District Code of Conduct

For the purposes of this Code, the following definitions apply:

Disruptive Student - an elementary or secondary student under the age of 21 who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom.

Parent - the parent, guardian or person in parental relation to a student.

Principal – refers to the building principal or his/her designee.

Removal - the act of a teacher in discontinuing the presence of the student in his/her classroom.

School Property - 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 §142 of the New York State Vehicle and Traffic Law.

School Function - any school sponsored extra-curricular, co-curricular or other event or activity.

Suspension - the act of a Building Principal, Superintendent of Schools, or District Superintendent in discontinuing the presence of a student from his/her regular classes.

Violent Student - a student under the age of 21 who:

• commits an act of violence upon a school employee, or attempts to do so.

• 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.

• possesses, while on school property or at a school function, a weapon.

• displays, while on school property or at a school function, what appears to be a weapon.

• threatens, while on school property or at a school function, to use a weapon.

• 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.

• knowingly and intentionally damages or destroys school district property.

Weapon - a firearm as defined in the Gun-Free Schools Act (18 USC §921) [any firearm, 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 firearm; any firearm muffler or silencer; or any destructive device], as well as 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.

The Saugerties Central School District believes in the right of each child, between the ages of five and 21 years or until the child receives a high school diploma, whichever comes first, to receive a free education.  All students in this state between the ages of six and the school year through which he or she becomes 16 are required by law to regularly attend school, either in the public schools, non-public schools that are approved for equivalency of instruction by the appropriate school authorities, or in the home in accordance with the Regulations of the Commissioner of Education.

The right to a free public school education extends to all students, including those with disabilities.  However, this right is not unconditional.  As long as due process of law requirements are met, a student may be removed from the classroom, suspended temporarily or suspended permanently from school.  Only students within the compulsory education ages (age six through the school year in which the student turns 16) are entitled to alternative, equivalent instruction following suspension.

Education in a free society demands that students be aware of their rights and learn to exercise them responsibly.  To this end, students have a right

• to be provided with an education that is intellectually challenging and relevant to demands of the 21st century;

• to learn in an environment free from interruption, harassment, discrimination, bullying, intimidation and fear;

• to participate in district activities on an equal basis regardless of race, color, weight, creed, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (identity or expression), or sex. 

• to be informed of all school rules;

• be guided by a discipline policy which is fairly and consistently implemented.

In addition, students in this District are afforded the following rights:

1. Student Expression - Students shall be allowed the opportunity for the free expression of ideas consistent with rights established by the federal and state constitutions.  However, a student’s freedom is subject to limitation in that the constitutional protections will not extend to libelous, slanderous, vulgar, lewd, indecent or obscene words or images or to words or images which by their very use incite others to damage property or physically injure persons.  Furthermore, speech which materially and substantially disrupts the work and discipline of the school, whether originating from within or without the School District and communicated to other students, School District officers or employees, may be subject to limitation.

2. Symbolic Expression - Students, in light of constitutionally protected free speech rights, may wear political buttons, armbands or badges of symbolic expression so long as the same conform to the limits set forth herein under “school newspaper” and “dress code”.

3. Student Activities - All students shall enjoy equal access to the extent of their capabilities for participation in the various extra-curricular and co-curricular activities sponsored by the School District.  The privilege of participating in such activities shall be conditioned upon appropriate conduct as established by the student code of conduct and any rules promulgated specifically for participation in extra and/or co-curricular activities.

4. Student Government - Students are encouraged to participate in the various student governmental bodies which have been or may be established in our schools.  It shall be the duty of the student governmental body to establish reasonable standards for qualification of candidates to serve in offices of the government.  Elections for student government shall be conducted in accordance with the principles of our democracy and elected student representatives shall work with the faculty, administration and student body in identifying cooperatively those areas of appropriate student responsibility. All student governmental bodies shall have a faculty advisor and shall be organized pursuant to a specific written constitution which the students shall participate in formulating.

5. Student Clubs and Other Student Organizations - The District encourages students to participate in curriculum related extra-curricular activity clubs and/or organizations.  To the extent that the District authorizes meetings of non-curriculum related clubs or organizations, the same shall be subject to the constitution of the student government and shall be conducted in accordance with any applicable federal or state law, as well as Board of Education policy or regulations.

6. Privacy Rights [Search and Seizure] - Students in attendance in our public schools are protected against illegal or unreasonable personal searches or seizures of their property by both the federal and state constitutions.  In light of these protections, no student’s person or property shall be searched for illegal substances or materials unless the school authorities conducting the search have reasonable suspicion to do so.  Lockers, desks, textbooks, computers and other materials, supplies or storage spaces loaned by the District to students may be subject to inspection at any time by school officials since such places are not the property of the student, but rather are owned by the School District and shared with the student.

7. Pregnant Students - During pregnancy and the period of pregnancy related disability which follows childbirth, a student shall be entitled to home instruction, upon request, or the student may continue to attend their regularly scheduled classes with provision for special instruction, scheduling and counseling where needed.  

