2023-24 HCSD Code of Conduct

Approved 8/30/23

Introduction

The Harrison Central School District believes the most important endeavor of a community is the commitment of parents, community members, and educators to ensure an enriching and empowering education for all of its children. Our learning community is committed to a mission of equity, access, rigor, and adaptability. These core values inform every aspect of our school district’s work.  In support of these core values, the District is dedicated to providing a safe and orderly school environment that celebrates and protects the diversity that is represented in our community and actively promotes the values of dignity, understanding, and respect for others to create a sense of unity and belonging.  The Board of Education believes that these values and the establishment of order, discipline, and standards of acceptable conduct are a shared responsibility across school, home and the community.  Responsible behavior by students, teachers, other district personnel, parents and visitors is essential to promoting these values and ensuring a school culture where students feel welcome and safe as they fulfill their personal and academic potential.

The District has a long-standing set of expectations for conduct on school property and at school functions.  These expectations are based on the principles of civility, mutual respect for diversity, cultural understanding, citizenship, character, honesty and integrity.  Students, staff, parents, community members, and visitors are expected to uphold these standards to promote and ensure a safe and orderly school community where students can flourish and fulfill their potential.

The Board acknowledges the need to clearly define expectations for acceptable conduct, 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.

Unless otherwise indicated, this Code applies to all students, school personnel, parents and other visitors or contractors when on school property or attending a school function or a school-related or school-sponsored activity, whether on or off of school property, including when students are learning or participating in school activities remotely or participating in virtual classes. The Code also applies to off-campus conduct that may endanger the health or safety of students within the educational system or adversely affect the educational process.

Definitions 

For purposes of this Code of Conduct, the following definitions apply.

“Collusion” means supporting academic misconduct by another student, as in allowing one’s work to be copied or submitted for assessment by another student.  

“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 §11[4] and Executive Law §292[21]).

“Discrimination” means the act of denying rights, benefits, justice, equitable treatment or access to facilities available to others, to an individual or group of people because of the group, class or category to which that person belongs.  This includes but is not limited to discrimination based on race, color, creed, religion, national origin, political affiliation, sex, sexual orientation, gender, 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.

“Disruptive student” means a 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 or a school activity.

“Duplication of work” means copying assignments completed by another student or copying answers provided by another student on an assessment. It includes the presentation of the same work for different assessment components or submitting work completed for previous courses or assignments. 

“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 IX 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 §§11[4] and 1125[3]).

“Gender” means actual or perceived sex and includes a person’s gender identity or expression (Education Law §11[6]).

“Harassment” means the creation of a hostile environment by conduct or by threats, intimidation or abuse that (a) 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 well-being; (b) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; (c) causes or would reasonably be expected to cause physical injury or emotional harm to a student; or (d) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property.

“Parent” means parent, guardian or person in parental relation to a student.

“Plagiarism” means the representation, intentionally or unwittingly, of the ideas, words or work of another person without proper, clear and explicit acknowledgment.

“Removal” means the act of a teacher in discontinuing the presence of the student in his/her classroom for being disruptive or interfering with the teacher’s authority over the class (in-person or virtual).

“School Bus” means every motor vehicle owned by a public or governmental agency or private school 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 §11[1] and Vehicle and Traffic Law §142).

“School function” means any school-sponsored activity during or after school.  This also includes school sponsored activities taking place off school property (i.e., when students are learning or participating in school activities remotely or participating in virtual classes, field trips, athletic events, etc.).   

“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 school, or in or on a school bus, as defined in Vehicle and Traffic Law §142.

“Sexual Orientation” means actual or perceived heterosexuality, homosexuality, or bisexuality (Education Law §11[5]).

“Suspension” means the act of a building principal (or acting building principal), Superintendent or Board of Education in discontinuing the presence of a student from his/her regular classes (in-person or virtual). 

“Unfair Practice” means any other behavior that gives an unfair advantage to a student or that affects the results of another student.  

“Violent student” means a student under the age of 21 who: (a) commits or attempts to commit an act of violence upon another student, employee, or any other person on school property or at a school function; or (b) possesses, displays, attempts to display, or threatens others with a weapon or what appears to be a weapon; or (c) knowingly and intentionally damages or destroys the personal property of any school employee or any person on school property or at a school function; or (d) knowingly and intentionally damages or destroys school district property.

“Weapon” means a firearm as defined in 18 USC S921 for purposes of the Gun-Free Schools Act.  It also includes, but is not limited to, any other gun, BB gun, pistol, revolver, shotgun, rifle, air gun, machine gun, disguised gun, dagger, dirk, razor, stiletto, switchblade, knife, gravity knife, brass knuckles, slingshot, metal knuckles knife, box cutter, can sword, electronic dart gun, martial arts implement, electronic stun gun, stick, pepper spray or any other noxious spray, explosive or incendiary bomb, or any other device, instrument, material or substance that can cause physical injury or death when used to cause physical injury or death.

Student Rights & Responsibilities

Student Rights

Each school is committed to safeguarding the rights given to all students under state and federal law.  Consistent with the District’s mission of providing an education committed to access and equity for all students, each student has the right to be an active learner in a safe learning environment.  No student has the right to harass, threaten or intimidate another student.  No student has the right to interfere with the education of his/her fellow students or with the proper environment necessary to obtain it.  In addition, to promote a safe, healthy, orderly and civil school environment, all students have the right to:

1. Participate in school activities on an equal basis, subject to necessary restrictions based on health and safety, regardless of race, color, creed, religion, national origin, political affiliation, sex, sexual orientation, gender, age, marital status, military status, veteran status, disability, use of a recognized guide dog, hearing dog or service dog.

2. Present their version of the relevant events to school personnel authorized to impose a disciplinary consequence in connection with the imposition of the consequence.

3. Access school rules and, when necessary, receive an explanation of those rules from school personnel.

4. Be provided with clear, age-appropriate expectations regarding course objectives, requirements and state standards; grading criteria and procedures; assignment requirements and deadlines; and classroom rules and expectations regarding behavior. 

Student Responsibilities

All students have the responsibility to:

1. Contribute to maintaining a safe and orderly school environment that is conducive to learning and to show respect to other persons and to property.
2. Respect the diversity that is represented in our community and actively promote the values of dignity, understanding, and respect for others to create a sense of unity and belonging.
3. Be familiar with and abide by all district policies, rules and regulations related to student conduct.
4. Attend school every day (on-site learning or learning from home as scheduled) unless they are legally excused and to be in class (in-person or virtual), on time, and prepared to learn.
5. Adhere to appropriate and reasonable standards of online etiquette.
6. Work to the best of their ability in all academic, artistic and extracurricular pursuits and strive toward their highest level of achievement possible.
7. Exercise academic honesty in all aspects of their school work and take responsibility for completing their own work.
8. Understand what constitutes plagiarism, collusion, duplicating work, and unfair advantage.
9. Properly credit the work of others using appropriate citations.
10. Understand that the purpose of assessment is to demonstrate their own progress.
11. Avoid taking part in conversations or practices that would provide themselves or others with an unfair academic advantage.
12. Follow directions given by teachers, administrators and other school personnel in a respectful, positive manner.
13. Ask questions when they do not understand or are unclear about what is expected of them.
14. Seek help in solving problems that might lead to discipline steps being imposed by a teacher or administrator.
15. Dress appropriately for school and school functions (in-person or virtual). (See Student Dress Code)
16. Accept responsibility for their actions.
17. Conduct themselves as representatives of the Harrison Central School District when participating in or attending school-sponsored field trips, extracurricular events and to hold themselves to the highest standards of conduct, demeanor, and sportsmanship and conduct themselves appropriately off school grounds, particularly when their conduct has the potential to endanger the health or safety of pupils within the educational system or adversely affect the educative process. 

