Code of Conduct and Discipline Policy

Code of Conduct

Williamsburg Charter High School students are expected to exhibit acceptable standards of conduct at all times. Students are given every consideration concerning their rights and are expected to share in the responsibility. 

Behavioral Expectations 

Classroom Expectations and Procedures  

  • Students will follow directions and classroom protocols.
  • Students will show respect for others.
  • Students will use appropriate school language.
  • Students will be prepared for class.

 

Assembly Expectations and Procedures

  • Remain seated with your advisory/or class.
  • Listen and pay attention
  • Clap or cheer only when appropriate.
  • Leave only when your advisory/class is dismissed.

 

Lunchroom Expectations and Procedures

Lunch is a time for students to eat, relax, and socialize with friends. However, be reminded that all school rules as outlined in the covenant still apply during lunchtime. 

  • Students are to use a volume of  voice respectful of others surrounding
  • Students are required to keep tables clean and wiped after breakfast and lunch. 
  • Students are expected to remove their own garbage and place it in the provided trash cans.
  • Students may only attend their scheduled lunch period.
  • Students may use electronics but must use them responsibly; Students may only listen to music with headphones; students may not take photos or audio/recordings of others during lunch. 

 

Hallway Expectations and Procedures

  • Students are expected to move quickly to their next class. Blocking the doorways, stairs or the hallways is dangerous and results in students missing instructional time in the classroom. 
  • Students are expected to keep their voices low while in the hallways.
  • Students should use appropriate school language.
  • Students are expected to keep hands, feet and objects to themselves. 
  • During class time, students should only be in the hallway with a pass.

Fire Alarm Expectations and Procedures

Any time the fire alarm goes off students must obey the following procedures:

  • Listen for the fire alarm.
  • Line up quietly and immediately.
  • Walk silently to the designated exit and line up outside with your class.
  • Return to class when fire alarm procedure is over. Failure to return to class in a timely and appropriate manner may result in disciplinary measures. 

 

Lockdown Expectations and Procedures

     Any time “We are now in soft/hard lockdown” is announced over the PA, students are trained to:

  • Move away from the line of sight through the classroom door.
  • Maintain silence.
  • Stay calm and listen for directions.

Safety and Security

Students must adhere to all the security procedures of the building as noted on signs throughout the school building. Students may only use the elevators if they have been issued an elevator pass. Students who have been assigned an elevator pass are required to visibly wear the pass when riding the elevator.  Students riding the elevator without a pass will be asked to exit immediately and may be subject to further disciplinary action.

Community Safety

The Williamsburg Charter High School and its leadership will do everything necessary and everything in its power and to the full extent of all applicable laws to ensure the health and safety of all students, teachers and staff who are a part of the school community. 

 

Students who pose an immediate danger to the Williamsburg Charter High School community may be removed immediately from the classroom or school grounds according to the severity and specifics of the infraction. Students and parents must be assured that we are prepared to maintain a wholly safe environment according to our school mission. This policy does not preempt a student’s right to a hearing or appeal or any other aspect of due process.

Maintenance of Public Order on School Property

The following rules shall govern the conduct of students, teachers, staff, licensees, invitees, and other persons, whether or not their presence is authorized, on all property or facilities operated under the auspices of the charter school. These rules and penalties are not to be considered exclusive or to preclude in any way the prosecution and conviction of any person for the violation of any Federal, State or local law, rule, regulation or ordinance, or the imposition of a fine or penalty provided for therein. Additionally, these rules and regulations should not be construed to limit, but rather exist in conjunction with any other codes of conduct established for the school, such as a disciplinary code and/or a bill of student rights and responsibilities.

