offensive learning environment; and/or effectively bars the student’s access to an educational opportunity or benefit;
c) Otherwise adversely affects the employment and/or educational opportunities and benefits provided by the District.
Complaints And Grievances By Employees
(Moved from Policy #6122)
In accordance with the provisions of General Municipal Law and the collective bargaining agreements, all District personnel shall have the opportunity to present their complaints or grievances free from interference, coercion, restraint, discrimination or reprisal.
Complaints or grievances not covered under employee contracts shall be handled and resolved, whenever possible, as close to their origin as possible. The Superintendent is responsible for implementing regulations for the redress of complaints or grievances through proper administrative channels.
Complaints And Grievances By Students
(Moved from Policy #7550)
While students have the responsibility to abide by the policies and regulations of the District, they shall also be afforded opportunity to present complaints and grievances free from interference, coercion, restraint, discrimination or reprisal.
Administration shall be responsible for establishing rules and regulations for the redress of complaints or grievances through proper administration channels. In addition, the administration shall be responsible for developing an appeals process, ensuring that students have full understanding and access to these regulations and procedure, and providing prompt, thorough and equitable consideration and determination of student complaints and grievances.
Investigation Of Complaints And Grievances
The School District will act to promptly investigate all complaints, verbal or written, formal or informal, of allegations of harassment based on any of the characteristics described above; and will promptly take appropriate action to protect individuals from further harassment. The District will designate, at a minimum, two (2) Compliance Officers, one of each gender.
In order for the Board to enforce this policy, and to take corrective measures as may be necessary, it is essential that any employee, student, or other member of the above named group who believes he/she has been a victim of harassment in the school environment and/or at programs, activities and events under the control and supervision of the District, as well as any individual who is aware of and/or who has knowledge of, or witnesses any possible occurrence of harassment, immediately report such alleged harassment; such report shall be directed to or forwarded to the District’s designated Compliance Officer(s) through informal and/or formal complaint procedures as developed by the District. Such complaints are recommended to be in writing, although verbal complaints of alleged harassment will also be promptly investigated in accordance with the terms of this policy. In the event that the Compliance Officer is the alleged offender, the report will be directed to the next level of supervisory authority.
Upon receipt of an informal/formal complaint (even an anonymous complaint), the
District will conduct a prompt, equitable and thorough investigation of the charges. However, even in the absence of an informal/formal complaint, if the District has knowledge of any occurrence of harassment, the District will investigate such conduct promptly and thoroughly. To the extent possible, within legal constraints, all complaints will be treated as confidentially and privately as possible. However, disclosure may be necessary to complete a thorough investigation of the charges and/or to notify law enforcement officials as warranted, and any disclosure will be provided on a “need to know” basis. The Superintendent will inform the Board of Education of investigations involving findings of discrimination or harassment.
Based upon the results of this investigation, if the District determines that an employee and/or student has violated the terms of this policy and/or accompanying regulations, immediate corrective action will be taken as warranted. Should the offending individual be a student, appropriate disciplinary measures will be applied, up to and including suspension, in accordance with applicable laws and/or regulations, District policy and regulation, and the District Code of Conduct. Should the offending individual be a school employee, appropriate disciplinary measures will be applied, up to and including termination of the offender’s employment, in accordance with legal guidelines, District policy and regulation, and the applicable collective bargaining agreement(s). Third parties (such as school volunteers, vendors, etc.) who are found to have violated this policy and/or accompanying regulations and/or the Code of Conduct, will be subject to appropriate sanctions as warranted and in compliance with law. The application of such disciplinary measures by the District does not preclude the filing of civil and/ or criminal charges as may be warranted.
Prohibition Of Retaliatory Behavior (Commonly Known As “Whistle-Blower” Protection)
The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participated in the investigation of a complaint of harassment. Follow-up inquiries shall be made to ensure that harassment has not resumed and that all those involved in the investigation of the harassment complaint have not suffered retaliation.
Finding That Harassment Did Not Occur
At any level/stage of investigation of alleged harassment, if a determination is made that harassment did not occur, the Compliance Officer will so notify the complainant, the alleged offender and the Superintendent of this determination. Such a finding does not preclude the complainant from filing an appeal pursuant to District policy or regulation and/or pursuing other legal avenues of recourse.