Essential Partners

Communication is essential for a successful partnership between home and school, and proactive communication is encouraged to foster this positive school-home partnership.  Various stakeholders play critical roles in this partnership.

Parents

All parents are expected to be active partners in their child’s education.  Parents should:

1. Contact their child’s teachers if they have class-related concerns, if assignments are not arriving at home or if their child is doing poorly or failing.

2. Assist their child in making appropriate decisions and allow students to accept responsibility for their actions.

3. Model respect for the diversity that is represented in our community and help students to actively promote the values of dignity, understanding, and respect for others to create a sense of unity and belonging.

4. Reinforce  the standards of academic honesty outlined in this Code of Conduct.

5. Encourage their children to exercise academic honesty in all aspects of their  work.

6. Encourage their children to actively participate in a culture of academic honesty in school.

7. Ensure that children will comply with a local, state or federal health and safety directives or regulations, including but not limited to wearing a face mask, social distancing, completing required health screenings, obtaining required vaccinations, etc. 

8. Understand the class, homework and grading procedures of each teacher.

9. Inform school officials of changes in the home situation that may affect student conduct or performance.

10. Provide a place for study and ensure homework assignments are completed.

11. Arrange a daily quiet time and study area including proper lighting and appropriate reference materials, such as dictionary, almanac, atlas, etc.

12. Contact the school if family-related issues might interfere with academic progress.

13. Notify school officials of concerns in a respectful and timely manner.

14. Send their children to school ready to participate and learn (in-person and virtual).

15. Ensure their child attends school every day and arrives on time (in-person and virtual).  New York State Law requires that students attend school daily.  Examples of lawful excuses: sickness or remedial health treatment; sickness or death in the family; religious observance; quarantine; required appearance in court; impassable roads or unsafe travel conditions as determined by the District.  

16. Insist their children be dressed and groomed in a manner consistent with the Student Dress Code. (See Student Dress Code)

17. Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly environment.

18. Know school rules and help their children understand them.

19. Convey to their children a supportive attitude toward education and the District.

20. Build good relationships with teachers, other parents and their children's friends.

21. Work with the faculty and staff to help their children deal effectively with peer pressure.

Teachers

All teachers are expected to serve as role models for the students and as such are expected to exemplify and consistently enforce high standards of respect and responsibility.  As active professionals, teachers will:

1. Model and teach respect for the diversity that is represented in our community and help students and staff to actively promote the values of dignity, understanding, and respect for others to create a sense of unity and belonging.

2. Know school procedures and rules, and enforce the procedures and rules in a fair and consistent manner.

3. Provide students and parents with clear, age-appropriate expectations regarding course objectives, requirements and state standards; grading criteria and procedures; assignment requirements and deadlines; and classroom rules and expectations regarding behavior. 

4. Explain what academic honesty means in specific terms and educate students regarding the expectations for employing academically honest practices in all facets of their course.

5. Educate students on the differences between collaboration and collusion as it relates to academic honesty.

6. Educate students on the meaning of intellectual property as well as how to properly credit another’s work through paraphrasing, summarizing, quoting, and citation.

7. Model positive academic practice and be vigilant in addressing violations of academic honesty in a timely manner.

8. Communicate regularly with students, parents and other teachers concerning growth and achievement.

9. Present appropriate learning opportunities so that knowledge is accessible to every student.

10. Establish a routine for assigning homework and for fostering student responsibility and independence.

11. Check and return class work and homework to students in a timely fashion.

12. Make sure students are aware of the weight of class work, tests, evaluations and homework in grading.

13. Inform parents using the progress report, report card, by phone and/or by email.  Contact parents when a significant change in academic performance or behavior occurs.

14. Comply with state law and regulations regarding corporal punishment, and mandated reporting of child abuse, in both a domestic setting and an educational setting.

15. Maintain student confidentiality in accordance with federal and state laws and regulations.

Guidance Counselors, Social Workers, & Psychologists

1. Model and teach respect for the diversity that is represented in our community and help students and staff to actively promote the values of dignity, understanding, and respect for others to create a sense of unity and belonging.

2. Reinforce  the standards of academic honesty outlined in this Code of Conduct.

3. Assist students in coping with peer pressure and emerging personal, social and emotional problems.

4. Initiate teacher/student/counselor conferences and parent/teacher/student/counselor conferences as necessary, as a way to resolve problems.

5. Regularly review educational progress and career plans with students.

6. Encourage students to participate in and benefit from the curriculum and extracurricular programs.

7. Comply with state law and regulations regarding corporal punishment, and mandated reporting of child abuse, in both a domestic setting and an educational setting.

8. Maintain student confidentiality in accordance with federal and state laws and regulations.

Response to Intervention Team

The Response to Intervention (RTI) Team is present in each school in the District and plays an important part in identifying and addressing students’ behavioral and academic needs.  The RTI team may consist of the Principal, Assistant Principal, Psychologist, Guidance Counselor, Social Worker, Speech and Language Teacher, and Classroom Teachers and works to: 

1. Evaluate each case brought before it and make recommendations to try to address the student’s needs.

2. Assess the effectiveness of the interventions attempted.

3. Refer the student to the Committee on Special Education if steps prove unsuccessful or should the team suspect that the student might have a disability.

Principal/Administrative Team

1. Promote a safe, orderly and stimulating school environment, supporting active teaching and learning.

2. Model and teach respect for the diversity that is represented in our community and help students and staff to actively promote the values of dignity, understanding, and respect for others to create a sense of unity and belonging.

3. Ensure that students and staff have the opportunity to communicate regularly with administrators about expectations for student conduct, including a means of reporting violations of the Code of Conduct.

4. Support the development of and student participation in appropriate extracurricular activities.

5. Be responsible for enforcing the Code of Conduct and ensuring that all cases are resolved promptly and fairly.

6. Maintain standards of fairness, integrity and consistency of academic honesty.

7. Provide guidance for faculty and students in instances of academic misconduct and take proper action.

8. Keep records of academic misconduct to ensure consistency and also highlight trends.

9. Communicate with families and students regarding consequences of academic misconduct.

10. Model and reinforce expectations for positive academic practice.

11. Comply with state law and regulations regarding corporal punishment, and mandated reporting of child abuse, in both a domestic setting and an educational setting.

12. Maintain student confidentiality in accordance with federal and state laws and regulations.

Dignity Act Coordinators

In compliance with the Dignity for All Students Act (DASA), a Dignity Act Coordinator for each school shall be appointed by the Board of Education annually.  The Dignity Act Coordinator for each school shall:

1. Ensure compliance with the requirements of the DASA policy.
2. Model and teach respect for the diversity that is represented in our community and help students to actively promote the values of dignity, understanding, and respect for others to create a sense of unity and belonging.
3. Investigate and take appropriate action in response to complaints or allegations related to the bullying and/or harassment of students that has a nexus to school.
4. Prepare information to report incidents of bullying and/or harassment, in compliance with the requirements and procedures set forth by the New York State Education Department.

