Code of Conduct
I. INTRODUCTION
In order to provide parents and students with a clear statement of what is and what is not acceptable conduct in the School setting, the School has adopted the code of conduct included in the Citywide Behavioral Expectations to Support Student Learning (hereafter referred to as the Citywide Behavioral Expectations, or simply, the Code of Conduct). The New York City Department of Education has prepared codes for Grades K-5 and Grades 6-12. These codes of conduct are applicable to all public schools in New York City and all nonpublic schools that contract with the Department of Education. The codes have been adopted by The Child School with special attention to the needs of Child School students and their Individual Educational Programs (IEP’s). Copies of the codes are distributed to all families at The Child School/Legacy High School and can also be found at the following links on the Internet:
Citywide Behavioral Expectations to Support Student Learning Grades K–5
Citywide Behavioral Expectations to Support Student Learning Grades 6–12
The codes of conduct apply to behavior in all school buildings, during school hours and before and after school; while traveling on school buses; at all school sponsored events; and on other than school property, including all of Roosevelt Island, when such behavior negatively affects the educational process or endangers the health, safety or welfare of the school community.
When misbehavior involves communication, gestures or expressive behavior, the infraction applies to oral, written or electronic communications, including but not limited to texting, emailing and social networking.
Whenever the term Parent is used in this Guidance, it refers to parents, guardians, or any person in a parental or custodial relationship to the child. It also refers to those who temporarily have parental responsibilities for a student at the Child School/Legacy High School.
II. STUDENT RIGHTS AND RESPONSIBILITIES
The Child School/Legacy High School is committed to safeguarding student rights. The Citywide Behavioral Expectations includes a Bill of Student Rights and Student Responsibilities. Parents and students are encouraged to look carefully at this document and to speak to your counselor if you have questions about them.
The Citywide Behavioral Expectations also includes a clear statement of the School’s Dignity for All Students Act (DASA) policy prohibiting bullying and bias-based harassment. Bullying and harassment include behavior that targets individuals because of actual or perceived race, color, weight, national origin, ethnic group, immigration status, religion, religious practice, disability, sexual orientation, gender, gender identity, or sex.
Any student or parent who believes that the School has violated the rights of student or parent, either to an appropriate education, to freedom of speech or expression, to due process and fairness in discipline, to privacy or to record access should report such violation to the Executive Director of the School, a Program Director, a counselor or a member of the Behavior Support Staff.
Any student who believes that he or she has been the victim of discrimination, harassment, intimidation, and/or bullying by another student or by a school employee or visitor to the School should report the incident to a member of the Behavior Support Staff who will take immediate steps to address the problem and will, within 48 hours, report the complaint to the Program Director
All reports of violation of student rights and all reports of harassment, discrimination, and/or bullying behavior will be promptly investigated, and efforts will be made to achieve full resolution.
III. REPORTING VIOLATIONS OF THE CODE OF CONDUCT
Teachers and other School employees will enforce the Code of Conduct in their own classrooms.
Teachers or other School employees who become aware of a violation that may endanger a child’s safety or welfare, or the safety or welfare of others, will immediately report the incident to their Program Director. The Program Director will notify parents and, following consultation with the Executive Director, may also notify the Committee on Special Education.
If a student observes another student possessing a weapon, as such term is defined in the Citywide Behavioral Expectations; something that looks like a weapon; or something that can be used as a weapon, the student must report this information immediately to a teacher, administrator or other school employee. Any such object will be confiscated, followed by notification to the parent of the student and appropriate disciplinary action.
If a student observes another student possessing or using or exchanging alcohol, or an illegal drug, including prescription drugs used without supervision, or cigarettes or electronic cigarettes, e-vaporizers, or other vaping devices on school property, at a school function, or on Roosevelt Island, the student shall report this information immediately to a teacher, administrator or other school employee. Alcohol or drugs or electronic vaping devices found on School property will be confiscated immediately, followed by notification of the parent of the student and appropriate disciplinary action.