8. Student Grievances and Complaints - If a student has a grievance or a complaint about a school-related matter, a school employee or other school official, s/he may submit it, in writing, to the Principal /Assistant Principal of the school who shall respond within ten (10) school days with a written answer or proposed resolution.  Grievances or complaints may be appealed in writing to the Superintendent of Schools if the Principal’s/Assistant Principal’s answer or proposed resolution is not deemed satisfactory by the student.  The Superintendent of Schools shall respond to all grievances and complaints within a reasonable period of time following receipt of the written appeal document.

Students attend school so that they may develop to their fullest potential. With this in mind, each student is expected:

• to accept responsibility for his/her actions;

• to respect the rights of others, including his/her right to secure an education in an environment that is orderly and disciplined;

• to attend school on a regular and punctual basis;

• to complete class assignments and other school responsibilities by established deadlines; 

• to show evidence of appropriate progress toward meeting course and/or diploma requirements;

• to respect school property, e.g. lockers, and help to keep it free from damage;

• to obey school regulations and rules made by school authorities and by the student governing body;

• to recognize that teachers assume the role of a surrogate parent in matters of behavior and discipline when at school, as well as during any school-sponsored activities;

• to contribute toward establishing and maintaining an atmosphere that generates mutual respect and dignity for all;

• to become familiar with this code and seek interpretation of parts not understood;

• to actively discourage inappropriate behavior of other students and report the incidents to the administration;

• to lock and maintain the security of the locker assigned to him/her;

• to lock and maintain the security of his/her car when it is parked on school grounds.

All stakeholders should assist students in maintaining a safe, supportive school environment, 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 (identity and expression) or sex, which will strengthen students’ self-concept and promote confidence to learn.

A cooperative relationship between home and school is essential to each student’s successful development and achievements. To achieve this wholesome relationship, parents are urged:

• to show an enthusiastic and supportive attitude toward school and education;

• to build a good working relationship between themselves and their child;

• to teach their child self-respect, respect for the law, respect for others and for public property;

• to insist on prompt and regular attendance;

• to listen to the views and observations of all parties concerned;

• to recognize that teachers merit the same consideration and respect that parents expect from their child;

• to encourage their child to take pride in his/her appearance;

• to insist that their child promptly bring home all communications from school;

• to cooperate with the school in jointly resolving any school related problem;

• to set realistic standards of behavior for their child and resolve to remain firm and consistent;

• to help their child learn to deal effectively with negative peer pressure;

• to provide a place conducive for study and completion of homework assignments;

• to demonstrate desirable standards of behavior through personal example;

• to foster a feeling of pride in their child for their school;

• to provide support and positive reinforcement to their child.

Parents should be aware that they are responsible for any financial obligations incurred by their child in school. This includes lost books, damage to property, etc.

School personnel play an important role in the education of students.  In view of this responsibility, school personnel must:

• promote a climate of mutual respect and dignity which will strengthen each student’s positive self-image;

• teach the common courtesies by precept and example;

• treat students in an ethical and responsible manner;

• help students to reach their maximum potential;

• demonstrate desirable standards of behavior through personal example;

• report violations of the Code of Conduct to the Building Principal/Assistant Principal or acting building principal;

• immediately report and refer violent students to the Principal/Assistant Principal or Superintendent of Schools.

 Every teacher knows that s/he works every day with this nation’s most precious commodity - the future generation.  In view of this responsibility, the teacher must:

• promote a climate of mutual respect and dignity which will strengthen each student’s positive self-image;

• plan and conduct a program of instruction that will make learning challenging and stimulating;

• recognize that some disciplinary problems are caused by a student’s personal and academic frustrations;

• utilize classroom routines which contribute to the total instructional program and to the student’s development of civic responsibility;

• seek to develop close cooperative relationships with parents for the educational benefit of the student;

• distinguish between minor student misconduct best handled by the teacher and major problems requiring the assistance of the administrator;

• teach the common courtesies by precept and example;

• handle individual infractions privately and avoid punishing the group for the misbehavior of one or two;

• help students cope with negative peer pressure;

• identify changing student behavior patterns and notify appropriate personnel;

• enable students to discuss their problems with them;

• send communications home promptly;

• report to the Principal /Assistant Principal any student who jeopardizes his/her own safety, the safety of others or of the teacher, or who seriously interferes with the instructional program of the classroom;

• treat students in an ethical and responsible manner;

• help students to reach their potential;

• serve as a surrogate parent in matters of behavior and discipline in accordance with New York State School Law;

• explain and interpret the discipline code to students;

• enforce the code in all areas of the school

• demonstrate desirable standards of behavior through personal example;

• know the support services available to students and refer students who are in need of such services;

• comply with state educational law regarding corporal punishment and mandated reporting of suspected child abuse;

• in the event of removal from class, inform the student and the Principal/Assistant Principal of the reason for the removal;

• immediately report and refer violent students to the Principal/Assistant Principal or Superintendent of Schools.

