Appendices

Here you will find supplementary information about several items addressed in the Code of Conduct.

Public Conduct on School Property | Summary of Attendance Policy | Drug and Alcohol Abuse | Penalties for the Use or Possession of Tobacco and/or Nicotine Products | Building Computer Utilization

APPENDIX A.

Public Conduct On School Property

The District is committed to providing an orderly, respectful environment that is conducive to learning. To create and maintain this kind of an environment,
it is necessary to regulate public conduct on school property and at school functions. For purposes of this section of the code, “public” shall mean all persons when on school property or attending a school function including 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 they are on school property.

Prohibited Conduct on School Property

These rules govern the conduct of students, faculty and other staff, licenses, invitees, and all other persons, whether or not their presence is authorized, upon District property, and also upon or with respect to any other premises or property, under the control of the District and used in its teaching programs and activities, and in its administrative, cultural, recreational, athletic, other co curricular program and activities. No person, either singly or in concert with others, shall:

  1. willfully cause physical injury to any other person, nor threaten to do so for the purpose of compelling or inducing such other person to refrain from any act which he/she has a lawful right to do, or to do any act which he/she has a lawful right not to do so;
  2. physically restrain or detain any other person, nor remove such person from any place where he/she is authorized to remain;
  3. willfully damage or destroy property of the school or under its jurisdiction, nor remove or use such property without authorization;
  4. without permission, express or implied, enter into any private office of an administrative officer, member of the faculty or staff member;
  5.  enter upon and remain in any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others;
  6. without authorization, remain in any building or facility after it is normally closed;
  7. refuse to leave any building or facility after being required to do so by an authorized administrative officer, member of the faculty or staff;
  8. obstruct the free movement of persons and vehicles in any place to which these rules apply;
  9. deliberately disrupt or prevent the peaceful and orderly conduct of classes, lectures and meetings or deliberately interfere with the freedom of any person to express his/her views, including invited speakers;
  10. have in his/her possession upon any premises to which these rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the chief administrative officer (whether or not licensed to possess or carry the same); and/or
  11. willfully incite others to commit any of the acts herein prohibited with specific intent to procure them to do so

Penalties and Procedures

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

  1. If a licensee or invitee, his/her authorization to remain upon the grounds or other property shall be withdrawn and he/she shall be directed to leave the premises. In the event of failure to do so, he/she shall be subject to ejection.
  2. If a trespasser or visitor without specific license or invitation, he/she shall be subject to ejection.
  3.  If he/she is a student, he/she shall be subject to disciplinary action as the facts of the case may warrant, including suspension, probation, loss of privileges, reprimand or warning as prescribed by the Education Law, §3214 or school Code of Conduct, and he/she shall be subject to ejection.
  4. If a faculty member, he/she shall be subject to ejection, warning, reprimand, suspension or other disciplinary action as prescribed by and in accordance with procedures of the Education Law.
  5. If a staff member in the classified service of the civil service, described in 75 of the Civil Service Law, he/she shall be guilty of misconduct, and be subject to the penalties and procedures prescribed in said section and be subject to ejection.
  6. If a staff member other than one described in subdivision 4 and 5, he/she shall be subject to dismissal, suspension without pay or censure and be subject to ejection.

Enforcement Program

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

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

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

The superintendent or his/her designee may apply to the public authorities for any aid which he/she may request the Board of Education’s Counsel to apply to any court of appropriate jurisdiction for any injunction to restrain the violation or threatened violation of such rules.

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APPENDIX B.

Summary of Attendance Policy

All students are entitled to a sound basic education that will enable them to enjoy life and become effective citizens. This goal can best be achieved within the public schools by regular class participation. The objective of this policy is to encourage student commitment to, staff awareness of and parental support for regular class attendance.

Strategies

The basic strategy of this policy is to recognize the relationship between participation in class activities and the mastery of course material.

Students are expected to come to class prepared to discuss assigned material. Failure to attend class thwarts this objective and requires compensating or corrective actions. Such actions should be based on valid data. Consequently, class attendance shall be recorded in accordance with state requirements and shall be reported to parents* at the end of each marking period or more frequently if so required by the school code of conduct.