Prohibited Conduct

No person, either singly or in concert, shall:

  • Willfully cause physical injury to any other person, or threaten to use force which would result in such injury.
  • Physically either restrain or detain any other person, nor remove such person from any place where he or she is authorized to remain, except as necessary to maintain the established educational process or to ensure the safety of a child or a member of the school community. 
  • Willfully damage or destroy school property, nor remove or use such property without authorization.
  • Without permission, express or implied, enter into any private office or classroom of an administrative officer, teacher, or staff member.
  • Enter or remain in any building or facility for any purpose other than its authorized use or in such a manner as to obstruct its authorized use by others.
  • Without authorization, remain in any building or facility after it is normally closed, nor without permission, enter any building or facility prior to its normal opening.
  • Refuse to leave any building or facility after being required to do so by the Head of School or an authorized administrative officer or his or her designee.
  • Willfully obstruct or interfere with the free movement of persons and vehicles.
  • 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 or her views, unless such disruption is necessary to maintain order of the educational process.
  • Possess on school property any firearm, knife, box cutter, chain, club, airsoft gun or anything that may look like a gun, or other weapon, whether or not the person has a license to possess such weapon. Further, it is the duty of the Head of School or his/her designee to inform the police of the presence or use of any such weapon or implements used as weapons on school property.
  • Commit acts which threaten the safety and welfare of persons on school property.
  • Violate any federal or State statute or regulation, local ordinance or school policy.
  • Possess, use or distribute alcohol, drugs or drug paraphernalia.
  • Harass or coerce any person.
  • Refuse or fail to comply with a lawful order or direction of a school official in the performance of his or her duty.
  • Distribute or post on school property any written material, pamphlets or posters without the prior approval of the Head of School or designee.

Penalties and Enforcement

Penalties for violations of these rules include, but are not limited to:

  • the withdrawal of authorization to remain on school property 
  • ejection 
  • arrest 
  • suspension/expulsion or other disciplinary action (for students)

 

Staff members are required to report known violations of these rules to the Head of School and to make reasonable efforts to stop the prohibited conduct.  The Head of School is ultimately responsible for the enforcement of these rules.


Guests & Visitors

Any guest or visitor (parent or guardian) of students or staff, including family members, must sign in at the main desk and be escorted to the location where they will be visiting. Guests and visitors are expected to comply with all school rules and behavior expectations. 

Access to the Building

Parents/ guardians/ families are a vital part of the Williamsburg Charter High School Community. We consider parents/ guardians/families, as partners in the education of our students and we encourage and welcome visits and partnerships. To ensure the safety of all students and staff, guests and visitors must sign in at the main desk and present a valid government ID. In order to maximize our student’s learning time and minimize distraction, we strongly suggest the following:

  • When you are in attendance at school, it is necessary for you to communicate in an orderly and respectful tone. WCHS reserve the right to remove and individual(s) from the building exhibiting inappropriate behavior.  It is the School’s goal to respect everyone’s point of view, opinion and concerns but we cannot allow behavior that undermines the order and safety of the school community.
  • We ask for your commitment in attending all parent meetings and teacher conferences.

Parents are always encouraged and welcomed to attend our monthly board meeting.

Explanation of Discipline Measures: 

Accountability Steps

 

Restorative Activity (Making Amends)

Restorative Practices allow for students and/ or staff to make amends for the harm done to the community.


Peace Circle/ Mediation: When a person harms another, we want to allow an opportunity for the responsible party to take accountability for their actions and collectively engage in a process to address the needs and repair the harm done to the community.


Family Group Conferencing: Similar to peace circles but includes parents. Parents are raising, teaching and supporting our students and we want to involve them as much as possible to help build a strong and healthy school community. 


Alternative Education Lab: We believe strongly in the importance of keeping a student in the learning community during the school day. When a student engages in behavior that does not reflect the values, but does not immediately pose a threat to self or others, we want to give them space to reflect.


Student Court: Student Court is a voluntary program, but offers an alternative in certain instances (as determined by the Head of School or her designee) to a Short-Term Suspension and/ or loss of privileges. The Student Court Program Coordinator has the discretion to deny that a case be heard by student court members if the referred student does not take the process seriously. 