As the educational leaders of the school, the Principal and his/her assistant(s) set the disciplinary climate for the school, not only for students, but for staff as well. Therefore, they must:

• seek to develop a sound and healthful atmosphere of mutual respect;

• evaluate the program of instruction in their school to achieve a meaningful educational program;

• help their staff self-evaluate their procedures and attitudes in relation to the interaction within their classrooms;

• develop procedures which reduce the likelihood of student misconduct;

• provide the opportunity for students and staff to approach the Principal/Assistant Principal directly for redress of grievances;

• work with students and staff to formulate school regulations;

• assist staff members to resolve problems which may occur;

• work closely with parents to establish a wholesome relationship between home and school;

• utilize all appropriate support staff and community agencies to help parents and students identify problems and seek solutions;

• establish necessary building security;

• assume responsibility for the dissemination and enforcement of the “Code of Conduct” and ensure that all discipline cases referred are resolved promptly;

• insure that students are provided with fair, reasonable, and consistent discipline;

• comply with pertinent state laws governing hearings, suspensions, and student rights;

• develop behavior guidelines and appeals procedures specific to each assigned school in harmony with this “Code of Conduct ”;

• demonstrate desirable standards of behavior through personal example.

As the educational leaders of the school system, the Superintendent of Schools and central administrators must:

• reinforce and extend the indicated responsibilities of the Principals/Assistant Principals and make them applicable to the school system for grades K-12;

• recommend to the Board of Education appropriate policy, regulations and actions to maximize conditions for positive learning;

• develop and implement an effective “Code of Conduct” supportable by students, parents, staff and community;

• demonstrate desirable standards of behavior through personal example;

• provide each teacher with a copy of the Code of Conduct.

As the elected officials in charge of our schools, the Board of Education:

• adopts the policies governing the District, including this Code of Conduct;

• ensures that the Code of Conduct contains clear behavioral expectations and disciplinary consequences for students, staff and visitors;

• ensures that the Code of Conduct is clearly communicated to students, parents, staff and the school community;

• ensures that the Code of Conduct is implemented and enforced in a consistent, reasonable, fair and equitable manner;

• annually reviews the Code of Conduct and updates it as necessary.

In an effort to maintain a safe and healthy educational environment, all visitors to the District must sign-in at the Main Office of the building visited.  Visitors are expected to comport themselves in a manner that does not disrupt the academic process and in accordance with the law and this Code of Conduct.

1. To School District Personnel

Students, teachers and other District personnel are encouraged to report any violation of the Code of Conduct to the Building Principal/Assistant Principal or, in his/her absence, the Acting Building Principal.

Teachers and other District personnel shall immediately report violent students to the Building Principal/Assistant Principal or Superintendent of Schools.

2. To Local Law Enforcement Agencies

The District will report any acts of violence against persons that constitute a felony or misdemeanor and other violations of the Code of Conduct which constitute a felony to the appropriate local law enforcement agency when the actor is over the age of 16.  When necessary, the District will file a complaint in criminal court against the actor.

3. To Human Services Agencies

The District will report any violations of the Code of Conduct which constitute a crime when the actor is under the age of 16, to the appropriate human services agencies.  When necessary, the District will file a juvenile delinquency petition or a person in need of supervision (PINS) petition in Family Court.

The Board of Education recognizes its responsibility to protect students from unlawful harassment, discrimination and bullying while on school property.  Students or staff who wish to report harassment, discrimination or bullying should contact the appropriate compliance officer.

The Dignity Act Coordinators are as follows:

The School District has determined that certain acts of misconduct interfere with instruction and/or the safety and welfare of students and staff.  Although some incidents of misconduct may require removal from the classroom or suspension from school, effort will be made to deal with misconduct without removal from the classroom or suspension from school.  This is in keeping with the District goal of avoiding consequences that interrupt or interfere with learning.  However, no child will be allowed to continue disrupting the instruction of the class or interfering with the safety of the school, its staff, students and visitors.

Teachers shall have the authority to remove a student from their classrooms whenever the student substantially disrupts the educational process or substantially interferes with the teacher’s authority over the classroom.  “Substantially disruptive” shall mean that the course of instruction has to be discontinued more than momentarily such that it breaks the continuity of the lesson, to address the disruptive conduct of the student. “Substantially interferes” with the teacher’s authority over the classroom shall mean that the student has been insubordinate to the teacher in the presence of the class and has failed to obey the teacher’s directives to cease and desist (e.g., at least two directives).

A teacher may remove a student for the remainder of the class upon the first event and for two days of class upon the second or third event.  Upon the occurrence of a fourth event, a Principal’s suspension shall occur.

Notwithstanding the above, in light of circumstances that warrant suspension, a Principal’s suspension for substantially disruptive behavior may be implemented in addition to or in lieu of removal of the student from the classroom by the teacher.