The following individuals are appointed to serve as the Dignity Act Coordinators for each school:

Name	Title	School	Telephone
Kimberly Beukema	Principal	Harrison High School	630-3190
Maria Pace	Assistant Principal	Harrison High School	630-3120
Larry Mastrota	Assistant Principal	Harrison High School	630-3119
Scott Fried	Principal	Louis M. Klein Middle School	630-3031
Jennifer Cipolla	Assistant Principal	Louis M. Klein Middle School	630-3034
Scott Spector	Assistant Principal	Louis M. Klein Middle School	630-3039
Valerie Hymes	Principal	Harrison Avenue Elementary School	630-3190
Jennifer Spagnola	Assistant Principal	Harrison Avenue Elementary School	630-3203
Mark Woodard	Principal	Parsons Memorial Elementary School	630-3220
Stephanie Goldman	Assistant Principal	Parsons Memorial Elementary School	630-3242
Dennis Kortright	Principal	Samuel J. Preston Elementary School	630-3150
Adam Gutterman	Principal	Purchase School	630-3170

 

Superintendent

As the chief administrator of the Harrison School District, the Superintendent assumes a leadership role and will:

1. Promote a safe, orderly and school environment, supporting active teaching and learning.

2. Model and teach respect for the diversity that is represented in our community and help students and staff to actively promote the values of dignity, understanding, and respect for others to create a sense of unity and belonging.

3. Model and reinforce expectations for positive academic practice.

4. Review with administrators the policies of the Board of Education and state and federal laws relating to school operations and management.

5. Inform the Board of Education of educational trends relating to student discipline.

6. Work to create instructional programs that minimize problems of misconduct and are sensitive to student and teacher needs.

7. Work with administrators in enforcing the Code of Conduct and ensuring that all cases are resolved promptly and fairly.

8. Comply with state law and regulations regarding corporal punishment, and mandated reporting of child abuse, in both a domestic setting and an educational setting.

9. Maintain student confidentiality in accordance with federal and state laws and regulations.

Student Dress Code 

All students are expected to give proper attention to personal cleanliness and to dress appropriately for school and school functions (in-person and virtual). Students and their parents have primary responsibility for acceptable student dress and appearance. Teachers and other district personnel should exemplify acceptable student dress and help students develop an understanding of appropriate appearance in the school setting.  

A student’s dress, including but not limited to grooming and appearance, hair style/color, jewelry, make-up, nails or other accessories, shall:

1. Be safe, appropriate and not disrupt or interfere with the educational process;
2. Recognize that extremely brief garments which expose the midriff and underwear and garments such as tube tops, net tops, midriff tops, halter tops, spandex, spaghetti straps, plunging necklines, hip-huggers, cut-off shorts, mesh shirts, tank tops, short-shorts are not appropriate.
3. Ensure that underwear is completely covered by outer clothing;
4. Include footwear at all times. Footwear that is a safety hazard is not allowed.
5. Only include the wearing of hats in the classroom if permitted by the Principal and/or the classroom teacher, provided that the wearing of hats does not distract from the learning process. 
6. Not include items that are vulgar, obscene, and libelous or denigrate others based on race, color, creed, religion, national origin, political affiliation, sex, sexual orientation, gender, age, marital status, military status, veteran status, disability, use of a recognized guide dog, hearing dog or service dog.
7. Not promote and/or endorse the use of alcohol, tobacco, e-cigarettes, smoking, or illegal drugs and/or encourage other illegal or violent activities.
8. Avoid promoting gangs, gang paraphernalia or gang-related dress.

These examples are for illustrative purposes only, and the Principal or his/her designee shall have the authority to determine what constitutes clothing that is appropriate for school.

Each building principal or his designee shall be responsible for informing all students and their parents of the student dress code at the beginning of the school year and any revisions to the dress code made during the school year. 

Any student coming to school with inappropriate attire will be asked to cover up or modify the offending item or change at school providing they have something appropriate to change into, or the parent will be called to bring a change of clothing. Any student who refuses to do so shall be subject to discipline, up to and including in-school or out-of –school suspension.  Any student who repeatedly fails to comply with the dress code shall be subject to further discipline, up to and including out-of-school suspension. 

Nothing in this provision will be construed to limit the ability of students to wear clothing that allows them to express their gender identity within the limits of the dress code.

Prohibited Student Conduct

The Harrison Board of Education expects all students to conduct themselves in an appropriate and civil manner, with proper regard for the rights and welfare of other students, district personnel and other members of the school community, and for the care of school facilities and equipment.

The members of each school community are expected to consistently and fairly reinforce expectations for acceptable conduct and model the standards of acceptable conduct for students.  This includes but is not limited to modeling respect for the diversity that is represented in our community and helping students to actively promote the values of dignity, understanding, and respect for others to create a sense of unity and belonging.

Students are expected to assume and accept responsibility for their own behavior, as well as the consequences of their misbehavior.  School personnel who interact with students are expected to use disciplinary action only when necessary and to support a students’ ability to grow in modeling self-discipline.

The Board of Education 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 do not accept responsibility for their own behavior and who violate these school rules will be required to accept the penalties for their conduct. 

Off-Campus Misconduct

A student may be subject to discipline for conduct constituting a crime which is committed off of school premises or at non-school sponsored activities to the extent that the Superintendent of Schools or Board of Education reasonably believes that the continued attendance of the student in school would adversely affect the educational process (e.g., disrupts the operation of the school) or constitutes an endangerment to the health, safety, welfare or morals of the student and/or others in our schools.

A student may be subject to discipline for off-campus misconduct that does not involve criminality, but that the Superintendent of Schools or Board of Education reasonably believes violates this Code of Conduct and has a nexus to the educative process (e.g., student-student, student-personnel, interactions that foreseeably would have a detrimental or disruptive effect upon school programs or activities, whether in-person or virtual).

A student may be subject to discipline for cyberbullying that occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property.

A student may be subject to corrective action or academic consequences or disciplinary consequences when the student:

A. Engages in conduct that discriminates, bullies, and/or harrasses others, including but not limited to:

1. Discrimination, which includes but is not limited to discrimination based on race, color, creed, religion, national origin, political affiliation, sex, sexual orientation, gender, 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.

2. Bullying, which means systematically and intentionally inflicting physical hurt or psychological distress on one or more students or employees.

3. Cyberbullying, which means harassment or bullying that occurs through any form of electronic communication that has a nexus to the school. 

4. Harassment, which includes a sufficiently severe action or a persistent, pervasive pattern of actions or statements directed at an identifiable individual or group, which are intended to be or which a reasonable person would perceive as ridiculing or demeaning.

