Levels of Behaviors and Responses

Restorative Practices | Concerns and Resolutions | Behaviors and Response Level

Niskayuna Central School District understands the importance of restorative practices when student behavioral issues affect the safety of the classroom and school and interfere with the learning of all students. When choosing interventions and consequences for student behavior, teachers, administrators and all staff must balance NCSD’s goals of ensuring equity, minimizing disruptions and maximizing student instructional time. Consequences paired with meaningful instruction and guidance (corrective feedback and re-teaching) offer students an opportunity to learn from their mistakes.

Guiding Principles: Restorative Practices

Student discipline, policies and practices should be implemented in ways that are accountable and restorative. Students and families need to know that the school will provide interventions inside and outside the classroom that support a restorative, rather than punitive, response. Students have the opportunity to accept assigned consequences and fully participate in the interventions designed to address specific behaviors. These interventions require students to own the problem, reflect on the impact of their behavior on themselves and others and understand why the behavior was unacceptable or inappropriate. It does not mean there are no other consequences to the behavior, but we know that administering consequences without re-teaching and reflection does little to change behavior in the long run.

We need to be aware that the person whose actions we are attempting to correct, must be in a place where they admit they were wrong, and they want to make amends or alter their behavior.

  • What happened?
  • What were you thinking about at the time?
  • What have you been thinking about since?
  • Who has been affected by what you have done?
  • In what way have they been affected?
  • What do I need to do to make things right with this teacher, student or other person, so I can participate and access my education?

Restorative practices and the use of affective statements are practices on the continuum that can lead to restorative justice for larger offenses usually involving long-term suspension or involvement with law enforcement.

Restorative Practices are interventions designed to hold students accountable for harm while addressing the needs of students, staff and the school community. Restorative practice may be defined as a way of thinking and responding to conflict and problems and one which includes all participants. Collectively, they determine a logical and balanced resolution. Examples of restorative practices include family group counseling, classroom circles, reparation of harm, therapeutic/resource strategies (mental health treatment, anger management and/or behavior coaching).

School officials refer to this code of conduct when determining which disciplinary intervention and consequence to impose while ensuring the well-being of everyone involved. Practices that allow educators to address behavior concerns as opportunities for learning instead of punishment are far more successful in changing a student’s behavior than imposing punitive measures. In determining how to best address inappropriate, unacceptable and unskillful behaviors, it is necessary to evaluate all of the circumstances surrounding the behavior. There are many factors that must be considered before determining consequences and interventions, including:

  • The student’s age and health
  • The student’s disciplinary record
  • Appropriateness of student’s academic placement
  •  Disciplinary consequences and interventions applied in response to prior behavior violations
  • Nature, severity and scope of the behavior
  • The circumstances in which the conduct occurred
  • Student’s understanding of the impact of his or her behavior
  • Seriousness of the behavior and the degree of harm caused
  • Impact on overall school community
  • The student’s Individualized Education Plan (IEP), Behavioral Intervention Plan (BIP) and 504 Accommodation Plan, when applicable
  • The student’s response to intervention

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Concerns and Resolutions

Level 1

Responses aim to teach, correct behavior and promote the practice of pro-social behaviors, self-discipline and healthy well-being.

Teachers are encouraged to try a variety of teaching and classroom management strategies. The responses are designed to prevent minor behavior issues from becoming major incidents.

Classroom interventions and responses may include, but are not limited to private conversation with student, student break, verbal correction, special seating, alternative activity, time and space for de-escalation, loss of privilege, parent contact/conference, teacher detention, behavior plan, restorative practices, referral to Student Support Team (SST).

Level 2

Behavior is more serious and often causes disruption to the school environment.

These behaviors may include a pattern of persistent level 1 behaviors. Interventions involve school administration and aim to correct behavior by stressing the seriousness of the behavior while keeping the student in school. Responses might be similar to those in Level 1 and at times are more intensive and stretch beyond the immediate situation.

Administrative Interventions and responses may include, but are not limited to additional counseling, verbal correction, time and space for de-escalation, special seating, parent contact/conference, loss of privilege, detention, behavior contract, restorative practices, referral to Student Support Team (SST), in-school suspension, exclusion from extra-curricular activities, referral to outside community agency.

Level 3

Violations are more serious in nature and jeopardize order, safety and/or property damage.