Once the teacher determines that the student has been substantially disruptive or substantially interferes with the teacher’s authority over the classroom:

• the teacher must confront the student in class (or within 24 hours of removal where the student is unmanageable at the time of initial removal) to inform the student of the reason(s) for the removal;

• prior to removal from the classroom (or within 24 hours of removal where the student presents an ongoing threat of disruption or a continuing danger at the time of removal), the teacher shall inform the student of the basis for the removal and allow the student to informally present his/her version of the relevant events;

• the Building Principal/Assistant Principal or designee must be notified immediately, in writing, by the teacher of the student’s removal from the teacher’s class; 

• the Building Principal/Assistant Principal or designee must inform the student’s parent of the removal and the reasons therefore within 24 hours of the student’s removal;

• upon request, the student and his/her parent must be given an opportunity for an informal conference with the Principal /Assistant Principal or designee to discuss the reasons for removal.  If the student denies the charge(s), the Principal /Assistant Principal or designee must provide an explanation of the basis for the removal and allow the student and/or his/her parent an opportunity to present the student’s version of the relevant events within 48 hours of the student’s removal;

• the Principal /Assistant Principal or designee may not set aside the removal unless s/he finds that the charges against the student are not supported by substantial evidence or the student’s removal otherwise violates law or the conduct warrants suspension from school and a suspension will be imposed;

• the Principal’s/Assistant Principal ‘s/designee’s determination on whether or not to support the teacher’s removal of the student shall be made by the close of business on the day succeeding the 48-hour period for the informal Principal’s/Assistant Principal’s removal conference.  The teacher who causes the removal may be required to attend the Principal’s/Assistant Principal’s conference at the Principal’s/Assistant Principal’s discretion.

               The District shall provide continued educational programming and activities for students who are removed from their classrooms.

               An appeal brought by the parent or student over the age of 18 of a Principal’s/Assistant Principal’s removal decision must be presented to the Superintendent of Schools or his/her designee prior to any further appeal.

The Board of Education, District Superintendent, Superintendent of Schools, a Building Principal or in his/her absence an acting Building Principal, may suspend a student from school where it is determined that the student:

• is insubordinate or disorderly, or exhibits conduct which endangers the safety, morals, health or welfare of others; or

• exhibits a physical or mental condition(s) which endangers the health, safety or morals of himself/herself or of other students; or

• is removed from a classroom for substantially disrupting the educational process or substantially interfering with the teacher’s authority in the classroom four or more times in one semester.

In addition to the statutory grounds for suspension from school for conduct or health condition, students shall also be subject to suspension based upon a violation of the specific disciplinary infractions listed below.

A. Pre-suspension Process

Prior to being suspended from school, the student shall be confronted by a school official empowered to suspend, as referenced above, at which time the evidence upon which the decision to suspend is based shall be stated to the student and the student shall be given the opportunity to explain his/her version of the facts. The student shall also be afforded the right to present other persons to the suspending authority in support of his/her version of the facts. If the student’s presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, such confrontation shall occur following suspension, as soon thereafter as is reasonably practicable.  There shall be no suspension until after the informal Principal’s conference, unless waived, as described in paragraph “C”, below or unless the student is dangerous or an ongoing threat of disruption to the academic process.

B. Short Term Suspension Process

Prior to a proposed suspension from school for between one and five days by a Building Principal or an acting Principal in the absence of the Building Principal, the student and his/her parent shall be notified, in writing, by personal delivery, express mail or overnight service.  They shall also be notified by telephone, if possible, within 24 hours of the decision to propose suspension or suspend.  Such written notice shall include a description of the incident(s) resulting in the suspension and shall inform the parent of their right to request an immediate informal conference with the Principal at which the student and/or his/her parent may present the student’s version of the event and ask questions of complaining witnesses.  Upon such request, an informal conference with the Principal and other parties involved shall be convened prior to the suspension. The right to an informal conference with the Principal shall also extend to a student if 18 years of age or older. The notice and informal conference shall be in the dominant language or mode of communication used by the parent.  If the student’s presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practicable.

C. The Long-term Suspension Process: Suspension for More than Five Days

Any suspension from school in excess of five school days shall be considered a long-term suspension.  Unless there is a written agreement between the person requesting the suspension and the parent, a long-term suspension may be done only after the Superintendent of Schools or the Board of Education has conducted a hearing.

When a student is subject to a long-term suspension, a hearing shall be conducted by the Superintendent if the Building Principal, acting Building Principal or the Superintendent has made the original suspension, or before the Board where that body has made the original suspension. The Superintendent of Schools or Board of Education  may designate a Hearing Officer to make findings of fact with respect to the charges of infractions under this code of conduct, as well as penalty recommendation pursuant to the penalty parameters described herein.

D. Alternative Instruction

Only students within the compulsory education ages (age six through the school year in which the student turns 16) are entitled to alternative, equivalent instruction following suspension.  

E. Appeals Process

If a parent/person in parental relation wishes to appeal the decision of the Building Principal to suspend a student from school, the parent/person in parental relation must appeal to the Superintendent prior to commencing an appeal to the Board of Education. Any appeal to the Superintendent must be commenced within ten (10) days from the date of the principal’s decision. To be timely, the appeal must be received by the District Office within this ten (10) day period. If a parent/person in parental relation wishes to appeal the decision of Superintendent to suspend a student from school, regardless of the length of the student's suspension, the parent/person in parental relation must appeal to the Board of Education prior to commencing an appeal to the Commissioner of Education. Any appeal to the Board must be commenced within ten (10) days from the date of the Superintendent’s decision. To be timely, the appeal must be received by the District Clerk within this ten (10) day period.