In order for a student to be referred to Student Court they must a) be in the process of being recommended for suspension based on a pattern of behavior or serious offense; or in the process of being removed from sports/clubs or activities and b) show accountability regarding the actions that took place. Student Court members do not determine guilt or innocence. When a parent and student agree to Student Court, they understand that the child made a bad choice and are open to completing an alternate sanction which is less punitive. The entire Court process is meant to be a teaching tool for the respondent to learn alternative ways of handling situations so that the student doesn’t find themselves in the same predicament in the future. If the student referred to student court does not complete the sanction or does not take the process seriously the Student Court will then show proof of intervention and non compliance and will recommend the original consequence to the Academy Leader, which is usually an Out-of-School Suspension or Loss of Privileges (i.e.: Senior activities or removal from clubs or sports).

 

Classroom Removals

In the case where classroom interventions are not successful a teacher may request that a student is removed from the classroom.


  • A teacher has the authority to request for a student to be removed from the classroom when the student’s behavior presents a continued danger to students or staff or an ongoing threat or disruption to the academic process.
  • When a student is removed, the teacher must call for a safety officer or another authorized representative to remove the student. The student must be picked up from the class by the safety officer and should not be sent out alone.
  • The teacher must provide the officer or designee assigned to remove the student with a “student removal form” stating the reason for the student’s removal
  • Once the situation is de-escalated, the student will have the opportunity to review the details of the incident with the Academy Leader or designee. At that time the student, designee and staff member (pending availability) will review all applicable incident data to determine the appropriate methods of restoring the school community. The overall goal of this process is to get students back into class as quickly as possible and develop a mutual respect between all parties.
  • In cases of serious incidents, the Academy Leader may decide that the behavior warrants additional consequences that would keep the student from returning to class until a parent meeting occurs.

 

Detention

Detentions serve as an opportunity for students to reflect on how their actions have impacted the community and how, through different actions, they can positively impact the community moving forward.


Lunch Detention

Detention is served during lunch periods

After School Detention

Detention is served on weekdays, after the student’s last scheduled class

Wednesday and Saturday Detention

Extended detention on Wednesday and Saturdays



Loss of School Privileges

After notification of the parent(s) or guardian(s) a student may have certain privileges suspended if deemed appropriate. These privileges may include but are not limited to: after school sports, clubs, school social activities, field trips, and any other school sponsored extracurricular activity.


A student may be considered ineligible for trips/events for reasons including, but not limited to: involvement in a disciplinary incident on a prior trip, poor school attendance, misbehavior or severe lack of academic effort in the day or days leading to trip or sporting events. This includes senior trip and activities. Refunds may not be given to parents and students who have paid for activities but are removed based on academics and behavior. 



Alternative Learning Environment Placement and Suspensions

Alternative Learning Environment Placement: Whenever possible, students will be placed in an alternative learning environment to prevent falling behind in coursework and provide access to school support services. Although students will be removed from their normal schedule of classes and activities, supervision will be provided and assignments and homework will be expected from the suspended student. If the suspended student needs academic assistance during this time, it will be provided by a staff member or a willing and capable student tutor. During this alternative learning placement, students are also provided counseling services and/or social emotional development activities. Students must remain in a designated area with a designated teacher. Students are not allowed to leave the designated area unless escorted by a faculty or staff member.  Students are required to engage in Academic, Social Emotional and Community Service Activities while in Alternative Learning Environment. 


Out of School Suspension:  Although we believe strongly in keeping students in the learning community during the school day, we want to ensure the safety of everyone in our school.  If an individual poses a threat to themselves, others or compromises the learning community at large, WCHS reserves the right to assign an Out of School Suspension at the discretion of the Academy Leaders and/or  Head of School.

Providing due process, only Academy Leaders and Head of School may assign suspensions, short or long term.

Short Term Suspension
This is an out of school suspension that lasts between 1 and 5 days. 

Long-Term Suspension A Long-Term suspension is an out-of-school suspension which is 5 days or more (up to a year) due to severe infractions. Except in an emergency situation, prior to long term discipline of a student, an impartial hearing shall be conducted. 