B. Engages in any form of academic misconduct that results in, or may result in, the student or any other student gaining an unfair advantage on an assignment, class work or assessment, including but not limited to:

1. Plagiarism, which is defined as the representation, intentionally or unwittingly, of the ideas, words or work of another person without proper, clear and explicit acknowledgment. Other examples include but are not limited to:

1. Any representation of others’ work as your own
2. Work that is not cited and appropriately referenced in submissions
3.  Copying information from a book or a website
4. Intentional misuse of quotation marks, paraphrasing, and in-text citations that makes authorship unclear
5. Failure to identify source of elements of nonverbal work (ie. painting, dance, photo, proof, musical composition, etc) from which you’ve derived your work
6. Using online language translators unless explicitly allowed 

2. Collusion, which is defined as supporting academic misconduct by another student, as in allowing one’s work to be copied or submitted for assessment by another student.  Other examples include but are not limited to:

1. Helping someone else cheat both deliberately and through support
2. Allowing your work to be copied and/or submitted by another student
3. Representing significantly unequal work as an equal collaboration
4. Writing a paper or doing homework for another student, either at the time or by sharing completed work with students who take a course in the future
5. Sharing information about assessment content and questions with other students 

3. Duplication of work, which is defined as copying assignments completed by another student or copying answers provided by another student on an assessment. It includes the presentation of the same work for different assessment components or submitting work completed for previous courses or assignments. 

4. Unfair Practice, which is defined as any other behavior that gives an unfair advantage to a student or that affects the results of another student.  Other examples include but are not limited to:

1. Sharing passwords, using unauthorized material
2. Disclosing information about assessments
3. Falsifying data and records
4. Altering grades
5. Misconduct during testing times
6.  Purposefully absenting oneself from assessments 

5. Assisting another student in any of the above actions.

C. Engages in conduct which is disorderly or disruptive, including but not limited to:

1. Failing to comply with a local, state or federal health and safety directives or regulations, including but not limited to wearing a face mask, social distancing, etc. 

2. Lateness for, missing or leaving school or class or homeroom without permission or excuse (in-person or virtual).

3. Engaging in any willful act that disrupts the normal operation of the school community.

4. Any violation of appropriate and reasonable standards of online etiquette.

5. Fighting or threatening behavior.

6. Violating Regents Rule 19.6 and Article 9-A of the General Municipal Law by engaging in any form of gambling, betting, or wagering, or on school grounds.

7. Discharging a fire extinguisher or falsely setting off a fire alarm.

8. Trespassing. Students are not permitted in any school building, other than the one they regularly attend, without permission from the designated authority in the school office.

9. Making unreasonable noise and/or causing a disruption to the educational process.

10. Using abusive, obscene, profane, indecent or lewd language or gestures.

11. Disturbing any lawful assembly or meeting of persons.

12. Obstructing vehicular or pedestrian traffic.

13. Creating a hazardous or physically offensive condition by any act that serves no legitimate purpose.

14. Defacing school property.

15. Running in the hallways.

16. Computer/electronic communications misuse, including any unauthorized use of personal electronic equipment and computers, software, or Internet/Intranet account; accessing inappropriate websites; or any other violation of the District’s acceptable use policy.

17. Using cell phones and/or cameras that disrupt the educational process or otherwise compromise the privacy or rights of other students or staff (in-person or virtual) (Note: Taking photographs on school grounds, during school hours, using a video camera, digital camera, cell phone, or any other photographic device, without a valid school purpose, is prohibited. Prior to taking photographs for any other reason, or using any of the above methods, consent shall be obtained from the building principal or his/her designee).

18. Violating cafeteria behavioral expectations. Food is to be eaten only in the cafeteria or designated areas. Students are expected to sit on chairs or benches and not to have their feet on the tables. There is to be no throwing or misuse of food.

19. Violating traffic regulations on school property.

D. Engage in conduct that is insubordinate, including but not limited to:

1. Failing to comply with the reasonable directions of teachers, school administrators, or other school employees in charge of students, or otherwise demonstrating disrespect.

2. Lateness, missing or leaving school or class or homeroom without permission or excuse.

3. Skipping detention.

4. Lying to school personnel.

E. Endangers the safety, morals, health or welfare of self and/or others by any act, including but not limited to:

1. Lying or committing forgery.

2. 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.

3. Hazing, which includes any intentional or reckless act directed against another for the purpose of initiation into, affiliating with or maintaining membership in any activity, organization, club, or team.

4. Selling, using, or possessing obscene material.

5. Using vulgar or abusive gestures and/or language, which includes but is not limited to cursing or swearing.

6. Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner.

7. Stealing or participating in the theft of money or material from other students, school personnel or other person lawfully on school property or attending a school function including the knowledgeable receipt of stolen goods.

8. Smoking in any form on campus, including within 100 feet of the entrances, exits or outdoor areas of any school. 

9. Using, possessing, selling, buying, offering, distributing, soliciting, or exchanging cigarettes, cigars, pipes, smokeless tobacco or other similar inappropriate substances, whether or not specifically illegal.  

10. Using, possessing, selling, buying, offering, distributing, soliciting, or exchanging e-cigarettes, vapes, hookah sticks, shisha, vaporizers or similar vaping equipment and/or products such as cartridges, pods, or other storage mechanisms, whether or not specifically illegal. 

11. Possessing, consuming/using, selling, buying, distributing, and/or exchanging alcoholic beverages or illegal substances, possession of drug paraphernalia or being under the influence of either alcoholic beverages and/or illegal substances. “Illegal substances” include, but are not limited to, inhalants, cannabis (marijuana), synthetic cannabinoids, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, any substances commonly referred to as “designer drugs.”

12. Inappropriately possessing, using, selling, buying, distributing, exchanging or sharing prescription and over-the-counter drugs.

13. Initiating a warning of fire or other catastrophe without a valid reason, including causing a false fire alarm or reporting a false bomb scare, misuse of 911, or discharging a fire extinguisher.

14. Vandalizing, willfully damaging or destroying or attempting to cause damage to school or personal property, or willfully removing or using public or private property without authorization.

15. Misbehaving on school buses and vans by, for example, physically harming other students or the driver, damaging property, refusing to obey the driver, or causing persistent disruption.

16. Selling, buying, using or possessing weapons*, fireworks or other dangerous instruments or contraband capable of inflicting physical injury, or causing damage to property. Authorized law enforcement officials are the only persons permitted to have a weapon in their possession while on school property or at a school function.

17. Extorting money, goods, or favors from any member of the school community.

18. Reckless driving.

* Refer to Code of Conduct Definitions.

F. Engage in conduct that is violent. Violent behavior includes but is not limited to:

1. Committing or attempting to commit an act of violence while on school property or at a school function (such as hitting, kicking, punching, and/or scratching) upon a teacher, another student, administrator, other school employee or any other person lawfully on school property or at a school function.

2. Threatening to commit an act of violence on school property or at a school function. 

3. Possessing or displaying or using what appears to be a weapon while on school property or at a school function.

4. Threatening to use any weapon while on school property or at a school function.

5. Intentionally damaging or destroying the personal property of a student, teacher, administrator, other district employee, or any person lawfully on school property, or at a school function, including graffiti or arson.

6. Intentionally damaging or destroying school district property.

7. Assaulting or willfully injuring another person, including fighting and/or engaging in violent behavior while on school property or at a school function.