F. Off-Campus Misconduct

A student may be subject to discipline for conduct which is committed off of school premises or at non-school sponsored activities which the District reasonably anticipates could cause, or does cause, a substantial disruption to the educational process.

G. Dress Code 

The Saugerties Central School District has an obligation to help students make positive decisions that lead to success in life, including choosing appropriate dress for a variety of situations.  The District has therefore developed a standard of dress and appearance that  balances personal expression with providing a school environment that is safe and conducive to learning.

This dress code was developed collaboratively by a committee of teachers, administrators, students, and parents.  Students and parents have the primary responsibility for adhering to the student dress code. All adult members of the school community share responsibility for reinforcing and exemplifying acceptable student dress and appearance.

This standard of dress is to be followed during school hours and at school functions by all students.  The Principal/Assistant Principal and their designee shall exercise appropriate discretion in implementing this policy, on the basis of students’ religious beliefs or medical conditions, or the nature of special events (i.e. proms, field trips, special ceremonies, etc.).

Presenting a bodily appearance or wearing clothing which is disruptive, revealing, profane, vulgar, obscene, or which endangers the health and safety of others is prohibited.  The following are considered to be inappropriate dress and appearance and are prohibited in school and at school functions:

• Any dress or appearance that constitutes a threat or danger to the health and safety of students (e.g. heavy jewelry, heavy chains, or jewelry with spikes of sharp edges that can injure the student or others.)

• Any form or article of clothing designed primarily for outdoor use, while attending class or before/after school indoor activities (e.g. parkas, rain or trench coats, large jackets, gloves, mittens, sunglasses in the school building unless worn for medical reasons, etc.)

• Any form or article of clothing designed primarily for in-home use.

• Any clothing or appearance which allows sight of private parts, midriff, or undergarments.

• Any dress or appearance that encourages or advocates the use of illegal drugs, alcohol, and/or tobacco.

• Any dress or appearance that advocates or encourages illegal or violent crimes, or gang related activity and/or colors.

• Any dress or appearance that advocates discrimination, insults, is libelous or denigrates self or others based on race, color, weight, creed, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (identity or expression), or sex.

• Any dress or appearance that covers or hides an individual’s identity (e.g. non-medical related masks, hoods).

• Any dress or appearance with messages that encourage or advocate sexual activity.

• Any dress or appearance that constitutes a disruption to the educational process.

In addition to the above, the following guidelines apply:

• Students may wear hats provided that they allow full face and profile to be visible.  This is subject to the discretion of building administrators and individual teachers during classroom instruction.

• Appropriate footwear must be worn at all times to ensure personal safety and the safety of others.

• Students must be dressed in appropriate clothing and protective equipment as required for physical education classes, participation in athletics, science laboratories, family and consumer science, technology classes, and on playgrounds.

• If a student feels uncomfortable being addressed by a staff member regarding dress code issues, that student should request to meet with a different staff member.

Students who violate the dress code will be required to comply with teacher and/or administrator requests to cover or remove the offending item, and if practical, replace it with an acceptable item.  Any student who refuses may be subject to further disciplinary action due to insubordination. 

H. Computer and Internet Use

The following prohibited use of District-owned computer drives, network facilities and Internet links may give rise to disciplinary action against users of such equipment and/or facilities:

1. E-mail originating from the school premises or originating off school premises and received at the school premises that a student user creates that:

• is lewd, vulgar, obscene, indecent or inappropriate for student recipients of certain ages;

• conveys a threat of violence, including sexual violence, to a specific individual or individuals;

• constitutes a state and/or federal crime;

• is the cause of or a substantial contributing factor to a substantial interference with the orderly functioning of the school(s);

• attributes the text of e-mail to school officials or that the text is school endorsed, unless there is such official endorsement or consent from school officials;

2.           Internet use that circumvents access restrictions placed upon the District’s computer systems by the Board of Education or its administrative designee(s).

3. Computer and/or Internet use that is not school related or is unauthorized.

4.            Permitting the use of a student’s computer access code by any other person and such student shall assume responsibility for occurrences in violation of this code of conduct that occurs under the student’s access code number.

Electronic devices, including but not limited to cell phones, handheld video games, digital music and video devices, personal digital assistants, etc. (except those required for medical or educational access reasons), may not be used or displayed during the school day. For this purpose, the school day begins when a students enters the building in the morning and ends when the students leaves the building at the end of his/her academic day (including after school activity/extra-help period). If a student carries an electronic device for use outside the school day it is to be turned off and put away during school hours.

These devices are prohibited at all times in locker rooms, bathrooms, or any area where a student has a reasonable expectation of privacy.

If these rules are violated, the device will be confiscated and held until picked up by a parent or guardian.

Students may be suspended from transportation services for an infraction or infractions listed herein upon the conducting of an informal hearing by the Superintendent of Schools or his/her designee, at which time the student’s parent/guardian or other representative shall be allowed to confront the witnesses relied upon by the District in determining the appropriateness of such suspension of service. If such informal hearing is conducted before the Superintendent’s designee, the designee shall make a recommendation to the Superintendent as to the action to be taken.