However, even if a determination is made that harassment did not occur, the Superintendent/designee reserves the right to initiate staff awareness and training, as applicable, to help ensure that the school community is not conducive to fostering harassment in the workplace. In all cases, the Superintendent will inform the Board of Education of the results of each investigation involving a finding that harassment did not occur.
Knowingly Makes False Accusations
Employees and/or students who knowingly make false accusations against another individual as to allegations of discrimination or harassment may also face appropriate disciplinary action.
Privacy Rights
As part of any investigation, the District has the right to search all school property and equipment including District computers. Rooms, desks, cabinets, lockers, computers, etc. are provided by the District for the use of staff and students, but the users do not have exclusive use of these locations or equipment and should not expect that materials stored therein will be private.
Civil Rights Compliance Officer (Title IX/Section 504/Ada Compliance Officer)
The Civil Rights Compliance Officer is the Superintendent of Schools, Andrea L. Galenski. The Civil Rights Compliance Officer shall be appointed by the Board and shall be responsible for providing information, including complaint procedures, and for handling complaints relative to civil rights (e.g., Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990) for any student, parent/guardian, employee or employment applicant.
Prior to the beginning of each school year, the District shall issue an appropriate public announcement which advises students, parent/guardians/guardian, employees and the general public of the District’s established grievance procedures for resolving complaints of discrimination based on sex or disability. Included in such announcement will be the name, address and telephone number of the Civil Rights Compliance Officer.
The Civil Rights Compliance Officer shall also be responsible for handling complaints and grievances regarding discrimination based on race, color, creed, religion, national origin, political affiliation, sexual orientation, age, military status, veteran status, marital status, predisposing genetic characteristics, use of a recognized guide dog, hearing dog or service dog, or domestic violence victim status.
Development And Dissemination of Administrative Regulations
Regulations will be developed for reporting, investigating, and remedying allegations of harassment based on the characteristics described above. An appeal procedure will also be provided to address any unresolved complaints and/or unsatisfactory prior determinations by the applicable Compliance Officer(s). Such regulations will be developed in accordance with federal and state law as well as any applicable collective bargaining agreement(s).
The Superintendent/designee(s) will affirmatively discuss the topic of harassment with all employees and students, express the District’s condemnation of such conduct, and explain the sanctions for such harassment. Appropriate training and/or “awareness” programs will be established for staff and students to help ensure knowledge of and familiarity with the issues pertaining to harassment in the schools, and to disseminate preventative measures to help reduce such incidents of prohibited conduct. Furthermore, special training will be provided for designated supervisors and managerial employees, as may be necessary, for the investigation of harassment complaints.
A copy of this policy and its accompanying regulations will be available upon request and may be posted at various locations in each school building. The District’s policy and regulations on anti-harassment will be published in appropriate school publications such as teacher/employee handbooks, student handbooks, and/or school calendars.
This policy should not be read to abrogate other District policies and/or regulations or the District Code of Conduct prohibiting other forms of unlawful discrimination, inappropriate behavior, and/or hate crimes within this District.
It is the intent of the District that all such policies and/or regulations be read consistently to provide the highest level of protection from unlawful discrimination in the provision of employment/educational services and opportunities. However, different treatment of any member of the above named group which has a legitimate, legal and nondiscriminatory reason shall not be considered a violation of District policy.
Age Discrimination in Employment Act, 29 United States Code (USC) Section 621 Americans with Disabilities Act, 42 United States Code (USC) Section 12101 et seq.
Prohibits discrimination on the basis of disability.
Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) Section 794 et seq.
Prohibits discrimination on the basis of disability.
Title VI of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000d et seq.
Prohibits discrimination on the basis of race, color or national origin.
Title VII of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000e et seq.
Prohibits discrimination on the basis of race, color, religion, sex or national
origin.
Title IX of the Education Amendments of 1972, 20 United States Code (USC) Section 1681 et seq.
Prohibits discrimination on the basis of sex.
Civil Rights Law Section 40-c
Prohibits discrimination on the basis of race, creed, color, national origin, sex, sexual orientation, marital status or disability.
