Disciplinary Penalties

Procedures and Referrals

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 only when necessary and to place emphasis on the students’ ability to grow in self-discipline.

Disciplinary action, when necessary, will be firm, 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 consider the following:

1. The student’s age.
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. Other extenuating circumstances.

As a general rule, discipline will be progressive. This means that a student’s first violation will usually merit a lighter penalty than subsequent violations.
If the conduct of a student is related to a disability or suspected disability, the student shall be referred to the Committee on Special Education when required by law, and 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. A student identified as having a disability shall not be disciplined for behavior related to his/her disability, except to the extent permitted by law.

Whenever penalties are being imposed, parents are to be notified. If the violation occurred against another student, the parents or legal guardians of the offended student must be notified of the offence against their children. Only one custodial parent or guardian in either circumstance need be notified by the school.

Detention

After school detention is held Tuesday and Thursday from 3:20 PM – 5:00 PM. Students must report on time and be prepared to work quietly. After school detention assignments take precedence over all job obligations. Cutting detention will result in further disciplinary consequences. Lunch detention is held Monday–Friday during a student’s regular lunch period. Students will eat lunch and engage in quiet work.

In School Suspension (ISS)

A student subjected to an in-school suspension is not entitled to a full hearing pursuant to Education Law Section 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 suspension to discuss the conduct and the penalty involved. Students assigned I.S.S. are restricted from classes and movement throughout the building during the school day, as well as all after school activities and sports for the duration of the suspension through 7:55 a.m. of the date of the student’s return to school. Students assigned I.S.S. should exit school no later than 3:20 p.m. while suspended. Failure to do so will be considered trespassing and result in criminal prosecution.

Out Of School Suspension (OSS)

When the superintendent or principal (referred to as the “suspending authority”) proposes to suspend a student charged with misconduct for five days of less pursuant to Education Law Section 3214(3), the suspending authority must immediately notify the student orally. If the student denies the misconduct, the suspending authority must provide an explanation of the basis for the proposed suspension. The suspending authority must also notify the student’s parents in writing that the student may be suspended from school. 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 propose suspension at the last known address for 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 the parents. The offenses that a student could be suspended out-of-school for include, but are not limited to: Level 3 and 4 infractions, and repeated Level 2 infractions. In some circumstances, a parent conference may be required before the student returns to school. Students assigned O.S.S. are restricted from school and all school activities for the duration of the suspension, through 7:55 a.m. of the date of the student’s return to school. Students entering BKW school property while suspended from school will be considered trespassing and subject to criminal prosecution.

Suspension From Transportation

A student subjected to a suspension from transportation is not entitled to a full hearing pursuant to Education Law Section 3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the building principal or the principal’s designee to discuss the conduct and the penalty involved.

Suspension From Athletic Participation, Extra-Curricular Activities and Other Privileges

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 Section 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 and the penalty involved.