A student may be suspended from participating in extra-curricular or co-curricular activities (including a sports team) for an infraction of any of the provisions herein, for violating a code of conduct issued to participants in the activity by the activity supervisor or for fighting at games. Upon the request of the student’s parent/guardian, the Building Principal/Assistant Principal shall allow the parent/guardian or other representative of the student the right to appear before him/her informally, to discuss the conduct which led to suspension from the activity.

If a student is suspended from school pursuant to §3214 of the Education Law, s/he shall not be permitted to participate in any extra-curricular or co-curricular activities, as well as any other school events or activities which take place on the days of suspension (including intervening weekends).

A Principal may suspend a student with an educational disability for a short-term (5 school days or less) in the same manner as non-disabled students may be suspended.  A Principal’s designation of an Interim Alternative Educational Setting must be made in consultation with the student’s special education teacher.

In the event that a student has been identified as having a disability or is presumed to have a disability in accordance with applicable law and regulations, the District will first proceed to conduct a §3214 disciplinary proceeding for any suspension of more than five days. The §3214 disciplinary proceeding will be held in two parts, first to determine the student’s guilt or innocence on the charges and the second to determine the penalty.

If guilt is determined, before a penalty may be imposed, the following rules shall apply:

Section 504/Title II ADA Disability

Before discipline may be meted out for a student with a disability or suspected disability founded solely under §504 of the Rehabilitation Act of 1973 (hereinafter §504)/Title II of the Americans with Disabilities Act (hereinafter the ADA), §504 multi-disciplinary committee (hereinafter the §504 Committee) must make a determination of whether the conduct underlying the charge(s) was a manifestation of the disability.

1. If a nexus is found between the disability and the conduct underlying the charges, the §3214 proceeding must be discontinued and the matter placed under the jurisdiction of the §504 Committee for any further consideration. The §504 Committee must register a referral and bring about an evaluation of a student with a suspected disability or, if the student is already eligible under §504, it must consider possible program modification and disposition on a non-disciplinary basis.

2. If no nexus is found, yet a disability is indicated or has been identified, discipline may be imposed upon remand to the §3214 Hearing Officer. Students whose sole disabilities are founded under §504 and for whom no nexus is found shall be disciplined in the same manner as their non-disabled peers.

Any penalty imposed may not be based on past behavior for which a nexus determination was not made.

The School District must continue to provide a free appropriate public education to students who have been suspended from school as required by the regulations implementing §504 (34 CFR §104 et. seq.) until the end of the school year in which the student reaches the age of 21.

IDEA Disability

Before discipline may be meted out for a student classified or deemed to be known as having a disability under the Individuals with Disabilities Education Act (hereinafter IDEA) [a student with an educational disability], the Committee on Special Education (hereinafter the CSE) must make a determination of whether the conduct underlying the charges was a manifestation of the disability:

1. If the conduct is found to be a manifestation between the disability and the conduct, the §3214 proceeding must be discontinued (except for weapons, drugs and dangerous behavior) and the matter placed under the jurisdiction of the CSE for any further consideration. The CSE must register a referral and bring about an evaluation in the case of a student who may be deemed to be known as having a disability or, if the student is already classified under IDEA, it must consider possible program modification and disposition on a non-disciplinary basis.

2. If the conduct is not a manifestation, discipline may be imposed upon remand to the §3214 Hearing Officer. The relevant disciplinary procedures applicable to children with disabilities may be applied in the same manner in which they would be applied to children without disabilities, as long as the child continues to receive a free appropriate public education during any such term of suspension.

3. Where no manifestation finding is made and no suspected disability is determined to exist, the matter shall be remanded to the §3214 Hearing Officer for a determination of penalty.

Any penalty imposed may not be based on past behavior for which a nexus determination was not made.

The School District must continue to provide a free appropriate public education to students who have been suspended from school.  The Superintendent’s determination of an Interim Alternative Educational Setting must be made in consultation with the student’s special education teacher.

Suspensions Beyond Ten (10) School Days

A student with a disability or suspected disability founded solely under §504/Title II of the ADA may not be suspended for more than 10 school days unless the §504 Committee has conducted a nexus determination and found that the behavior underlying the disciplinary charges was not a manifestation of the student’s disability.

A student classified or presumed to have a disability under IDEA may not be suspended for more than 10 school days unless:

1. The CSE  has made a determination that the student’s misconduct was not a manifestation of the student’s disability;

2. The School District obtains a court order authorizing the suspension;

3. The disciplinary charges involve the carrying of a weapon to school or a school function or the knowing possession, use or sale of illegal drugs at school or a school function;

4. The parent or student 18 years of age or older gives their consent, in writing.

In determining a disciplinary outcome, a §3214 Hearing Officer and/or decision making authority may not consider incidents in the past anecdotal record of a student with a disability under §504/Title II ADA and/or IDEA, or suspected of being a disability unless there has been a negative manifestation determination regarding such incident(s) by the §504 Team or CSE, respectively.