The School will notify the appropriate local law enforcement agency of any conduct that may constitute a crime and that substantially affects the order or security of the school. This will be done as soon as reasonably practical after other actions are taken to address the incident and the needs of the student involved in the incident and the needs of the other children in the school.
IV. DISCIPLINARY PROCEDURES AND PENALTIES
Students with special educational needs are entitled to specific procedural protections under the Individuals with Disabilities Education Act (the IDEA). All students at the Child School have Individualized Education Programs (IEP’s) and so all children at the Child School are entitled these protections.
A Manifestation Determination Review (MDR) will be requested whenever a student’s conduct that is in violation of the Code of Conduct is sufficiently disruptive to warrant a long-term suspension or a series of short-term suspensions amounting to more than ten consecutive school days in a 40 school-day period or more than ten days over the course of the school year if the suspensions are found by the Program Director to constitute a “pattern of removals.”. If the Committee on Special Education determines that the student’s behavior is a manifestation of the student’s disability, the student will not be disciplined for the behavior, unless the behavior involves drugs or weapons on school property or at a school function or the behavior resulted in serious bodily injury to another person.
The special protections afforded to students with disabilities are described in the Citywide Behavioral Expectations, on pages 21 and 22. You may also request a copy of the New York State Procedural Safeguards for additional information about your rights in disciplinary proceedings from the Committee on Special Education or find it on line at:
The State Education Department Website provides the New York State Procedural Safeguards in English, Spanish, Haitian, Korean and Russian.
Teachers will respond in individualized ways to most violations of the Behavioral Expectations. Under certain circumstances, if a student is disruptive and interfering with the orderly operation of the class, the teacher, together with the Program Director, may ask a child to leave the classroom.
If there are a series of disciplinary problems which suggest that The Child School /Legacy High School is not meeting the needs of the child, the Program Director, following consultation with the Executive Director, will prepare a referral to the Committee on Special Education.
Short Term (Five Days or Less) Suspension from School
In addition to the above, a Program Director may suspend a student for 1 to 5 school days for behavior which violates the Citywide Behavioral Expectations and presents a danger of physical injury to the student, other students or school personnel, or prevents the orderly operation of classes or other school activities. Reasonable efforts will be made to address inappropriate behavior through supports and interventions prior to imposing a 1 to 5-day suspension.
Before a student is suspended, the following steps will be followed:
a. The Program Director will review the student’s record in order to determine the number of days that the student has been suspended since the beginning of the academic year. If the proposed suspension would bring the number of days out of school to more than ten in a 40 day period, the Program Director will refer the student to the CSE for a Manifestation Determination Review (MDR), and, until the review is completed, the student will return to class. If the suspension would bring the number of days out of school to more than ten over the course of the year, the Program Director will determine whether there is a “pattern of removals” that constitute a change in placement. If there is, the Program Director will refer the student to the CSE for an MDR.
b. If an MDR is not needed, the Program Director will invite the student to discuss the conduct, to determine whether the allegations are true, and if so, whether there is a reasonable explanation.
c. If after a meeting with the student, the Program Director deems a suspension to be appropriate, the School will notify parents by phone and by letter that suspension procedures are being initiated. The Program Director will offer parents an opportunity to request an informal conference. However, if the conduct creates a clear and present danger of physical injury to the student or to other students or is substantially disruptive of school routines, the student may be suspended immediately.
d. The suspension letter sent to parents will provide notice of plans for alternative instruction after regular school hours at The Child School during the period of suspension. Parents will be advised that they will be reimbursed for additional transportation expenses connected with alternative instruction.
e. If the Program Director determines that the student must be suspended from school for a period which will cumulatively equal ten (10) days, then the Executive Director may refer the student to the CSE for consideration of a change of placement.
If the Executive Director determines that the student’s behavior indicates that his or her continued presence in the school will create a substantial risk of physical injury to himself herself or to others, the school will bring this information to the CSE and request that the CSE establish an alternative educational placement, pending further CSE review. If parents decline to consent to this change of placement, the School will request that the CSE initiate an expedited impartial review. The School will be prepared to testify, with respect to its concerns and its recommendations for alternative placement.