Excused Absences

Tardiness or absence for the following reasons is excused: personal illness or injury, death or emergency illness in the immediate family, obligatory religious observance, required court appearance, medical and dental appointments, school sponsored events, career development or explorations programs approved by the principal, late arriving bus, impassable roads or weather making travel unsafe, music lessons, or others as authorized by the principal. Tardiness or absence for any other reasons is unexcused. Students with an excused absence shall be given an opportunity to make up missed work.

Relationship between Attendance and grade

In order to obtain the minimum passing grade for a course, students must demonstrate sufficient comprehension of the course material to justify promotion to a subsequent course of study. To obtain a higher grade, students must demonstrate by examination, class participation, and the completion of assigned work that they have sufficient mastery of course material to satisfy established departmental standards. Unexcused absences may also affect a student’s grade.

Incentives, Sanctions and Notice

Each school is encouraged to recognize the impact of good attendance on student learning and to develop incentives that provide individual motivation to students and families. Students with unexcused absences shall be subject to the sanctions provided by school codes of conduct. Parents shall be notified by phone or by letter whenever their child is absent, tardy or departs early without a proper excuse.

Intervention Strategies

Additional actions shall be taken for students with severe attendance problems. These include referral to a student support or child study team, the provision of counseling service, and referral to a judge for court supervision
(PINS petition.)

*The term “parent” includes guardians and others in an established parental relation with the student.

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APPENDIX C.

Drug and Alcohol Abuse Regulations

The possession of illegal drugs, synthetic narcotics, dab pens or cartridges of any kind, non-prescribed medications, drug paraphernalia or alcohol or the consumption of illegal drugs, synthetic narcotics, non-prescribed medications, or alcohol during school hours or at any interscholastic and extra-curricular events or other school-sponsored activity, or on school property, is strictly prohibited. This policy also prohibits a student from coming to school or an extra-curricular and interscholastic event or other school sponsored activities,
on or off campus, after the student has consumed alcohol or drugs, synthetic narcotics, non prescribed medications, or is in possession of illegal drugs, synthetic narcotics, non-prescribed medications, drug paraphernalia, or alcohol.

First Offense

A student who violates this policy for the first time may be suspended from school for a period of five (5) days. When the suspension period is over, the student may not be readmitted to school unless accompanied by a parent.
Athletes who are on alternate credit for physical education shall have this privilege revoked immediately; “Athletic Handbook” sanctions shall also be in effect. When indicated, the student shall be referred to the Niskayuna Police, the Superintendent, or both.

When the student returns to school, the student will be assigned to a Study Hall for all unscheduled periods for five (5) weeks. The student shall not be permitted to attend any interscholastic, extra-curricular, or school sponsored activity for the duration of the five (5) week period. The student will not be allowed on school property during the period of his/her suspension or he/she will be considered trespassing and will be subject to the associated civil/criminal penalties.

Moreover, the student must be a willing and active participant in at least three (3) counseling sessions with the school psychologist, student assistance counselor, or guidance counselor. Alternatively, the student may seek counseling from a private counseling source. This process must have begun in order for the student to be eligible to practice/rehearse/participate with a team or activity. Although the student will not be allowed to attend or participate in games, plays, events, etc., the student will be permitted to practice, try out, or rehearse providing the students meets with the school psychologist, student assistance counselor, or guidance counselor at the designated times. Should the student fail to participate in such a counseling program, the student shall be removed from the team or activity for the remainder of the school year. The student’s eligibility to return the following school year to active participation will be contingent upon completion of a counseling program.

Student athletes, who participate in any school-sponsored sport, shall be referred to the building principals, who in consultation with the Director of Athletics, will apply the sanctions as outlined in the Athletic Code of Conduct.

Second Offense

In case of a second drug or alcohol offense during the student’s high school career, the student may be suspended from school for a period of five (5) days. When the suspension period is over, the parent/guardian is expected to accompany the student to school for admission.