Suspensions for Misconduct Involving Weapons and/or Drugs

A student classified or presumed to have an educational disability under IDEA may be suspended and placed in an interim alternative educational setting for up to forty-five (45) calendar days (less if the discipline for a non-disabled student would be less), if the student carries a weapon to school or a school function, or knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance while at school or a school function.

1. In accordance with law, the term “weapon” means “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 that such term does not include a pocket knife with a blade of less than 2-1/2 inches in length.”

2. In accordance with law, the term “illegal drugs” means controlled substances but not those legally possessed or used under the supervision of a licensed health care professional or other permitted authority under the Federal Controlled Substances Act or under any other provision of Federal law. Controlled substances are drugs and other substances identified under schedules set forth in applicable Federal law provisions.

Before a student is suspended and placed in an interim alternative educational setting for up to 45 calendar days, as determined by the Superintendent of Schools via §3214(3) Education Law proceedings, for behavior involving weapons and/or drugs, the CSE must conduct a manifestation determination and a functional behavioral assessment, as well as implement a behavioral intervention plan that addresses the behavior underlying the disciplinary proceeding or review any such pre-existing plan for modification, if necessary.

1. Placement in an interim alternative educational setting as a result of conduct involving weapons and/or drugs is not contingent upon a CSE determination that the misconduct is not related to the student’s disability.

2. It is up to the CSE to determine what would constitute an interim alternative educational setting that would meet the requirements of the student’s IEP and enable the student to participate in the general curriculum (although in another setting).  Such decision shall be communicated to the Superintendent of Schools for the implementation of the discipline.

The exception allowed for the suspension/removal of students with educational disabilities for up to 45 calendar days for conduct involving weapons and/or drugs does not apply to students whose disabilities are founded solely upon §504/Title II ADA.

Such an interim alternative educational setting shall be deemed the student’s “stay put” placement during the pendency of any due process proceedings contesting the interim alternative educational setting for the duration of the interim placement.

Dangerous Students

To continue the suspension of a student classified or deemed to be known as having an educational disability under IDEA for more than 10 school days, the School District may initiate a hearing before a special education impartial hearing officer who can order the placement of the student in an interim alternative setting for up to 45 calendar days.

1. The CSE must conduct a manifestation determination within 10 school days of the initial disciplinary action. Placement in an interim alternative educational setting as a result of dangerous behavior is not contingent upon a CSE determination that the misconduct is not related to the student’s disability.

2. It is up to the CSE to determine what would constitute an interim alternative educational setting.

3. The hearing officer may grant such if maintaining the student in the current placement is substantially likely to result in injury to the student and/or others, and the School District has made reasonable efforts to minimize the risk of harm in the current placement. The hearing officer must also consider the appropriateness of the student’s current placement and whether the interim alternative educational setting meets all the requirements of the student’s IEP, including continued participation in the general curriculum (although in another setting) with an appropriate behavioral component.

Such an interim alternative educational setting shall be deemed the student’s “stay put” placement during the pendency of any due process proceedings contesting the interim alternative educational setting for the duration of the interim placement.

Declassified Students

In accordance with law, the CSE must conduct a manifestation determination in the case of a student with an educational disability who has been declassified if the disciplinary matter involves behavioral problems.

M. Disciplinary Measures

The Saugerties Central School District is committed to creating and maintaining an environment that is safe and conducive to learning. Discipline is enforced to provide for the orderly operation of the school. The goal of the following measures is to support student success by increasing prosocial behaviors while reducing problematic behaviors in an attempt to build safe school communities that promote well-being. There is an added emphasis on reparation of harm and reconciliation through the support of restorative practices. Utilizing an approach that aims to repair harm and strengthen relationships results in student’s abilities to develop relational and personal skills that include empathy, assertiveness, and self-efficacy.  While the SCSD will incorporate restorative practices when considering student behavior and discipline, traditional punitive measures may still be required depending on the severity of the behavior. Progressive discipline, or the increase in the severity of consequences given for repeated or more serious misconduct, will be implemented to protect the rights of students while also protecting the learning environment from violence and disruption. Due to confidentiality, parents will only be informed of their child’s behavior, not the behavior or consequences of other students. Parents are only entitled to information regarding their own child. As with any student records, the school district is not able to discuss consequences or results of other students involved. In addition, consequences and infractions may be different from one student to another due to the progressive nature of the system. 

For any infraction of the Student Code of Conduct, appropriate disciplinary actions can be taken, which may deviate from the provided list at the discretion of the administrator. 