These behaviors may include a pattern of persistent level 2 behaviors. Level 3 interventions may involve short-term removal of a student from the environment depending on the severity of the behavior. The duration of a suspension is to be limited as much as possible, while still addressing the behavior.

More intensive responses in Level 3 may include but are not limited to out-of-school suspension, temporary removal from class, restitution of property or repair of damage, informal meeting with school district personnel, campus or community service, and/or a family home visit and restorative practices.

Level 4

Behaviors threaten the safety and well-being of others.

These behaviors may include a pattern of persistent Level 3 behaviors. Response to Level 4 behaviors may include removing the student from the classroom or school environment because of the seriousness of the behavior. The duration of removal should be limited, as much as possible, while still addressing the behavior.

Responses to Level 4 include all responses in Level 3 and/or more intensive responses such as 5-day suspension with formal hearing, referral to appropriate law enforcement agency, counseling or drug treatment program and/or diversion, restorative practices.

Level 5

Behaviors are the most extreme often using force, causing harm or injury, involving violence, possession or use of a weapon, causing substantial risk or a pattern of persistent Level 4 behavior.

Responses to Level 5 encompass all responses in Level 4 including 5-day suspension with formal hearing, referral to appropriate law enforcement agency, counseling or drug treatment program and/or diversion, restorative practices.

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Response Levels

  • LEVEL 1: Teacher and/or staff Intervention
  • LEVEL 2: Administrative Intervention
  • LEVEL 3: Administrative Intervention, short term removal from learning environment.
  • LEVEL 4: Intensive Administrative Intervention and lengthier removal from learning environment
  • LEVEL 5: Intensive District Administrative Intervention and Discipline With Potential Long-Term Removal from School, or alternate placement.

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Behaviors

Alcohol, Drugs, Tobacco (also electronic): Possession and/or being under the influence of:

  • Any tobacco product, vaping device, or any other nicotine inhaler (for example: a JUUL device, an electronic cigarette, etc.)
    Level 3, Level 4
  • Any beverage containing alcohol
    Level 3, Level 4
  • Marijuana, or any drug other than marijuana (including possession of paraphernalia)
    Level 4, Level 5
  • Buying or selling marijuana or any other drug or drug paraphernalia
    Level 4, Level 5

Disruptive and Uncooperative Behaviors

  • Wagering in any form that involves activities with monetary stakes on school grounds or at school sponsored events
    Level 1, Level 2, Level 3
  • Behavior that disrupts instruction and the learning of other students in the classroom, as well as disrupts school culture and climate
    Level 1, Level 2, Level 3, Level 4
  • Lack of prompt, respectful compliance with directions or requests of any school staff member, including teachers, support personnel, secretaries, custodians, and bus drivers
    Level 1,Level 2
  • Taunting, baiting, inciting and/or encouraging a fight, a disruption, or other violation of school rules, including failure to disperse from a fight or disruption when directed by adults
    Level 2, Level 3, Level 4
  • Volatile Acts, Disorderly, violent, or threatening conduct of a serious nature that significantly disrupts school, a school-sponsored activity, or a school-supervised activity held off of school premises
    Level 3, Level 4, Level 5
  • Trespassing in unauthorized or unsupervised areas in the building. This includes but is not limited to, entering the classroom or building before or after school
    Level 2, Level 3, Level 4
  • Being in the hallway without permission and not returning to class when directed by school staff
    Level 2, Level 3
  • Circumventing school safety protocols, including opening secured exterior doors to permit access to another person
    Level 2, Level 3
  • Any serious misconduct not otherwise addressed within this Plan that directly or indirectly jeopardizes the health, safety or property of a school, the School District, school personnel, other students, one’s self, or other individuals who are present or acting within the school’s jurisdiction
    Level 3, Level 4, Level 5

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Attendance Issues

  • Student absence without the knowledge of the parents
    Level 2, Level 3
  • Leaving class or school grounds without permission or arriving late without permission
    Level 1, Level 2, Level 3

Failure to respect materials, property of others

  • Failure to respect materials, property, and stealing from others
    (including, but not limited to, stealing and/or damage to cell phones, other electronic devices and credit cards/debit cards)
    Level 2, Level 3, Level 4

Academic Integrity

  • Cheating and plagiarism, individually or as part of a group
    Level 1, Level 2, Level 3