Expulsion If a student commits any major infraction, which constitutes an immediate threat to the safety of the community, he or she may be expelled permanently from the school. In addition, any breaches of Federal Law, New York State Law, or New York City Law, may be handled by the New York Police Department and may result in expulsion. Expulsion is defined as permanent exclusion from the school.  Expulsion is an appropriate consequence when a student engages in disregard to the safety of others, and /or where it is necessary to safeguard the wellbeing of other students. 



Student Discipline Matrix

 

Infractions: The school will always use the Steps to Refocus Chart (p.22).

Academic Dishonesty: copying assignments, cheating on quizzes cheating on tests or exams, plagiarizing major projects or papers

Insubordination:(refusal to follow school rules)

Includes: 

  • Breach of Confidentiality
  • Disrespect of Peers
  • Disruptive Behavior
  • Refusal to Surrender Electronic Device
  • Elevator Violation
  • Forgery/Lying to School Faculty or Staff
  • Gambling
  • Littering
  • Misuse of Bathroom(Only 1 student is allowed to be in the bathroom at a time.)
  • Misuse of Computer ((hacking, violating copyright law, damaging equipment, etc.)
  • Profanity directed at faculty and/or using inappropriate language or profane language 
  • Skipping Detention
  • Verbal Fighting/ Arguments

Cutting:being anywhere other than assigned class without permission, or missing a substantial amount of class time due to unexcused lateness.

Uniform Violation

Please note: Students will be required to wear school issued garments if parent cannot bring appropriate uniform articles.


Includes:

Hats or Headgear

Non-Uniform Items

Inappropriate Attire 

Tardiness to class: Arriving 1 to 15 minutes late without a note. More than 15 minutes may equate to cutting class.  Reports will be run from attendance system.

Tardiness to school, pattern and/or persistent.  (Arriving anytime after 8:00 am)






Serious Infractions: The school will always use the Steps to Refocus Chart (p.22), based on the seriousness of the offense below, the school may recommend suspension.

  • Confirmed cases of bullying, intimidation, harassment, excessive teasing, threatening of peers, cyberbullying, sexting, improper use of social media or electronic means to bully or harass
  • Drugs or alcohol: possession or using  drugs and/or alcohol in school or school property or at any school related function. 
  • Possession of drug paraphernalia, electronic products, Vape pens, e-cigarettes, tobacco.
  • Fighting (physical), assault
  • Leaving School grounds
  • Prohibited items: Facsimile or toy of a weapon, firecrackers, poppers, pets, water balloons, etc. Any item that may cause a disruption to learning or endanger others. 
  • Safety, endangering the safety of student or staff (throwing objects and/or food, etc.)
  • Smoking, vaping, use of e-cigarettes on School grounds
  • Threatening assault of school personnel (verbal or physical)
  • Trespassing: Bringing outside visitors with malintent
  • Vandalism/Graffiti: defacing and/or destruction of personal or school property



Egregious Infractions: The school will always use the Steps to Refocus Chart (p.22), Based on the seriousness of the offense below, the school may recommend: Long Term Suspension, Expulsion and/or a Referral to Law Enforcement


  • Arson
  • Assault or Battery of School Personnel
  • Bomb Threat
  • Extortion
  • Tampering with Fire Alarm
  • Robbery
  • Weapon (possession or use of)
  • Gang related intimidation or harassment
  • Gang affiliated attire, gesturing and other related activity
  • Sexual Related Offenses:assault or battery, harassment, violation,
  • Pornography Distribution
  • Confirmed Cases of Bullying
  • Inappropriate use of electronics on School Grounds, 
  • Reckless endangerment; acting in a manner that may cause bodily injury to staff, students, or visitors and guests i.e. throwing material from windows, pushing on the stairways
  • Sale of drugs or alcohol
  • Theft/Burglary

Please note that your direct or indirect participation in any event relating to the above offenses can result in the most severe penalty. Self defense or self protection or preservation is not a valid excuse or justification for the offense.