8. Willfully or maliciously burning of property.

G. Inciting or conspiring with another person to commit or attempt any of the acts enumerated above.

Reporting Violations

All students are expected to promptly report violations of the Code of Conduct to a teacher, guidance counselor, the Principal or his/her designee.  Such reports may be made in person, in writing, or via a mobile app provided by the school for this purpose.  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 Principal, the Principal’s designee or the Superintendent.  Students should report to an administrator if they hear students verbalizing an intent to harm themselves or others.

All students, faculty, and/or staff who observe the harassment or intimidation of students, or who become aware of the harassment or intimidation of students, shall report this information immediately to the Principal or his/her designee.  The Principal or his/her designee shall investigate the report of harassment or intimidation and shall take appropriate disciplinary or remedial action.  Consistent with the District’s policy on Dignity for All Students, students and faculty/staff who have a reasonable cause to suspect that a student has been subjected to intimidation or harassment by an employee or student, on school grounds or at a school function, who acts reasonably and in good faith and reports such information to school officials or law enforcement authorities, shall have immunity from any civil liability that may arise from making such report. The Board prohibits any retaliatory behavior directed at complainants, victims, witnesses and/or any other individuals who participated in the investigation of a complaint of discrimination or harassment.  

All faculty and staff who are authorized to impose disciplinary sanctions are expected to do so in a prompt, fair and lawful manner.  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 of the student involved and the appropriate disciplinary sanction if warranted, which may include permanent suspension and referral for prosecution.

The Principal or his/her designee must notify the Superintendent and 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/her designee learns of the violation.  The notification must identify the student and explain the conduct that violated the Code of Conduct and constituted a crime. 

Disciplinary Procedures, Penalties and Referrals

Procedures and Referrals

Each school’s objective is to educate students to make appropriate choices in their school and personal lives.  It is important that students internalize habits that reflect character and integrity, acknowledging that they will make mistakes as they learn these lessons.  When students do misbehave, 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 when necessary and to place emphasis on the student’s ability to grow in self-discipline and return to school as a positively contributing member of the school community.

Disciplinary action, when necessary, will be 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 review the following:

1. The student’s age and/or grade level

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 parents, teachers and/or others, as appropriate

6. Status if classified by the Committee on Special Education

7. Other extenuating circumstances

When appropriate, discipline will be progressive.  However, there will be exceptions when progressive discipline is not appropriate. This means that a student’s first violation may merit a lighter penalty than subsequent violations.  However, depending on the circumstances this may not apply.

If a student with a disability (either a 504 plan or IEP) engages in misconduct, the Office of Special Education will be notified immediately. A review of the relationship between the student’s disability and the behavior subject to the disciplinary action should be made. A formal Manifestation Determination Review meeting must take place when there is an accumulation of 10 school days of either in or out of school suspensions. 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.  

Penalties

Students who are found to have violated the District’s Code of Conduct may be subject to the following penalties, whether alone or in combination. It is the Board’s desire that student discipline is progressive, thus a student’s first violation may merit a lighter penalty or action than subsequent violations; however, depending upon the nature and seriousness of the violation, any one of these penalties/actions can be implemented. The following penalties and/or actions may be implemented, either alone or in combination, for violation of the Code of Conduct:

• Oral warning

• Written warning

• Notification to parents

• Reprimand

• Detention

• Teacher conference

• Parent conference

• Referral to law enforcement and/or legal action

• Suspension from transportation

• Teacher removal from a particular class

• Suspension from after school or extra curricular activities such as newspaper, athletics, drama, music, dances, etc.

• In-school detention

• Out-of-school suspension

• Permanent Suspension (Expulsion)

Procedures

In the case of a student charged with having violated the rules and regulations found in this Code of Conduct, the Principal of the school or his/her designee shall be authorized to determine whether a violation has occurred. Subsequently, any penalties authorized by law, including but not limited to a suspension for a period of up to five (5) school days, can be imposed by a Principal or acting principal. In all cases, the student must be informed of the alleged misconduct and be given an opportunity to respond to the allegation(s).  Furthermore, to the extent necessary, the facts surrounding the alleged misconduct will be investigated by the Principal or his/her designee.

In determining the guilt or innocence of a student, the Principal or acting principal shall not consider any information other than the evidence relevant to the guilt or innocence of the student with regard to the conduct with which the student is charged. If a student is determined by the Principal or acting principal to have engaged in the conduct alleged, the student’s parent(s) shall be so notified and shall be given the opportunity to attend an informal conference with the complaining witness(es), which, depending on the circumstances, may be the Principal or the acting principal, to discuss the misconduct and the proposed or imposed penalty. Parents and students should be aware that in the event the District determines that a student’s conduct poses a danger or ongoing threat of disruption, the disciplinary penalty may be imposed prior to notifying the parent(s) and/or holding the informal conference. If a student’s conduct is determined by the District not to pose a danger or ongoing threat of disruption, the student’s parent(s) will be notified and given the opportunity for an informal conference to discuss the proposed disciplinary action prior to the imposition of such penalty. If a student is determined to be innocent of a disciplinary infraction, any reference to the alleged infraction or related proceedings shall be expunged from the student’s school records.

In the event that the Principal determines that the violation warrants a penalty of a suspension for a period in excess of five (5) school days, the matter shall be referred to the Superintendent for a hearing pursuant to Section 3214 of the NYS Education Law. In such an event, the parent(s)/guardians will be notified in writing as to the time and place of the hearing. Such notice shall be provided within a reasonable period of time prior to the hearing and shall provide reasonable notice as to the disciplinary charges upon which the hearing is based.

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 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 parents are entitled to additional rights before the penalty is imposed.  This is explained below.

1. Detention

Teachers, Principals and the Superintendent may use after-school detention as a

penalty for a student’s misconduct in various situations.  Detention will be imposed as a penalty only after the student’s parent has been notified to confirm that the parent is aware of the penalty and the student has appropriate transportation home following detention.

2. Suspension from transportation

If a student does not conduct himself/herself properly on a bus, the driver is expected 

to bring such misconduct to the attention of an administrator.  Students who violate the Code of Conduct may have their riding privileges suspended by the Principal or the Superintendent or their designees.  In such cases, the student’s parent will become responsible for arranging that his/her child gets to and from school safely.  Should the suspension from transportation be tantamount to a suspension from school, the district will make appropriate arrangements to provide for the student’s education. 

A student subjected to a suspension from transportation is not entitled to a full hearing pursuant to Education Law §3214.  However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the Principal or the Principal’s designee to discuss the conduct, prior to discipline being imposed.

3. Suspension from athletic participation, extra-curricular activities and other privileges

Students can also have the privilege to participate in the Harrison Interscholastic Program or other extracurricular activities revoked for a period of time for violations of the Code of Conduct or the Athletic Code of Conduct, or for failing grades, as determined by the Athletic Director, the Principal and/or the Superintendent.  Students who are suspended from school or assigned in-school detention may not participate in any school function including athletic practice/events during the suspension/detention (including during intervening weekends). 

A student subjected to a suspension from athletic participation, extra-curricular 

activities or other privileges is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the district official imposing the suspension to discuss the conduct, prior to discipline being imposed.

