Nyack Public Schools - SAVE Code of Conduct

District Code of Conduct

Complete 2002-03 Code of Conduct for Nyack Public Schools (requires Acrobat Reader)

New York State mandates that all school districts adopt a Code of Conduct. In Nyack, we have seriously considered the Code's every aspect. Before adoption by the Board of Education, our Code was reviewed, discussed, and amended many times by a committee of parents, students, and staff. A public hearing was held for input from the community.

Our Code is meant to be a way of communicating and acting upon the values of the Nyack School District as they are outlined in the district's Mission Statement. We believe that the nurturing and encouragement of positive relationships creates a healthy environment, one that is supportive of productive problem-solving and conflict resolution. Giving students and staff opportunities to learn about each other and to develop constructive relationships is a goal that is shared throughout the school community. Our intention is to implement the Code's regulations in a way that respects the strength that diversity of approach can bring to attaining our common goals in a positive and productive way.

Our first priority is the safety and security of our students. Building bridges between and among the members of our school community is the cornerstone of our efforts to provide a safe and secure learning environment for everyone.

The district has long-standing expectations for conduct on school property and at school functions. These expectations are based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty, and integrity.

To clarify these expectations, identify the consequences of unacceptable conduct, and ensure that discipline is administered promptly and fairly, the Board has adopted this Code of Conduct. It applies to students, school personnel, parents and guardians, and visitors to school property, at school functions, and on school vehicles.

Disruptive Student – One who is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom.
Violent Student – Includes a student who threatens, commits, or attempts an act of violence upon a school employee, a student, or another person on school property or at a school function; who possesses or displays a weapon; or who damages school property or the personal property of any school employee, anyone on school property or attending a school function.
Parent – A parent, guardian, or person who is in a parental relationship to a student.
School Function – Any school-sponsored event or activity, on or off school grounds, during or after school hours.
Weapon – Includes firearms or any other gun, including a pistol, revolver, shotgun, rifle, machine gun, disguised gun, BB gun, or a dagger, dirk, razor, stiletto, switchblade knife, gravity knife, brass knuckles, sling shots, metal knuckle knife, box-cutter, cane sword, electronic dart gun, Kung Fu star, stun gun, pepper spray, or other noxious sprays, and explosive or incendiary bombs.

Essential partners have a collaborative responsibility for school safety and compliance with the Code. Essential partners in the Nyack School District include parents, teachers, guidance counselors, principals, the Superintendent of Schools, and the Board of Education. The complete Code of Conduct lists specific responsibilities for each of our district's essential partners in Section 5300.15.

The topics on the following pages are listed in the same order as in the complete Code of Conduct. Section numbers from the complete Code are indicated for each topic.We are committed to safeguarding student rights in accordance with law, and to promoting a safe, healthy, orderly, and civil school environment.

All district students have the right to:

Take part in all district activities on an equal basis.
Present their version of relevant events to school personnel.
Access school rules and receive an explanation of these rules from school personnel.

Included in the responsibilities of all district students are the need to:

Be in school and in class on time, unless they are legally excused, and be prepared to learn.
Seek help to solve problems that might lead to discipline, and work to develop ways of controlling their own anger.
Dress appropriately for school and school functions.
Show respect to others and accept responsibility for their actions.
Conduct themselves as representatives of the district when participating in school events, at home or away.

Condensed from complete Code of Conduct, Section 5300.10.

Students are expected to give proper attention to personal cleanliness and to dress appropriately for school and school functions. Students' clothing, grooming and appearance should:

Be safe, appropriate and non-disruptive.
Not include inappropriate garments (defined in Administration Regulation 5300.20R as those garments including mesh or other see-through clothing or materials which reveal cleavage or do not completely cover the breasts and/or stomach, midriff, and/or any other part of the torso below the breasts, or which expose any part of the buttocks and/or parts which are known as private).
Keep underwear covered by outer clothing.
Include the wearing of shoes at all times.
Not include the wearing of hats by students in kindergarten through grade
Hats worn by High School students should comply with the Student Handbook.
Not wear anything that is vulgar, obscene, libelous, or denigrates others.
Not wear anything promoting or endorsing alcohol, tobacco, or illegal drugs, or encouraging other illegal or violent acts.

Each principal is responsible for informing students and their parents of the dress code at the beginning of the school year and when revisions are made to the code during the school year. Students who violate the dress code must cover or remove the offending item, and, if possible, replace it with something acceptable. Students who refuse shall be subject to discipline, up to and including in-school supervision. Repeated violations will mean further discipline, up to and including out-of-school suspension.

Condensed from complete Code of Conduct, Section 5300.20.

The Board of Education expects students to be respectful and civil and also recognizes the need to make its expectations specific and clear. The rules of conduct are listed in full in the complete Code of Conduct, and include the following: Students may be subject to disciplinary action when they:

Engage in disorderly conduct, including the use of language or gestures that are profane, lewd, vulgar, or abusive.
Trespass in any school building other than the one they attend without permission from the administrator in charge of the building.
Use beepers, cell phones, or other electronic devices during the school day. Students are permitted to carry cell phones, but they may not be used in the school building during the school day.
Engage in insubordinate conduct, including lateness, missing or leaving school without permission, and leaving a classroom without permission.
Engage in disruptive conduct.
Engage in violent conduct, including possession of a weapon or threatening use of a weapon.
Engage in harassment or bullying, including a severe action or persistent pattern of actions or statements directed at an individual or group, intended to be – or which a reasonable person would perceive as – ridiculing or demeaning.
Engage in hazing, including any act against another for initiation into, affiliation with, or maintenance of membership in any school-sponsored activity, club, organization, or team.
Endanger the safety, morals, health, or welfare of others, including harassment or intimidation; and when they possess, consume, sell, distribute, or exchange alcohol or illegal substances – or are under the influence of either.
Engage in academic misconduct, including plagiarism, cheating, copying, altering records, and assisting another student to do any of these things.
Engage in misconduct on school buses including making excessive noise, pushing, shoving, and fighting, and any other behavior which is not consistent with standards for classroom behavior.