 

Steps to Refocus Chart

At Williamsburg Charter High School  we understand that young people make mistakes, and it is the school’s role to support their socio-emotional growth as well as their academic growth. When our students make mistakes, our goal is to create opportunities for them to take accountability for their actions and correct their mistakes. As a school community, it is important that we all commit to steps to refocus our students and follow up with meaningful conversations, activities and accountability steps to ensure our students are supported in every way.  

 

Student

Teacher/Staff

Support Staff

Social Emotional Team

Respond appropriately to redirection


Reflection


Mediation


Participate in  restorative action, if applicable.

Redirect student toward more appropriate conduct


Restorative conversation and reflection


Call home


Referral

Redirect student toward more appropriate conduct. 


Restorative conversation and reflection.

Restorative conversation and reflection


Connect students with services, if applicable



School Steps to Follow Up 



Family Steps to Follow Up

  1. Notify the family
  2. Restorative activity
  3. Redirection toward more appropriate conduct ( ex: replacement of uniform)
  4. Connect student and family to services  in school and out of school
  5. Determine accountability steps:
    1. Family and team meeting
    2. Detention
    3. Suspension
    4. Recommendation for Long Term Suspension or Expulsion
  1. Respond to phone calls and correspondence from school
  2. Have restorative conversation with student
  3. Implement restorative activity at home
  4. Ensure student responds to schools accountability steps. 



Mediation Policy:

 

  • Student mediations may be requested by students and staff by emailing the Student Life Associates.
  • Mediation is held during designated time slots.

If an incident occurs that requires mediation- mediation staff will have 24 hours to get the mediation done. 

  • A Student Life Associate and an Intervention and Family Support Counselor or Guidance Counselor are expected to be present during each mediation. If needed an Academy Leader and/or  designee may also be asked to join. 
  • Parents will be contacted prior to all  mediations. If parents are not responsive to the call or email- staff will move forward with mediation but will document all attempts made to contact the parent- In powerschool.
  • During the mediation, the mediation leader will have all students sign the Mediation Agreement. 
  • After the mediation, the mediation leader will complete a  Post Mediation form detailing the outcome of the mediation. 
  • Parents should be called immediately after the mediation to discuss the outcome. This should also be noted in PowerSchool. 

 

Due Process Rights

Short Term Suspension

  1. In the case of a student orchestrated incident that violates the WCHS Core Values, the Academy Leader will interview all involved parties, review any evidence provided and ensure that the incident is properly documented in writing.
  2. A parent/ guardian will be contacted via letter and phone and invited to an informal conference about the incident via phone or in-person. During this meeting, the parent/ guardian will be presented the reasons for the removal from school and parents have a right to ask questions and review any related evidence. If a student is found to be responsible for the violation and suspension is decided,  parents will receive a formal letter.
  3. The Academy Leader will send written notification of the short term suspension to the parent or guardian to the last address reported on school records stating the causes leading to the suspension, the length of suspension, details for compensatory education, what the student must do to re-enter the WCHS community and the parent/ guardians’ right to request an appeal of the suspension.
  4. In the case that the Academy Leader or their designee is not able to reach a parent/ guardian via phone and/or email at the time of the incident, WCHS reserves the right to implement immediate action such as alternative learning environment based on the severity of the incident.  Any immediate  consequences will be determined at the discretion of the Academy Leader and/ or Head of School.  

Informal Conference:

When notified about a Short Term Suspension decision, a parent has the right to an informal conference. An In-Person Meeting is recommended, but a parent may request a phone conference to appeal. During this time, parents/ guardians are prohibited from  questioning other students as this action may be deemed as bullying or harassment and could impact the well-being of another student. Requests for appeals will be scheduled as soon as possible and normally within 5 days of assigned suspension. After reviewing the incident and any new information presented, Head of School will then revoke or continue any disciplinary action taken.


Re-entry from Short-Term Suspension:

All students who return from short term suspension must engage in a conference with the Social Emotional Team. During that meeting we will determine if a student will be placed on a Behavior or Academic Contract and/ or engage in additional restorative activities. 