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Firearms/Weapons

  • Possession of a toy weapon where the toy weapon is used to threaten, intimidate, or harm another person or to cause a disruption
    Level 3, Level 4
  • Possession of a weapon, other than a firearm or other gun
    Level 3, Level 4
  • Possession of and actual, attempted, or threatened use of a weapon, including firearm, or other weapons toward another person or to cause a disruption. Examples include, but are not limited to, BB guns, pellet guns, flare guns, and air rifles.
    Level 5

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Fires/Explosives/Flammables

  • Setting a fire, or attempting to set a fire, activating the school’s fire and/or other alarm systems, making a false alarm call to 911
    Level 4, Level 5
  • Possession or use of fireworks, a smoke bomb, munitions, pepper spray/gas, MACE, tear gas, stink bomb, or any inherently dangerous substance/ object, or any illegal device, illegal product, or illegal material that is not specifically covered elsewhere within the Behavior Education Plan
    Level 4, Level 5

Forgery

  • Writing the name of another person to be represented as a writing or original signature of that other person or altering any written record or document (such as dates, times, passes, and permits) without permission
    Level 1, Level 2

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Inappropriate Language or Expression

  • Swearing, cursing, or making obscene gestures toward another student or staff member
    Level 1, Level 2, Level 3, Level 4
  • Use of racial slurs, or protected class references directed toward another student or staff member
    Level 3, Level 4
  • Serious threats, including the use of social media to threaten someone or to cause a disruption
    Level 3, Level 4, Level 5

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Inappropriate physical contact (non-sexual)

  • Welcomed or unwelcomed touching hitting, slapping, pushing, grabbing, tripping, shoving, kicking, spitting, or any other inappropriate physical act of aggression by one student directed at another student that does not rise to the level of excessive physical aggression (includes actions considered “play fighting”
    Level 3
  • Excessive physical aggression (fighting or a physical attack against a student). Note: Self-defense is described as an action taken to restrain or block an attack by another person or to shield oneself from being hit by another person. Responsive action, such as hitting a person back, is not self-defense and may be considered excessive physical aggression. Note: When a student engages in 3 acts of excessive physical aggression, the student may be suspended pursuant to the behavior response levels in the Behavior Education Plan and may be placed in an alternative setting for 45 or 90 days not to exceed one semester
    Level 3, Level 4, Level 5
  • Use of physical force, including the use of an object, directly against or affecting a staff member of the NCSD or any adult who is legitimately exercising authority at the school or during any school activity
    Level 4, Level 5

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Inappropriate touching, exposure, and/or sexual contact

  • Inappropriate physical displays of affection
    Level 1, Level 2
  • Non-consensual touching of a person’s buttocks, breasts, genitals/private areas
    Level 3, Level 4, Level 5
  • Consensual Sexual Activity: Engaging in sexual intercourse, physically displaying one’s buttocks, breasts, or genitals. Removing or adjusting the clothing of another person (including, for example, pulling down another student’s pants) in a manner that causes, or was an attempt to cause, the exposure of the other person’s undergarments and/or buttocks, breasts, or genitals
    Level 3, Level 4
  • Engaging in non-consensual sexual intercourse, including oral sex
    Level 5

Inappropriate use of technology or materials

  • Use of personal cell phone or any non-educationally required device, electronic or otherwise, that detracts from and/or disrupts learning of oneself, or others is prohibited.
    Level 1, Level 2, Level 3, Level 4

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Inappropriate use of district-provided information technology. See Policy 3721.

  • Recordings/images of another person
    Level 2, Level3, Level 4
  • Making, transmitting, or distributing, including posting to the internet, any recording of physical contact, whether or not the participants considered it “play fighting”
    Level 1, Level 2, Level 3
  • Making, transmitting, or distributing any recording that has not been approved or authorized by the school of the voice or image of any other student, staff member or other person without the consent of the person(s) so recorded.
    Level 2, Level 3
  • Intentionally circumventing the management and content filtering that is applied to district provided devices
    Level 1, Level 2, Level 3

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Sexual, explicit, obscene, or lewd materials

  • Possessing pornographic material or observing pornographic material. or partially nude state, regardless of consent
    Level 2, Level 3, Level 4, Level 5
  • Possessing, making, transmitting, or disclosing any image of any student, minor, staff member, parent, school volunteer, or other adult with supervisory authority in a nude state, regardless of consent
    Level 3, Level 4, Level 5

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