Condensed from complete Code of Conduct, Section 5300.25.

Code Violations should be reported promptly by students and staff to appropriate persons of authority.

Condensed from complete Code of Conduct, Section 5300.30.

Discipline is most effective when it deals directly with the problem at the time and place it occurs, in a fair and impartial way. School personnel are expected to use disciplinary action only when necessary, and to place emphasis on students' ability to grow in self-discipline.

When disciplinary action is necessary, it will be firm, fair, and consistent, in order to be most effective in changing student behavior. In order to determine appropriate disciplinary action, school personnel will consider:

The student's age.
The circumstances which led to the offense, and its nature.
The student's prior disciplinary record.
The effectiveness of other forms of discipline.
Information from parents, teachers, and others, as appropriate.
Extenuating circumstances.

As a general rule, discipline will be progressive – usually, a student's first violation will merit a lighter penalty than subsequent violations (unless otherwise defined in school law or in the Commissioner's Regulations, e. g. the Gun-Free School Act.)

PENALTIES: Students who have violated the district's Code of Conduct may be subject to single or combined penalties which range from oral and written warnings through detention and suspension at various levels. The complete list of penalties is on page 14 of the complete Code of Conduct, available at the district administrative offices and on the district's web site.

PROCEDURES: Students are entitled to due process before a penalty is imposed. While the amount of due process depends on the penalty being imposed, in all cases school personnel imposing the penalty must inform the student of the alleged misconduct and must investigate the facts surrounding this alleged misconduct. All students will have an opportunity to present their version of the facts.

Students who are given penalties other than oral or written warnings or written notification to parents are also entitled to specific additional rights before the penalty is imposed. These rights are identified in the Code of Conduct.

REFERRALS: Referrals, as necessary or recommended, include counseling, PINS petitions, and Family Court.

Condensed from complete Code of Conduct, Section 5300.35

When a student of any age is removed from class by a teacher or a student of compulsory attendance age is suspended from school pursuant to Education Law #3214, the district will take immediate steps to provide alternative means of instruction.

Condensed from complete Code of Conduct, Section 3500.40.

The Board of Education recognizes that it may be necessary to suspend, remove, or otherwise discipline students with disabilities in order to address disruptive or problem behavior. The Board also recognizes that these students enjoy 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. Discipline procedures are given in full in the complete Code of Conduct.

Condensed from complete Code of Conduct, Section 3500.45.

Corporal punishment is any act of physical force upon a student for the purpose of punishing that student. Corporal punishment of students by any district employee is strictly forbidden. There are situations in which physical force may be used – for example, to protect oneself or any other person from physical injury. The district will file all complaints about the use of corporal punishment with the Commissioner of Education in accordance with the Commissioner's regulations.

Condensed from complete Code of Conduct, Section 3500.50.

The Board is committed to ensuring a safe and orderly atmosphere in our schools. To achieve this, school officials authorized to impose disciplinary penalties may question students about alleged violations of law or the district's Code of Conduct. While students are not entitled to "Miranda" type warnings, nor are school officials required to contact parents before questioning a student, school officials will tell students why they are being questioned.

The Board has authorized specific school officials to conduct searches of students and their belongings if there is reason to believe a search will result in evidence that a student has violated the law or the Code of Conduct.

Before searching a student or a student's belongings, authorized school officials will ask the student whether he or she possesses the items under suspicion. Searches will be limited to the extent necessary to locate evidence sought. Whenever practicable, students may be accommodated if they request the presence of another school-based adult. Searches will be conducted in the privacy of administrative offices. Students will be present when their possessions are being searched.

These rules do not apply to lockers, desks, and other storage places. School officials have complete control over these spaces, and students do not have reasonable expectation of privacy within them. They may be searched at any time by school officials.

The authority of police officials to interview or search students in schools or at school functions is limited. Police may enter school property or functions to question or search a student or to conduct a formal investigation if they have a warrant, probable cause to believe a crime has been committed on school property or at a school function, or have been invited by school officials. Before police questioning or search of a student, the principal shall notify the parent of the student; if the parent cannot be reached, the questioning or the search will not be conducted. The principal or a designated person must be present during police questioning or searches on school property or at a school function.

Consistent with the district's commitment to keep students safe and the obligation of school officials to report to child protective services when there is reasonable cause to suspect abuse or maltreatment, the district will cooperate with child protective service workers who wish to conduct, on school property, interviews of students related to allegations of child abuse or neglect, or custody investigations.

Condensed from complete Code of Conduct, Section 5300.55.

Parents and district citizens are encouraged to visit our schools and classrooms. Visitors must report to the principal's office to sign the visitor's register; they will be given identification badges to be worn at all times in the school or on school grounds. (Visitors at school functions open to the public are not required to register.) Visitors to classrooms must make arrangements in advance with the classroom teacher. Visitors are expected to abide by the rules for public conduct on school property contained in the Code of Conduct.

Condensed from complete Code of Conduct, Section 3500.60.

The Nyack School District is committed to providing an orderly, respectful environment conducive to learning. In order to maintain this kind of environment, it is necessary to regulate public conduct on school property and at school functions. Without exception, all persons on school property or attending a school function, on or off school property, must conduct themselves in a respectful and orderly manner as outlined in the complete Code of Conduct. It is important to note that school property and school functions are smoke-free environments.

Condensed from complete Code of Conduct, Section 3500.65.