Long-Term Suspension/Expulsion:

Except in an emergency situation, prior to a Long-Term Suspension or recommendation for expulsion of a student, an impartial hearing shall be conducted and governed by the procedure outlined below. Whenever an emergency exists, the hearing provided shall be held as soon as possible.

  1. The School will provide written notice to the parent or guardian within five (5) business days 72 hours of the incident of the date providing the time of the Impartial Hearing. The Impartial Hearing should occur within a reasonable amount of time of the incident and when all parties can convene but ideally within 10 days.
  2. The Hearing will be conducted by the Head of School’s Designee or Impartial Hearing Officer, who will call the meeting to order, introduce the parties and counsel where applicable.
  3. A parent may request to postpone the Hearing beyond the 10 days for a reasonable period to time to allow the parent and student to prepare their case. In such cases, if the student must remain out of school while awaiting the hearing, compensatory education will be provided. A student may be represented by counsel at the Hearing at the student’s/parent’s expense.  
  4. A verbatim record of the Hearing will be made either by a recording or by a stenographer.
  5. The charges will be introduced into the record by the Academy Leader or designee.
  6. Formal rules of evidence will not be followed. The Hearing Officer has the right to accept hearsay and other evidence if he or she deems that the evidence is relevant or material to its determination. 
  7. After the School has presented its case, the student will be asked if they have any witnesses or evidence to present. If so, the witness will be sworn, will testify, and will be subject to cross examination by the administration.
  8. In cases where the student denies the allegation, the Hearing Officer must determine whether the student committed the offense(s) as charged. 
  9. The Impartial Hearing will be a bifurcated hearing of the guilt phase and the penalty phase. 
  10. If the student is found guilty during the guilt phase of the Impartial Hearing, the Hearing Officer will deliberate on the disciplinary action to be imposed upon the student during the penalty phase of the Impartial Hearing. The Hearing Officer will review the student’s attendance record, academic record and behavior in the School community during its deliberations on the issue. Both positive and negative factors will be considered during the penalty deliberation phase.
  11. Evidence of past disciplinary problems, suspension or expulsion of a student, can be considered for Long-Term Suspension or Expulsion, but may only be considered in the determination of the length of the Long-Term Suspension or Expulsion and nature of alternative educational opportunity being offered.
  12. The Hearing Officer, after viewing the incident and the student’s records, will make a recommendation to the Academy Leader as to the appropriate discipline to be applied. 
  13. The Hearing Officer, shall make a finding as to the truth of these charges, if the student has denied them, whether the school has followed proper procedures, and in all cases the disciplinary action, if any, to be imposed. 
  14. In keeping with the Gun Free Schools Act, it shall be the policy of the School to expel a student for one full calendar year whenever the student is in possession of a firearm.  In this regard, the school has minimal discretion.
  15. The Hearing Officer shall report a recommendation to the Head of School. The Head of School will notify the Academy Leader of the final decision, and the Academy Leader will notify the student, the parent or guardian, within 10 days of the hearing. The notice will state the reasons on which the decision is based and the disciplinary actions to be imposed.  Said decision shall be based on the evidence presented at the hearing.
  16. If a student withdraws from school after having been notified that a Long-Term Suspension or Expulsion hearing is pending, the hearing will be cancelled. 
  17. A parent can appeal the Head of School’s decision to the Board of Trustees within ten days by writing and sending a letter to the Board of  Trustees Chairperson.
  18. If the parent is not satisfied with the decision of the Board of Trustees, they can contact the New York State Education Department

 

Rights of Students with Disabilities

Discipline Procedures

Discipline of a student with a disability will be consistent with federal and state laws and may be adjusted to reflect individual needs. Federal and state law protections will apply whether the disability has been formally identified by a Committee on Special Education or the parent has asserted the right to these protections and the School is deemed to have had knowledge of a disabling condition before the behavior occurred that is the subject of the disciplinary proceedings. The following guidelines will be followed:

1. A student whose Individualized Education Program (“IEP”) includes a behavior intervention plan which identifies specific consequences for certain kinds of conduct will be disciplined in accordance with the behavior intervention plan. If the behavior intervention plan appears not to be effective or if there is concern for the health and safety of the student or others, the student will be immediately referred to the CSE of the student’s school district of residence for review of the BIP and consideration of a change in the plan or change of placement.
     