Civil Service Law Section 75-B
Education Law Section 2801(1)
Executive Law Section 290 et seq.
Prohibits discrimination on the basis of age, race, creed, color, national origin, sex, sexual orientation, disability, military status, marital status, use of a recognized guide dog, hearing dog or service dog, or domestic violence victim status.
Military Law Sections 242 and 243
NOTE: Refer also to Policies
#3000 -- Public Complaints
#6000 -- Sexual Harassment of District Personnel
#7000 -- Sexual Harassment of Students
Academic Policies And Eligibility
Mission Statement:
The goal of the John F. Kennedy Middle/High School Academic Eligibility Policies is to achieve excellence and academic achievement while simultaneously promoting participation in extra-curricular activities including, but not limited to: athletics, music, clubs, dances, senior trip, senior activities, field trips, and assemblies. Academics must come first and foremost. Students must accept academic responsibility in order to participate in extra-curricular activities.
Policy:
The Academic Eligibility Policy is split into two categories. A student can be placed on one of two academic lists. Once placed on list, the student’s academic advisor will meet with them and advise them of situation and how to rectify deficiencies.
Phase I: The list would include students who fail only one course. Once on this list students will be reviewed more closely at the five-week progress report, and/or the end of the marking period. If that student is still failing at this point, they will be placed on the Phase II list per an evaluation of the Academic Eligibility Committee. If the student displays vast improvement they will/may be removed from the list.
Phase II: The list would include students who are failing two or more courses. Phase II student’s will be reviewed on a weekly basis and evaluated as to their weekly passing or failing status by each of the teachers using the Phase II rubric. Teachers will be monitoring the student’s weekly progress and parent/guardian/guardian contact by using the weekly Academic Ineligibility Log.
Phase II- Rubric for Academic Eligibility and Participation:
The Phase II students will be evaluated weekly on the following areas:
A. Homework
B. Projects/class work/class participation
C. Attendance
D. Remediation attendance
The review for student progress will occur at the end of the 5-week cycle or when the quarter ends.
Level One: Student is deficient in two or more areas/courses will receive a failing mark. *Student remains eligible and is expected to seek remediation.
Level Two: Student remains deficient in two or more areas/courses. ** Student is ineligible for the remainder of the 5-week cycle or quarter for any school sponsored functions including but not limited to athletics, assemblies, field trips, or dances. **
Student remains eligible for practice/rehearsal.
Level Three: Student continues to be deficient in two or more areas. ***Student is now ineligible for ALL school activities and functions, including all extracurricular activities for the remainder of the 5-week cycle or quarter at a minimum, when the review will take place. The student will have until the end of the 5-week cycle or quarter to rectify ALL his/her deficiencies. If they do not they will continue on Phase II, Level three status.
During Phase I and Phase II level 1, students are required to seek remediation on their own time to improve their academic status.
Once ineligible (Phase II levels 2 and 3), students will be MANDATED to attend after school remediation and/or daily lunch remediation.
The academic week of grading starts on Thursday and ends the following Wednesday. This allows the academic achievement committee ample time to set up the lunch remediation schedule and ineligible lists for the following week.
If a student is placed on Phase I, a letter will be sent home at the 5- week mark and at the end of quarter. A student placed on Phase II for receiving a failing grade will be given a letter of notification of failure each week while they remain in Phase II.
Teachers are responsible to grade each student weekly. Teachers are also responsible for documenting student remediation and parent/guardian contact using the Academic Ineligibility Log. The log will be collected weekly by administration for review. Extra-curricular advisors, as well as coaches, are responsible for enforcing non-participation for those students who become ineligible.
Furthermore, the student has the right to appeal this action but must furnish evidence to rebuke the committee’s ruling.
The Academic Eligibility Committee may override any ineligible status with the approval of administration.
The Academic Eligibility Committee may add students who are passing classes, but showing signs of struggle to Phase I.
ACADEMIC POLICY JFK MIDDLE SCHOOL
The Academic Eligibility Policy is split into two categories, Phase 1 and Phase 2. A student will be placed on Academic Ineligibility if a grade is below 65% at any five week grading interval. A student who has failed a subject the previous academic school year will automatically be placed on Phase 1 for the first five weeks of the new school year. Once placed on a phase, the student’s individual teacher will meet with him/her weekly, advise him/her of the situation, and how to rectify his/her deficiencies.