4. In-school detention

In accordance with Board of Education policy, each 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, administrators and their designees will place students who would otherwise be suspended from school as a result of a Code of Conduct violation in an “in-school detention.”  However, the administrator has the discretion to impose an out-of-school detention.

A student subjected to an in-school detention is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the district official imposing the in-school detention to discuss the conduct, prior to discipline being imposed.

5. Teacher disciplinary removal of disruptive students

A teacher may remove a “disruptive” student from class (in-person or virtual). A disruptive student is one who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom or a school activity. Unless the teacher finds that the student’s presence in the classroom poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, prior to removal, the teacher must:

1. Inform the Principal of the reasons for the removal.

2. Give the student an explanation of the basis for the removal.

3. Allow the student to informally present his/her version of the events.

4. Inform the parent of the incident and the basis for removal.

If the teacher finds that the student’s presence in the classroom poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, then the teacher must do the following within 24 hours of the student’s removal:

1. Inform the Principal of the reasons for the removal.

2. Give the student an explanation of the basis for the removal.

3. Allow the student an opportunity to present his/her version of the events. 

4. The Principal must:

1. Inform the student’s parents of the removal and the reasons for the removal within 24 hours of the removal.
2. Give the student and/or the student’s parents an opportunity to meet with the Principal and discuss the reasons for the removal. 

If the student denies the charges, the Principal must provide an explanation of the basis for the removal and an opportunity for the student and /or the student’s parents to present the student’s version at an informal hearing to be held within 48 hours of the student’s removal.

The Principal may set aside the teacher’s disciplinary action only upon finding that:

1. The charges against the student are unsupported by substantial evidence

2. The removal constitutes a violation of law

3. The conduct warrants suspension from school and imposes a suspension.

The Principal must make this determination by the close of business on the day after the 48-hour period for an informal hearing.

6. Suspension from school (out of school)

a. Short-Term (5 days or less) suspension from school

Suspension from school is a severe penalty, 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 Principals.

All staff members must immediately report and refer a violent or disruptive student to the Principal or the Superintendent for a violation of the Code of Conduct.  All referrals shall be made in writing unless the conditions underlying the referral warrant immediate attention.  In such cases a written report is to be prepared within 24 hours by the staff member who is referring the student for a violation of the Code of Conduct.

The Superintendent or Principal or a designee, upon receiving a referral for a violation of the Code of Conduct or when processing a referral, shall gather the facts relevant to the matter and record them for subsequent presentation, if necessary.

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, prior to considering the suspension, must confront the student orally.  If the student denies the misconduct, the suspending authority must provide an explanation of the basis for the considered suspension.  The suspending authority must notify the student’s parents in writing that a suspension is being considered. The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the decision to consider the suspension at the last known address of the parents. Where possible, notice should also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting parents. 

The notice shall provide a description of the charges against the student and the incident for which suspension is proposed and shall inform the parents of the right to request an immediate informal conference with the principal where they can question the complaining witnesses. Both the notice and informal conference shall be in the dominant language or mode of communication used by the parents. At the conference, the parents shall be permitted to ask questions of complaining witnesses under such procedures as the principal may establish. 

The notice and opportunity for an informal conference must 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 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.

The Principal or the acting principal shall promptly advise the parents in writing of his/her decision.  Parents may appeal the Principal’s decision to the Superintendent in writing, within thirty (30) days of the date of the Principal’s decision.  The Superintendent shall issue a written decision regarding the appeal within ten (10) business days of receiving the appeal.  If the parents are not satisfied with the Superintendent’s decision, they may file a written appeal to the Board of Education with the district clerk within thirty (30) days of the date of the Superintendent’s 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 thirty (30) days of the Board’s decision.

b. Long-term (more than 5 days) suspension from school

When the Superintendent or Principal determines that a suspension for more than five (5) days may be warranted, he or she shall give reasonable notice to the student and the student’s parents of their right to a fair hearing.  At the hearing the student shall have the right to be represented by counsel, the right to question witnesses against him or her and the right to present witnesses and other evidence on his/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, part or none of the hearing officer’s report. 

An appeal of the decision of the Superintendent may be made to the Board of Education which will make its decision based solely upon the record before it.  All appeals to the Board must be in writing and submitted to the district clerk within thirty (30) days of the date of the Superintendent’s decision, unless the parents can show that extraordinary circumstances precluded them from doing so.  The Board may adopt in whole, in part or none of the decision of the Superintendent.  Final decisions of the Board may be appealed to the Commissioner within 30 days of the decision.

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.

Periods of Suspension

1. Students who bring a weapon to school:

Any student that is found to have brought a weapon (as defined in this Code of Conduct) onto school property is subject to a long-term suspension from school for a minimum of one calendar year.  Before a long term suspension is imposed, the student will have an opportunity for a hearing pursuant to Education Law §3214.  The Superintendent has the authority to modify the long-term suspension on a case-by-case basis.  In deciding the length of the penalty, the Superintendent may consider the following:

1. The student’s age and/or grade level

2. The student’s grades in school

3. The student’s prior disciplinary record

4. The Superintendent’s belief that other forms of discipline may be more effective

5. Input from parents, teachers and/or others (including police officials)

6. Other extenuating circumstances

A student with a disability may be suspended only in accordance with the requirements of state and federal law.

2. Students who commit violent acts other than bringing a weapon to school

Any student, other than a student with a disability, who is found to have committed a violent act, other than bringing a weapon onto school property, shall be subject to an out-of-school suspension from school for at least one to five days.  If the proposed penalty is a one to five-day suspension, the student and the student’s parents will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension.  If the proposed penalty exceeds the minimum five-day suspension, the student and the student’s parents will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension.  The Superintendent has the authority to modify the suspensions on a case-by-case basis, taking into consideration the six factors enumerated above.  

3. Students who are repeatedly substantially disruptive of the educational process or repeatedly substantially interfere with the teacher’s authority over the classroom.

Any student, other than a student with a disability, 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 from one to five days.  For purposes of this Code of Conduct, “repeatedly is substantially disruptive” means engaging in conduct that results in the student being removed from the classroom by teacher(s) pursuant to Education Law §3214(3-a) and this Code.  If the proposed penalty is a short-term suspension, the student and the student’s parents will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed penalty exceeds the five-day suspension, the student and the student’s parents will also 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, taking into consideration the six factors enumerated above. 

Students can also have the privilege to serve in the Harrison Interscholastic Program revoked for a period of time determined by the Athletic Director and/or the Superintendent.  Students who are suspended from school (in/out) may not participate in any school function including athletic practice/events during the suspension (including intervening weekends).

Referrals for Further Intervention

1. Counseling

Faculty and staff shall partner with school counselors, social workers, and/or school psychologists to make referrals for counseling support when appropriate. 

2. PINS Petitions

The school may file a PINS (person in need of supervision) petition in Family Court for a student under the age of 18 who demonstrates that he or she requires supervision and treatment by:

1. Being habitually truant and not attending school as required by part one of Article 65 of the Education Law.
2. 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.
3. Knowingly and unlawfully possesses drugs in violation of penal Law 221.05. a single violation of 221.05 will be a sufficient basis for filing a PINS petition.