The following shall constitute appropriate disciplinary measures authorized by this Student Code of Conduct: 

Tier 1 Teacher and/or Student Support Team Response 

• Oral/Verbal Warning 
• Written Warning (such as parent contact/email/note)
• Parent/Guardian Contact by teacher/support staff 
• Restorative Conversation
• Mediation 
• Written Referral 
• Parent teacher conference 
• Conflict resolution with behavior reflection 
• Teacher assigned after school detention 
• Teacher assigned lunch detention 

Tier 2 School Building Administration Response  

• Written Referral 
• Parent/Guardian contact by administration 
• Principal assigned after school detention 
• Principal assigned lunch detention 
• Confiscation of electronics 
• Suspension from transportation 
• Suspension from athletic participation 
• Suspension from social or extracurricular activities 
• Suspension or revocation of student’s access to district computers or internet connections 
• In-School Suspension 
• Removal from classroom 
• Short-term suspension from school: 5 days or less 
• Skill building alternatives to suspension 
• Referral to substance abuse prevention support
• Referral to outside community organizations
• Mediation 

Tier 3 School District Administration Response  

• Long-term suspension from school: More than 5 days 
• Placement in an interim alternative educational setting for a period of 45 days 
• Permanent suspension from school (expulsion) 
• Referral to outside community organizations

N. Infractions with Penalty References 

No student shall engage in conduct that is disorderly, insubordinate, disruptive, violent, or endangers the safety, morals, health, or welfare of others. No student shall engage in any form of academic misconduct. The following are considered infractions to the Student Code of Conduct.

The Board of Education recognizes that the primary purpose of the School District is to provide a superior atmosphere for learning and education.  Any action by an individual or group(s) aimed at disrupting, interfering with or delaying the education process or having such effect, is prohibited.  The Board also recognizes its responsibility to protect school property and declares its intent to take any and all legal action to prevent its damage or destruction.  The Board will also seek restitution from, and prosecution of, any person or persons who willfully damage school property.

These rules govern the conduct of students, parents, faculty and other staff, other visitors, licensees, invitees, and all other persons, whether or not their presence is authorized, upon district property, and also upon or with respect to any other premises or property (including school buses) under the control of the District and used in its instructional programs, administrative, cultural, recreational, athletic, and other programs and activities, whether or not conducted on school premises.

No person, either singly or in concert with others, shall:

• willfully cause physical injury to any other person, or threaten to do so, for the purpose of compelling or inducing such other person to refrain from any act which s/he has a lawful right to do, or to do any act which s/he has a lawful right not to do;

• intimidate, harass, bully or discriminate against any person on the basis of race, color, weight, creed, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (identity or expression), or sex;

• physically restrain or detain any other person, or remove such person from any place where s/he is authorized to remain;

• willfully damage or destroy property of the District or under its jurisdiction, or remove or use such property without authorization;

• without permission, expressed or implied, enter into any private office of an administrative officer, member of the faculty or staff member;

• enter upon and remain in any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others;

• without authorization, remain in any building or facility after it is normally closed;

• refuse to leave any building or facility after being required to do so by an authorized administrative officer, member of the faculty or staff member, or member of the Board of Education;

• obstruct the free movement of persons and vehicles in any place to which these rules apply;

• deliberately disrupt or prevent the peaceful and orderly conduct of classes, lectures and meetings or deliberately interfere with the freedom of any person to express his/her views, including invited speakers;

•  have in his/her possession upon any premises to which these rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon without written authorization of the chief administrative officer, whether or not licensed to possess the same has been issued to such person; and/or

• willfully incite others to commit any of the acts herein prohibited with specific intent to procure them to do so.

A person who shall violate any of the provisions of these rules shall be subject to the following penalties and procedures:

• If a licensee or invitee, his/her authorization to remain upon the grounds or other property shall be withdrawn and s/he shall be directed to leave the premises.  In the event of failure to do so, s/he shall be subject to ejection.

• If trespasser or visitor without specific license or invitation, s/he shall be subject to ejection and/or arrest.

• If s/he is a student, s/he shall be subject to disciplinary action as the facts of the case may warrant, as prescribed by §3214 of the Education Law and the Student Code of Conduct.

• If a faculty member, s/he shall be subject to disciplinary action as prescribed by and in accordance with procedures of the Education Law and the collectively negotiated agreement.

• If a staff member in the classified service of the civil service, described in §75 of the Civil Service Law, s/he shall be guilty of misconduct and subject to the penalties and procedures prescribed in said section or that in a collectively negotiated agreement and be subject to ejection.

• If a staff member other than one described above, s/he shall be subject to discipline in accordance with law and any applicable collectively negotiated agreement.

The Superintendent of Schools shall be responsible for the enforcement of these rules, and s/he shall designate the other personnel who are authorized to take action in accordance with such rules when required or appropriate to carry them into effect.

In the case of any apparent violation of these rules by such persons, which, in the judgment of the Superintendent or his/her designee, does not pose any immediate threat of injury to person or property, such officer may make reasonable effort to learn the cause of the conduct in question and to persuade those engaged therein to desist and to resort to permissible methods for resolution of any issues which may be presented.  In doing so such officer shall warn such persons of the consequences or persistence in the prohibited conduct, including their ejection from any district properties where their continued presence and conduct is in violation of these rules.

In any case where violation of these rules does not cease after such warning and in other cases of willful violation of such rules, the Superintendent or his/her designee shall cause the ejection of the violator from any premises which s/he occupies in such violation and shall initiate disciplinary action hereinbefore provided.

The Superintendent or his/her designee may apply to the public authorities for any aid which s/he deems necessary in causing the ejection of any violator of these rules and s/he may request the Board’s Counsel to apply to any court of appropriate jurisdiction for any injunction to restrain the violation or threatened violation of such rules.

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