Phase 1: A student is failing one or more subjects.
A student placed on Phase 1:
• May practice, play, participate in any extracurricular activity, or attend other school functions for five weeks.
• Will have five weeks to improve his/her academic performance to maintain full participatory status.
A student who is passing all subjects after five weeks, will be removed from academic ineligibility.
Phase 2: A student continues to fail any subject they were previously failing.
A student placed on Phase 2:
• MAY NOT practice with his/her team or participate in a scheduled game for a minimum of 5 weeks
• MAY NOT participate in extracurricular clubs or organizations, as well as field day, sporting events and dances for a minimum of 5 weeks.
• MUST meet with his/her teacher for weekly remediation.
• May also be withheld from attending any school sponsored functions including but not limited to assemblies and field trips for a minimum of 5 weeks.
The student will have five weeks to improve his/her academic performance, if he/she does not, he/she will continue on Phase 2.
Academic letters will be sent home the week after the marking period closes. Teachers are responsible for documenting student remediation and parent/guardian contact using the Academic Ineligibility Log. The log will be collected weekly by administration for review. Extra-curricular advisors, as well as coaches, are responsible for enforcing non-participation for those students who become ineligible.
****The student has the right to appeal this action but must furnish evidence to rebut the committee’s ruling. Teachers may also waive a student’s placement on Phase 2 if a student has shown exemplary effort. The principal will make the final determination in these cases.
Academic Policies
Passing Or Failing Of Courses Responsibility/Action
Teacher
1) a. Monitors constantly a student’s educational development;
b. Notifies parent/guardians at five (5) week intervals or periodically by phone or in writing to indicate any significant deficiency;
c. notifies the principal at any time that a student’s success in the course is
doubtful;
d. Students will receive quarterly grades equal to 2/3 of their final rating and a summary grade (exam and/or other assessment equal to 1/3 of their final rating);
e. Submits a compilation of final rating to the principal.
Principal
2) a. sets up a conference with appropriate teachers and guidance counselors in any situation where it is deemed advisable to review a student’s performance.
b. Where indicated by professional judgment notifies a child’s parent/guardian of developmental concerns at the 20th week of school. A copy of the promotion & retention procedure will be included with the notification.
c. Approves the teacher’s final recommendations for final rating.
Promotional Policy
Grades 6-12 Report Cards
Students enrolled in subjects requiring 40 weeks of instruction will receive four (4) ten (10) week (quarterly) numerical grades for that subject on the report card. Students enrolled in a subject requiring 20 weeks of instruction will receive two (2) ten (10) weeks (quarterly) numerical grades for that subject on the report card. These grades indicate student achievement. Sixty-five (65) is considered the minimum passing grade for a subject. In addition to the above quarterly grades, the student will receive a summary grade (exam and/or other assessment) and a final rating for each subject. The final rating determines whether or not a student successfully completed the requirements for the subject. It is determined in the following manner:
The final rating determines whether a student passes or fails the course and, therefore, determines if a student is eligible for course credit. The minimum passing final rating for the course is 65.
Students who fail to achieve a final of sixty five (65) in a state Regents course or a local non regent’s course must choose to either rectify the deficiency or repeat the entire course the following academic school year.
A special panel will be formed that will consist of the principal and two teachers. One teacher will be the Department Chairperson and/or team leader of the academic area involved or grade level involved. This panel will have the, right to grant special permission to a student to repeat only one half the course in which they received a final rating below 65. Permission may be granted to take a January exam, and/or other assessment if the panel is satisfied that the student has achieved the equivalent study and review which they would have accomplished by being in class for the entire year. Special consideration will be given to students by the panel only in very unusual circumstances or when students have transferred from another school.