3. Juvenile Delinquents and Juvenile Offenders

The Harrison Central School District Superintendent may refer the following students to the County Attorney (or the county presentment agency if it is not the county attorney) for a juvenile delinquency proceeding before the Family Court. 

1. Any student under the age of 16 who is found to have brought a weapon to school, or
2. Any student 14 or 15 years old who qualifies for juvenile offender status under the Criminal Procedure Law 1.20 (42).

The Superintendent must refer students ages 16 and older or any student age 14 or 15 who qualifies for juvenile offender status to the appropriate law enforcement authorities. A student age 14 or 15 who possesses a firearm, machine-gun or loaded firearm (as defined in section 220.00 (14) of the Penal Law) qualifies for juvenile offender status under section 1.20 of the Criminal Procedure Law.

4. Child Protective Services

All legally mandated reporters are required by law to report suspected child abuse or neglect to the Child Protective Services.

5. Red Flag Law

When a Principal believes that a student is likely to engage in conduct that may result in serious harm to himself/herself or others, after consultation with the Superintendent of Schools and the School Attorney, the Principal may seek a Temporary and/or Final Extreme Risk Protection Order to prohibit a student’s access to weapons.

Alternative Instruction

When a teacher removes a student of any age from class, 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 for the student in accordance with Education Law §3214. However, once a student is no longer of compulsory age, it shall be at the District’s discretion whether to provide such alternative education to the student.

Discipline of Students with Disabilities

The Harrison Board of Education recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities to address disruptive 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.

A. Authorized Suspensions or Removals of Students with Disabilities

1. For purposes of this section of the Code of Conduct, the following definitions apply.

1. A “suspension” means a suspension pursuant to Education Law §3214.  
2. 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.  
3. An “IAES” means a temporary educational placement for a period of up to forty-five (45) school 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 educational 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:

1. The Board, the District (BOCES) Superintendent, the Superintendent of Schools or a 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 (5) consecutive school days and not to exceed the amount of time a non-disabled student would be subject to suspension for the same behavior, following consultation with the student’s special education teacher(s), case manager, and/or special education supervisor, where applicable.  
2. The Superintendent may, directly or upon the recommendation of a designated hearing officer, after a Section 3214 Education Law hearing, order the placement of a student with a disability into an IAES, another setting or suspension for up to ten (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 or removal and does not exceed the amount of time non-disabled students would be subject to suspension for the same behavior.
3. The Superintendent may, directly or upon the recommendation of a designated hearing officer, after a Section 3214 Education Law hearing, order additional suspensions of not more than ten (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.
4. The Superintendent may, directly or upon the recommendation of a designated hearing officer, after a Section 3214 Education Law hearing, 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 forty-five (45) school days, if the student carries or possesses a weapon to school or to a school function, or the student knowingly possesses or use of illegal drugs or sells or solicits the sale of a controlled substances while at school or a school function.

1. “weapon” means the same as “dangerous weapon” under 18U.S.C. 930(g)(w) which includes “a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable for 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 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.

5. Subject to specified conditions required by both federal and state law regulations, an impartial hearing officer may offer the placement of a student with a disability in an IAES setting for up to 45 school 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.
6. The Superintendent may order the placement of a student with a disability to an IAES under such circumstances, whether or not the student’s behavior is a manifestation of the student’s disability.  However, the Committee on Special Education will determine the IAES.

B. 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 ten (10) consecutive school days; or (b) for a period of ten (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 suspension or removal, the total amount of the suspensions or removals to one another.

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 pattern of suspension 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 removal 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 substance 

Services for Students with Disabilities during Periods of Suspension or Removal

Students with disabilities who are suspended or removed from their current educational setting in accordance with the provisions above, and applicable law and regulation will continue to receive services as follows:

1. During suspensions or removals of up to 10 school days in a school year that do not constitute a disciplinary change in placement, the district will provide alternative instruction to students with disabilities of compulsory attendance age on the same basis as non-disabled students.  Students with disabilities who are not of compulsory attendance age will receive services during such periods of suspension or removal only to the same extent as non-disabled students of the same age would if similarly suspended.
2. During subsequent suspensions or removals of up to 10 school days that in the aggregate total more than 10 school days in a school year but do not constitute a disciplinary change in placement, the district will provide students with disabilities services necessary to enable them to continue to participate in the general education curriculum and to progress toward meeting the goals set out in their respective individualized education program.  School personnel, in consultation with at least one of the student’s teachers, will determine the extent to which services are needed to comply with this requirement. In addition, during such periods of suspension or removal the district will also provide students with disabilities services necessary for them to receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications designed to address the behavior violation so that it does not recur.
3. During suspensions or removals in excess of 10 school days in a school year that constitute a disciplinary change in placement, including placement in an IAES for behavior involving weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury, the district will provide students with disabilities services necessary to enable them to continue to participate in the general curriculum, to progress toward meeting the goals set out in their respective individualized education program, and to receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications designed to address the behavior violation so it does not recur. In such an instance, the Committee on Special Education will determine the appropriate services to be provided.

C. Special Rules regarding the Suspension or Removal of Students with Disabilities

1. The District’s Committee on Special Education shall:

1. 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 ten (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.  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 ten (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.  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.
2. 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 parents of a student who is facing disciplinary action, but who has been determined to be eligible for services under ISEA 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 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.

1. The Superintendent, Principal or other school official imposing suspension or removal shall be responsible for determining whether the student is a student presumed to have a disability.
2. 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 provide notice to the parents 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 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 complete, 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 parents 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 of others; or a decision is made to impose a suspension or removal that constitutes a disciplinary change in placement.  The procedural safeguard notice prescribed by the Commissioner shall accompany the notice of disciplinary removal.

4. The parents of a student with disabilities subject to a suspension of five (5) consecutive school days or less shall be provided with the same opportunity for an informal conference available to parents 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 (5) 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-disable students, except that school personnel may not impose such removal for more than ten (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 his Code.

D. 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:

1. 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 for the student to be in his or her current educational placement during such proceedings.
2. The parent 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 parents 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 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 fifteen (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 parents within five business days after the last hearing date, and in no event later than forty-five (45) calendar days after receipt of the request for a hearing, without exceptions or extensions.

E. 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 which a crime is reported.

Corporal Punishment

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 Interviews

The Board of Education is committed to ensuring a safe and orderly atmosphere on school property and at school functions.  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 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 before questioning the student.  However, school officials will tell students why they are being questioned.

In addition, the Board authorizes the Superintendent and Principals or his/her designee 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 search a student or the student’s belongings based upon information received from a reliable source.  Individuals, other than the district employees, will be considered reliable sources 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.  

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 Code of Conduct, 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.  If possible, a second school official will also be present. 

1. Student Lockers, Desks, Computers 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, computers and other school storage places.  Students have no reasonable expectation of privacy with respect to these places since 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.

Student lockers, desks and computers are school property and remain at all times under the control of the school; however, students are expected to assume full responsibility for the security of their lockers.

2. Testing Vaping Devices

In the event a school official legally confiscates a vaping device from a student and the school official has reasonable individualized suspicion that the vaping device contains marijuana, THC, or any other illicit drug, the school official shall have the authority to test said device to determine if it contains any of those substances.  If the test of the vaping device confirms the presence of marijuana, THC, or any other illicit drug, the student will face disciplinary consequence as outlined in the Code of Conduct.