When the student returns to school, the student shall be assigned to a Study Hall for all unscheduled periods for the duration of the student’s high school career. In addition, the student shall re-enter a counseling program (in-school or private). The student shall not be permitted to participate in or attend any co-curricular interscholastic, or other school-sponsored activity for one (1) calendar year from the date of the second violation. The student shall also be prohibited from practicing or rehearsing during the calendar year period.

Third Offense and Subsequent Offenses

If a student is suspended for a third drug or alcohol offense, the student will be referred to the Superintendent of Schools for an exclusionary hearing to determine if the student’s behavior poses a threat to the safety and well-being of that student or others. If, in the judgment of the Superintendent, the student is not to be excluded, the following sanctions shall be imposed:

The student may be suspended from school for a period of five (5) days. When the suspension period is over, the student may not be readmitted to school unless accompanied by a parent. When the student returns to school, the student shall be assigned to a Study Hall for the duration of the student’s high school career. The student shall also be strongly urged to seek more intense rehabilitative care; alternate placement may also be considered. In addition, the student shall not be permitted to participate in, practice, rehearse or attend any extra-curricular, interscholastic, or other school-sponsored activity for the duration of the student’s high school career.

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APPENDIX D.

Penalties for the Use or Possession of Tobacco and/or Nicotine Products

In accordance with New York State law, the Board of Education recognizes the health hazards associated with smoking and the use of other tobacco products and, therefore, prohibits the use or possession of tobacco products or accessories, e-cigarettes, and vapor instruments and/or products, and dab pens and/or cartridges of any kind by students in school buildings, on school property and vehicles owned or operated by the District or at school sponsored activities.

First Offense

A student on school property who is caught smoking a first time may be suspended out-of-school for a period of two (2) days or placed in an in-school suspension program. A student who is determined to be in the possession of tobacco products or accessories, e-cigarettes or vapor instruments and/or products, and dab pens and/or cartridges of any kind may be assigned two (2) extended detentions.

Second Offense

A student on school property who is caught smoking a second time may be suspended out-of-school for a period of four (4) days or placed in an in-school suspension program. A student who is determined to be in the possession of tobacco products or accessories, e-cigarettes, or vapor instruments and/or products, and dab pens and/or cartridges of any kind for a second time, may be assigned six (6) extended detentions.

Third Offense

A student on school property who is caught smoking a third time may be suspended out-of-school for a period of four (4) days or in an in-school suspension program. A student who is determined to be in the possession of tobacco products or accessories, e-cigarettes or vapor instruments and/or products, and dab pens and/or cartridges of any kind for a third time, may be placed in an in-school suspension program for three (3) days.

Fourth and Each Subsequent Offense

A student on school property who is caught smoking a fourth time and each subsequent time may be suspended out-of-school for a period of four (4) days or in an in-school suspension program. A student who is determined to be
in the possession of tobacco products or accessories, e-cigarettes, or vapor instruments and/or products, and dab pens and/or cartridges of any kind for the fourth time, may be placed in an in-school suspension program.

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APPENDIX E.

Building Computer Utilization

The Board of Education considers computers and computer-related technology to be valuable tools for education and encourages their use throughout the District.

The Board encourages computer use as an integral part of the curriculum where age and developmentally appropriate. This includes the use of computer programs, access to the Internet, and communications with teachers and other students.

Student and staff use of school computers and related technology should support the District’s educational program. The Internet and other electronic research materials are available to students and staff solely for the support of our students’ educational program and professional development. Computer use — including Internet access — is a privilege, not a right.

Computer utilization throughout the District shall be in accordance with Board of Education Policy and in accordance with the regulations defined by board policy, as well as local, state, and federal laws.

Student and staff use of school computers is for school-related use only. Foreign or home software shall not be used on school computers until it has been scanned for viruses and approved for use by a supervising adult. Use
of language on the school network must be consistent with current community standards for public discourse in a school environment. All materials over the Internet should be assumed to be copyrighted for citation purposes.

Any and all e-mail that is sent or received through the District’s network shall be deemed to be not confidential and is subject to random review. Any messages that are related to or in support of inappropriate or illegal activities shall be reported to supervisors, the District office, or legal authorities. The use of District e-mail is limited to that which supports the District’s educational mission and official school business.

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