Course Placement
Most students are enrolled in Regents courses. Assignments to advance placement, honors, Regents, non-Regents, or modified courses is based on abilities and skills evidenced by standardized tests, achievements on previous work and teacher recommendations. Students will be expected to enroll in courses that challenge them to do all they are capable of. Achieving a final rating of less than sixty five (65) does not mean a student can transfer from one course level to a lower course level: for example, from honors to Regents, or from Regents to a non-Regents course, or from a non-Regents to a modified. Students with a final rating of less than sixty five (65) are expected to repeat the course they took in its entirety and get a summary grade (exam and/or assessment) in order to achieve a final rating of sixty five (65) or higher. In rare cases when there is a request for a lower level course, the final decision will rest with a special panel consisting of the principal, guidance counselor, and two teachers. One of the teachers will be the Department Head of the academic area in question.
Honors Exemption From Final Exam
A. Teachers will have the option of excusing a student from taking a final exam and/or other assessment in a non-Regents course by maintaining a 90% or better average in the course over the designated period of time.
1. Students enrolled in 40 week non-Regents subjects must maintain a 90% or better average for the entire school year.
2. Students enrolled in a 20 week non-Regents course must maintain a 90% or better average for the entire semester.
B. The names of students meeting the above requirements will be submitted to the high school principal.
C. Qualified students may take the final exam and/or other assessment if they desire to do so.
D. The final rating of these students who are exempt will be the average of their quarterly grades.
Student Attendance Policy
Statement of Overall Objectives
School attendance is both a right and a responsibility. The School District is an active partner with students and parents in the task of ensuring that all students meet or exceed the New York State Learning Standards. The Cheektowaga Sloan Union Free School District recognizes that school attendance, academic success and school completion have a positive correlation and that all three affect future employment. Therefore, the School District has developed and, if necessary, will revise a Comprehensive Student Attendance Policy to meet the following objectives:
a) To increase school completion for all students;
b) To raise student achievement and close gaps in student performance;
c) To identify attendance patterns in order to design attendance improvement efforts;
d) To know the whereabouts of every student for safety and other reasons;
e) To verify that individual students are complying with education laws relating to compulsory attendance;
f) To determine the District’s average daily attendance for State aid purposes.
Description of Strategies to Meet Objectives
The School District will:
a) Create and maintain a positive school building culture by fostering a positive physical and psychological environment where the presence of strong adult role models encourages respectful and nurturing interactions between adults and students. This positive school culture is aimed at encouraging a high level of student bonding to the school, which in turn should lead to increased attendance.
b) Develop a Comprehensive Student Attendance Policy based upon the recommendations of a District Policy Development Team that includes representation from the Board of Education, administrators, teachers, students, parents and the community. The District will hold at least one (1) public hearing prior to the adoption of this collaboratively developed Comprehensive Student Attendance Policy.
c) Maintain accurate recordkeeping via a Register of Attendance to record attendance, absence, tardiness or early departure of each student.
d) Utilize data analysis systems for tracking individual attendance and individual and group trends in student attendance problems.
e) Develop early intervention strategies to improve school attendance for all students.
Determination of Excused and Unexcused Absences, Tardiness and Early Departures
Based upon our District’s education and community needs, values and priorities, the District has determined that absences, tardiness and early departures will be considered excused or unexcused according to the following standards. The classification of excused and unexcused absences applies to all grade levels.
a) Excused: An absence, tardiness or early departure may be excused if due to personal illness, illness or death in the family, impassible roads due to inclement weather, religious observance, quarantine, required court appearances, attendance at health clinics, approved college visits, approved cooperative work programs, military obligations, school sponsored activities, or other such reasons as may be approved by the Superintendent and/or Board of Education.
b) Unexcused: An absence, tardiness or early departure is considered unexcused if the reason for the lack of attendance does not fall into the above excused categories. (The following are some examples of unexcused absences: family vacation, hunting, babysitting, hair appointment, obtaining learner’s permit, road test, oversleeping.)
Any absence is considered unexcused unless a parent/legal guardian provides a written note verifying the absence. Absences may be verified for authenticity. The District encourages parents, whenever possible, to schedule outside appointments for their child before or after school hours.
Written requests from, the parent/guardian for the release of students generally will be honored. The appropriate time and reason for absence shall be recorded on the attendance record, using the procedures mandated by the state.
Student Attendance Recordkeeping Data Collection
The record of each student’s presence, absence, tardiness and early departure shall be kept in a register of attendance in a manner consistent with Commissioner’s Regulations. An absence, tardiness or early departure will be entered as “excused” or “unexcused” along with the District code for the reason.