3. Interview and Search Procedures

Protocol governing non-personal student searches

1. School officials may request, upon reasonable suspicion, a student to:

1. Turn pockets inside out.

2. Remove outer garments such as jackets or coats so that a more thorough inspection of those garments may be conducted.

3. Raise pant legs to just below the knee.

4. Remove shoes.

2. Any search or search procedure of a student will be conducted by a school official out of the presence of other students.   If possible, there will be two school officials present whenever a search is conducted.  

4. 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 (i.e., what item(s) were being sought).

5. Type and scope of search.

6. Person conducting search and his/her title and position.

7. Witnesses, if any to the search.  Should have one adult witness.

8. Time and location of search.

9. Results of search (i.e., what item(s) were found).

10. Disposition of items found.

11. Time, manner and results of parental notification.  The Principal or his/her designee shall be responsible for the custody, control and disposition of any illegal or dangerous item taken from a student.  The Principal or his/her designee shall clearly label each item taken from the student and retain control of the item(s) until the item(s) is turned over to the police.  The Principal or his/her designee shall be responsible for personally delivering dangerous or illegal items to police authorities.

5. Police Involvement in Searches and Interviews of Students

School 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. Advised the administrator they are in the building; or

2. Been invited by school officials; or

3. A search or arrest warrant; or

4. Probable cause to believe a crime has been committed on school property or at a school function.  

Before police officials are permitted to question or search any student, the Principal or his/her designee shall first try to notify the student’s parent to give the parent the opportunity to be present during the police questioning or search.  If the student’s parent cannot be contacted prior to the police questioning or search, the questioning or search shall not be conducted, except in those instances where there is a concern about imminent danger.  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.

6. Child Protective Services Investigations

Consistent with the District’s commitment to keep students safe from harm and 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 neglected, school representatives 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 the Principal or his/her designee.  The Principal or his/her designee shall state the time and place of the interview. If the nature of the allegations is such that it may be necessary for the student to remove any of his/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 or remove his/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 the school 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 or abuse, the worker may remove the student without a court order and without the parent’s consent.  The Child Protective Services worker must make a request to remove a student in writing to the Principal and include the reason for the request.

Visitors to the Schools

Parents and other district citizens shall be permitted to visit schools to the extent that their visitation does not disrupt the educational process, as determined by the Principal or his/her designee.   The Principal or his/her designee is responsible for all persons in the building and on the grounds.  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. The District utilizes an electronic visitor management system (EVMS) in order to ensure the safety and welfare of its students, staff and guests.

3. When any visitor, including parents and volunteers, wishes to enter any school building during school hours, he or she must present a valid state or government issued photo ID, such as a valid driver’s license.  Prior to entry being permitted, the EVMS will check visitors against known sexual offender databases.  Once the visitor’s ID is scanned, the EVMS will print a visitor’s badge which must be worn throughout the duration of the visit.  Visitors should return this badge at the end of their visit so that they may be checked out of the building in a timely fashion.  Visitors who refuse to produce IDs or fail the check of sexual offender databases may be asked to either wait in the school building lobby or to leave school premises.

4. Visitors attending school functions that are open to the public after regular school hours, such as parent-teacher organization meetings or public gatherings, are not required to register.

5. 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.

6. Teachers are advised not to take class time to discuss individual matters with visitors.

7. All visitors are expected to abide by the rules for public conduct on school property contained in this Code of Conduct.

8. The Principal or his/her designee has the authority to restrict or limit visitations that may interfere with the educational process of students.

Public Conduct on School Property

To create and maintain an orderly, respectful environment that is conducive to learning, it is necessary for administrators and staff 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 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.  The District recognizes that free inquiry and free expression are indispensable to the objectives of the District.  The purpose of this Code 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 that they are on school property.

Prohibited Conduct on School Property 

This section applies to all persons on school grounds and/or persons communicating with school employees via school telephone or email (in-person or virtual).  No person, either alone or with others, shall:

1. Intentionally injure any person or threaten to do so.

2. Intentionally damage or destroy (including graffiti or arson) school district property or the personal property of a teacher, administrator, other district employee or any person lawfully on school property.

3. Disrupt the orderly conduct of classes, school programs of 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, bully, harass or discriminate against any person, based on race, color, creed, religion, national origin, political affiliation, sex, sexual orientation, gender, 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.

6. Communicate with school employees via school telephone or email in any way that harasses, threatens or intimidates such employees, including but not limited to the use of profanity and/or hostile language toward others.

7. Enter any portion of the school premises without authorization or remain in any building or facility after it is normally closed to students.

8. Obstruct the free movement of any person in any place to which this Code applies.

9. Violate the traffic laws, parking regulations or other restrictions on vehicles.

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 in or 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. Smoke or use tobacco products, including e-cigarettes and vaporizers, within 100 feet of the entrances, exits or outside areas of any school.

15. Refuse to comply with any reasonable order of identifiable school district officials performing their duties.

16. Willfully incite others to commit any of the acts prohibited by this Code.

17. 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.  Police will be notified if necessary. 

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. Civil Service employees:  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. 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.

Enforcement

The Superintendent or her/his designee(s) shall be responsible for enforcing the 

conduct required by this Code.  While this Code is meant to encompass all potential situations, the authority of the Superintendent and his/her designee(s) extends where appropriate beyond the aforementioned Code in the case of an omission to this document.

When a school official sees an individual engaged in prohibited conduct, which in his/her judgment does not pose any immediate threat of injury to persons or property, the school official shall tell the individual that the conduct is prohibited and attempt to persuade the individual to stop.  The school official shall also warn the individual of the consequences for failing to stop.  If the person refuses to stop engaging in the prohibited conduct, the school official 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.

The District shall initiate disciplinary action against any student or staff member, as appropriate, with the “Penalties” section above.  In addition, the Harrison School District reserves its right to pursue a civil or criminal legal action against any person violating the Code.

Dissemination and Review

The District will work to ensure that the community is aware of this Code of Conduct by:

1. Posting the complete Code of Conduct on the District website, including any annual updates and other amendments to the Code;

2. Providing copies of a summary of the Code of Conduct to all students in an age-appropriate version, written in plain language, and reviewing the Code of Conduct at a school assembly to be held at the beginning of each school year;

3. Providing a plain language summary of the Code of Conduct to all parents or persons in parental relation to students before the beginning of each school year and making the summary available thereafter upon request;

4. Providing each existing teacher with a copy of the complete Code of Conduct and a copy of any amendments to the Code as soon as practicable following initial adoption or amendment of the Code. New teachers shall be provided a complete copy of the current Code upon their employment; and

5. Making complete copies available for review by students, parents or persons in parental relation to students, other school staff and other community members.

The Superintendent or his/her designee will facilitate a review of this Code of Conduct every year and update it as necessary.  In conducting the review, the committee will consider how effective the Code’s provisions have been and whether the Code has been applied fairly and consistently.

If needed, the Superintendent may appoint an advisory sub-committee to assist in reviewing the Code and the committee’s response to the Code of Conduct violations.  The committee will be made up of representatives of student, teacher, administrator, and parent organizations, school safety personnel and other school personnel.