2. A student whose IEP does not include specific disciplinary guidelines may be disciplined in accordance with standard school policy, but may not be suspended for ten days or more except as described in Paragraph 3, below.

3. If a student with a disability has been referred for suspension for a violation of the code of conduct punishable by more than ten days the School will immediately refer the student to the CSE for a Manifestation Determination Review (MDR) to determine whether the conduct which is the subject of the suspension is connected to the student’s disability. The School will notify the Parents about the suspension in writing and will also notify them of the referral to the Committee on Special Education and will provide them with access to the Procedural Safeguards Notice.  If a disciplinary removal in excess of ten days is contemplated, the School will also request that the CSE conduct a Functional Behavioral Assessment.

If a student identified as having a disability is suspended repeatedly and a further suspension might result in a total of more than ten days out of school during the school year, the student will be referred to the CSE for an MDR and for a Functional Behavioral Assessment or review of a current BIP. In considering the placement of a student referred because of a series of disciplinary problems, the CSE will be expected to follow its ordinary procedures with respect to parental notification and involvement. If the CSE finds that the conduct in question was caused by, or had a direct and substantial relationship to the child’s disability, the student will return to school and the School will work with the CSE to conduct a functional behavioral assessment on school premises. If appropriate, the School will also ask the CSE to consider a change of placement. If the behavior is not a manifestation of disability, the suspension may continue and the School will request that a Functional Behavioral Assessment be conducted if deemed appropriate by the CSE.

A student whose conduct is a manifestation of a disability will be returned to class as soon as possible (but should not exceed ten days in any event) unless his parents’ consent to a change of placement or unless he is found guilty of one of the following three offenses which are punishable by long-term suspension:

  • Carrying a weapon to or possessing a weapon at school, on school premises, or at a school function;
  • Knowingly possessing or using illegal drugs or selling or soliciting the sale of a controlled substance at school, on school premises, or at a school function;
  • Inflicting serious bodily injury upon another person, while at school, on school premises or at a school function.

 

If the Superintendent or other hearing officer appointed by the School finds that the Student was guilty of any of these three categories of offenses, the School will request that the CSE conduct a Functional Behavioral Assessment and will work with the CSE to transfer the student to an Interim Alternative Educational Setting for up to forty-five days. The CSE will arrange for instruction for the student in this alternative setting. The CSE will determine the amount and kind of the instruction to be provided. Instructional services should be adequate to enable the student to appropriately progress in the general curriculum and to achieve the goals of his or her IEP. If, upon review, it is determined that the child’s behavior was not a manifestation of his or her disability, the child may be disciplined in the same manner as a child without a disability.

Parents may challenge the manifestation determination. The Request will be made in accordance with procedures developed by the New York State Education Department for appeals from decisions of a Committee on Special Education. The student will remain in his or her current educational placement pending the determination of the hearing, but if the student is attending classes in an alternative setting at the time of the appeal from the manifestation determination, the student shall remain in the alternative educational setting pending the decision of the hearing officer or until the expiration of the time period provided for in the disciplinary action, whichever occurs first.

In the event that a student experiences that they have been wronged or otherwise unfairly treated by a staff or faculty member on or off of school grounds, students are encouraged to report their concern to an Academy Leader and/ or the Head of School. Students will be asked to submit a formal complaint in writing to their Academy Leader and/ or Head of School. This grievance will be investigated by the Academy Leader and/ or Head of School who will conduct the necessary follow up actions needed including contacting parents/ guardians, notifying the authorities and conducting restorative actions where possible. There may be a mediation process held by the Academy Leader and/or Head of School or their designee between the student and staff or faculty member if determined necessary and relevant. A summary of the event may be added to the file of the student and staff/ faculty member in question.

DASA REsources