Attendance shall be taken and recorded in accordance with the following:
a) For students in non-departmentalized kindergarten through grade five (i.e., self-contained classrooms and supervised group movement to other scheduled school activities such as physical education in the gym, assembly, etc.), such student’s presence or absence shall be recorded after the taking of attendance once per school day, provided that students are not dismissed from school grounds during a lunch period. Where students are dismissed for lunch, their presence or absence shall also be recorded after the taking of attendance a second time upon the student’s return from lunch. For purposes of APPR and Teacher Student Data Linkages (TSDL), classroom attendance for all students K through 12 must be-recorded on a subject by subject basis for Teacher of Record Determinations.
b) For students in grades 6 through 12 or in departmentalized schools at any grade level (i.e., students pass individually to different classes throughout the day), each student’s presence or absence shall be recorded after the taking of attendance in each period of scheduled instruction.
c) Any absence for a school day or portion thereof shall be recorded as excused or unexcused in accordance with the standards articulated in this policy.
d) In the event that a student at any instructional level from grades K through 12 arrives late for or departs early from scheduled instruction, such tardiness or early departure shall be recorded as excused or unexcused in accordance with the standards articulated in this policy.
A record shall be kept of each scheduled day of instruction during which the school is closed for all or part of the day because of extraordinary circumstances including adverse weather conditions, impairment of heating facilities, insufficiency of water supply, shortage of fuel, destruction of or damage to a school building, or such other cause as may be found satisfactory to the Commissioner of Education.
Attendance records shall also indicate the date when a student withdraws from enrollment or is dropped from enrollment in accordance with Education Law Section 3202(1-a).
At the conclusion of each class period or school day, all attendance information shall be compiled and provided to the designated school personnel who are responsible for attendance. The nature of the absence, tardiness or early departure shall be coded on a student’s record in accordance with the established District/building procedures.
Student Attendance and Course Credit
The Cheektowaga-Sloan School District believes that classroom participation is related to and affects a student’s performance and grasp of the subject matter and, as such, is properly reflected in a student’s grade and promotion. For purposes of this policy, classroom participation means that a student is in class and prepared to work.
It is necessary for each student enrolled at Theodore Roosevelt Elementary School, Woodrow Wilson Elementary School, John F. Kennedy Middle School and John F. Kennedy High School to be in attendance daily. Punctuality and regular attendance in classes are important in the instructional process as well as in the formation of good work habits. Although some material can be learned independently, the daily interaction with the classroom teacher is a crucial part of the learning process.
Consequently, for each marking period a certain percentage of a student’s final grade may be based on classroom participation as well as the student’s performance on homework, tests, papers, projects, etc. as determined by the building administrator and/or classroom teacher.
Class Attendance/Grade 9-12
At the middle school/high school level, any student with more than 28 absences in a course may not receive credit for the course. However, students with properly excused absences, tardiness, and early departures for which the student has performed any assigned make-up work, assignments, and/or tests will not be counted as an absence for the purpose of determining the student’s eligibility for course credit. District procedures will specify how many student tardiness and early departures will be calculated and factored into the District’s minimum attendance standard.
However, the District may not deny course credit to a student who has exceeded the allowable number of absences but taken all tests, completed missed class work, and secured a passing grade.
For summer school and courses meeting ½ year or ¼ year, the same policy will apply and a calculation of the absences will be prorated accordingly.
Transfer students and students re-enrolling after having dropped out will be expected to attend prorated minimum number of the scheduled class meetings during their time of enrollment.
Students will be considered in attendance if the student is:
1. Physically present in the classroom or working under the direction of the classroom teacher during the class scheduled meeting time; or
2. Working pursuant to an approved independent study program; or
3. Receiving approved alternate instruction.
Students who are absent from class due to their participation in a school sponsored activity are to arrange with their teachers to make up any work missed in a timely manner as determined by the student’s teacher. Attendance at school sponsored events where instruction is substantially equivalent to the instruction which was missed shall be counted as the equivalent of regular attendance in class.
Upon returning to school following an absence, tardiness or early departure, it shall be the responsibility of the student and/or parent or legal guardian to consult with his/her teacher(s) regarding arrangements to make up missed work, assignments and/or tests in accordance with the time schedule specified by the teacher.
In cases of extended illness the student will be considered in class if home teaching, the equivalent of classroom attendance, is completed to the satisfaction of the teacher.
For all science lab classes, the student must meet the New York State minimum requirement for satisfactory lab participation to be eligible for the final exam.
Notice of Minimum Attendance Standard/Intervention Strategies Prior to the Denial of Course Credit
In order to ensure that parents/persons in parental relation and students are informed of the District’s policy regarding minimum attendance and course credit, and the implementation of specific intervention strategies to be employed prior to the denial of course credit to the student for insufficient attendance, the following guidelines shall be followed:
a) Copies of the District’s Comprehensive Student Attendance Policy will be available to parents/ persons in parental relation and provided to students at the beginning of each school year or at the time of enrollment in the District.
b) School newsletters and publications will include periodic reminders of the components of the District’s Comprehensive Student Attendance Policy. Copies of the Attendance Policy will also be included in parent/student handbooks or posted on the district website.
c) At periodic intervals, a designated staff member(s) will notify, by telephone, the parent/person in parental relation of the student’s absence, tardiness, or early departure and explain the relationship of the student’s attendance to his/her ability to receive course credit. If the parent/person in parental relation cannot be reached by telephone, a letter shall be sent detailing this information.
d) The Principal or his/her designee will review the District’s Attendance Policy with students who have excessive and/or unexcused absences, tardiness or early departures. Further, appropriate student support services/personnel within the District, as well as the possible collaboration/referral to community support services and agencies, will be implemented prior to the denial of course credit for insufficient attendance by the student.
Notice of Students who are Absent, Tardy or Depart Early without Proper Excuse
A designated staff member shall notify by telephone the parent/person in parental relation to a student who is absent, tardy or departs early without proper excuse. The staff member shall explain the District’s Comprehensive Student Attendance Policy, building level intervention procedures, and, if appropriate, the relationship between student attendance and course credit. If the parent/person in parental relation cannot be reached by telephone, the staff member will provide such notification by mail. Further, the District’s Attendance Policy will be mailed to the parent/person in parental relation to promote awareness and help ensure compliance with the policy.
If deemed necessary by appropriate school officials, or if requested by the parent/person in parental relation, a school conference shall be scheduled between the parent/person in parental relation and appropriate staff members in order to address the student’s attendance. The student may also be requested to attend this conference in order to address appropriate intervention strategies that best meet the needs of the student.
Attendance Incentives
In order to encourage student attendance, the District will develop and implement grade- appropriate/building-level strategies and programs, which may include:
a) Special events (e.g., assemblies, guest speakers, and field days) scheduled on days that historically have high absenteeism (e.g., Mondays, Fridays, day before vacation);
b) Classroom and building acknowledgement of the importance of good attendance (e.g., individual certificates, recognition chart, bulletin boards, posted attendance honor rolls).
Disciplinary Consequences
Unexcused absences, tardiness and early departures will result in disciplinary sanctions as described in the District’s Code of Conduct. Consequences may include, but are not limited to, in- school suspension, detention and denial of participation in interscholastic and extracurricular activities. Parents/persons in parental relation will be notified by designated personnel at periodic intervals to discuss their child’s absences, tardiness or early departures and the importance of class attendance and appropriate interventions. Individual buildings/grade levels will address procedures to implement the notification process to the parent/person in parental relation.
For significant absenteeism, a PINS petition and/or referral to Child Protective Services may be considered.
Intervention Strategy Process
In order to effectively intervene when an identified pattern of unexcused absences, tardiness or early departures occur, designated personnel will pursue the following:
a) Identify specific element(s) of the pattern (e.g., grade level, building, time frame, type of unexcused absences, tardiness or early departures);
b) Contact the staff most closely associated with the matter. In specific cases where the pattern involves an individual student, the student and parent/person in parental relation will be contacted;
c) Discuss with appropriate personnel (e.g., social worker, counselor, Student Support Teams and Family Solution Center) strategies to directly intervene with specific matters;
d) Recommend intervention to administrator or his/her designee if it relates to change in District policy or procedure;
e) Implement changes, as approved by appropriate administration;
f) Utilize appropriate District and/or community resources to address and help remediate student unexcused absences, tardiness or early departures;
g) Monitor and report short and long term effects of intervention.
Appeal Process
A parent/person in parental relation may request a building level review of his/her child’s attendance record at any time.
Building Review of Attendance Records
The Building Administrator will work in conjunction with designated staff in reviewing attendance records at the end of each term. This review is conducted to identify individual and group attendance patterns and to initiate appropriate action to address the problem of unexcused absences, tardiness and early departures.
Annual Review by the Board of Education
The Board of Education shall annually review the building level student attendance records and if such records show a decline in student attendance, the Board shall make any revisions to the Policy and plan deemed necessary to improve student attendance.
Community Awareness
The Board of Education shall promote necessary community awareness of the District’s Comprehensive Student Attendance Policy by:
a) Providing a plain language summary of the policy to parents or persons in parental relation to students at the beginning of each school year and promoting the understanding of such a policy to students and their parents/persons in parental relation.
b) Providing each teacher, at the beginning of the school year or upon employment, with a copy of the policy; and
c) Providing copies of the policy to any other member of the community upon request.
Enforcement, Dissemination And Review
Enforcement
The building principal or his or her designee shall be responsible for enforcing the conduct required by this Code.
When the building principal or his or her designee sees an individual engaged in prohibited conduct, which in his or her judgment does not pose any immediate threat of injury to persons or property, the principal or his or her designee shall tell the individual that the conduct is prohibited and attempt to persuade the individual to stop. The principal or his or her designee shall also warn the individual of the consequences for failing to stop. 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 principal or his or her designee shall have the individual removed immediately from school property or the school function. If necessary, local law enforcement authorities will be contacted to assist in removing the person.
Cheektowaga-Sloan may initiate disciplinary action against any student or staff member, as appropriate, with the Penalties section above. In addition, the District reserves its right to pursue a civil or criminal legal action against any person violating the Code.
Dissemination And Review
Dissemination of Code of Conduct
The Board will work to ensure that the community is aware of this Code of Conduct by:
a) Providing copies of a summary of the Code to all students at a general assembly held at the beginning of each school year.
b) Making copies of the Code available to all parent/guardians at the beginning of the school year.
c) Mailing a summary of the Code of Conduct written in plain language to all parent/guardians of District students before the beginning of the school year and making this summary available later upon request.
d) Providing all current teachers and other staff members with a copy of the Code and a copy of any amendments to the Code as soon as practicable after adoption.
e) Providing all new employees with a copy of the current Code of Conduct when they are first hired.
f) Making copies of the Code available for review by students, parent/guardians and other community members.
The Board will sponsor an in-service education program for all District staff members to ensure the effective implementation of the Code of Conduct. The Superintendent may solicit the recommendations of the District staff, particularly teachers and administrators, regarding in service programs pertaining to the management and discipline of students.
The Board of Education will review this Code of Conduct every year and update it as necessary. In conducting the review, the Board will consider how effective the Code’s provisions have been and whether the Code has been applied fairly and consistently.
The Board may appoint an advisory committee to assist in reviewing the Code and the District’s response to Code of Conduct violations. The committee will be made up of representatives of student, teacher, administrator, and parent/guardian organizations, school safety personnel and other school personnel.
Before adopting any revisions to the Code, the Board will hold at least one public hearing at which school personnel, parent/guardians, students and any other interested party may participate.
The Code of Conduct and any amendments to it will be filed with the Commissioner no later than 30 days after adoption.
Student Technology Acceptable Use Policy
Title I Information
The Title I Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA), signed December 10, 2015, requires that school districts notify parents of students who attend a school that receives Title I federal funds of their right to request information regarding the qualifications of their children’s teachers and para-professionals. Please be advised that teachers in this District possess, minimally, a bachelor’s degree and/or master’s degree and hold the appropriate NYS certification required in their field. Para-professionals employed by the District also meet all NYS requirements. If your child attends a Title I school, you may obtain specific information about the school’s teachers by submitting a written request to your child’s Principal.