Long Term (More Than Five Days) Suspension from School
A suspension by the Executive Director, following a hearing, may result in a period of suspension that exceeds five school days and may be sought for behavior for which a Superintendent’s Suspension is authorized in the Citywide Behavioral Expectations.
When the Executive Director determines that a suspension for more than five days may be warranted, the School shall give written notice in writing to student and parents of their right to a formal disciplinary hearing. The notice shall set forth the specific charges against the student, the date, time and place of the hearing, the student’s right to be represented by counsel, the right to question witnesses against the student, the right to a translator if necessary, and the right to present witnesses and other evidence on the student’s behalf.
The following procedures shall be followed:
a. The Executive Director will notify the Committee on Special Education and will ask the CSE to schedule a Manifestation Determination Review.
b. The Executive Director shall appoint a hearing officer to hear and determine the proceeding. The hearing officer shall be authorized to administer oaths and to issue subpoenas. A record of the hearing shall be maintained by tape recording. The School may be represented at the hearing by its attorney, who will present the charges against the student.
c. The student’s full disciplinary record will be made available to parents for review. If the Hearing Officer determines that the student is guilty of the conduct which is the subject of the hearing, the Hearing Officer will review the student’s disciplinary record and will give the parents the opportunity to comment on it. The Hearing Officer will then recommend an appropriate penalty to the Executive Director.
d. Parents and students may contact the Executive Director and the Committee on Special Education for further information concerning what to expect at a hearing and for further information concerning rights accorded by the IDEA to students with educational disabilities.
e. If the Committee on Special Education determines that the behavior which is the subject of the hearing was a manifestation of the student’s disability, the student will return to class. The Hearing Officer may, however, recommend suspension for a child who possesses a weapon or drugs on school property or who has caused another individual serious bodily harm, for up to forty-five days whether or not the conduct was a manifestation of the student’s disability.
f. If the Hearing Officer determines that the student’s behavior indicates that his or her continued presence in the school will create a substantial risk of physical injury, the school will bring this information to the CSE and request that the CSE establish an alternative educational placement. If parents decline to consent to this change of placement, the School will request that the CSE initiate an expedited impartial review. The School will be prepared to testify, with respect to its concerns and its recommendations for alternative placement.
V. ALTERNATIVE INSTRUCTION
When a child is removed from class by a teacher or is suspended from school, The Child School/Legacy High School will take prompt steps to provide alternative instruction. Instruction may be provided within the building or a referral may be made to the Committee on Special Education for an interim alternative educational setting (IAES). The IAES may be home instruction or an alternative classroom setting.
Subject to specified conditions required by federal and state law and regulations, an impartial hearing officer may also order placement in an IAES for up to 45 days at a time, if maintaining the student in The Child School/Legacy High School poses a risk of harm to the student or others.
The CSE will also conduct or ask the School to conduct a “functional behavioral assessment” to review the child’s “behavioral intervention plan.”
VI. EXPEDITED DUE PROCESS HEARINGS
An expedited due process hearing before an impartial hearing officer may be conducted, if
a. The CSE and The Child School/Legacy High School believe that it is dangerous for the student to stay at The Child School/Legacy High School during the CSE review process.
b. The parent disagrees with the CSE about whether or not the student’s behavior is “a manifestation of the student’s disability,” or disagrees about a recommendation of the CSE to change the child’s placement to a new school setting or to an IAES.
VII. CODE OF CONDUCT FOR PARENTS AND VISITORS
1. All visitors to the school must report to the front office upon arrival at the school. There they will be required to sign the visitors’ register and will be issued a visitor’s identification pass, which must be carried while the visitor is in the school and returned to the school’s office before the visitor leaves.
2. Parents or guests who wish to observe a classroom while school is in session are required to arrange such visits in advance with the Program Director.
3. Teachers are expected not to take class time to discuss individual matters with visitors.
4. Parents are expected to behave in a civil manner in all conferences with teachers or administrators. If a Parent engages in threatening or abusive language or behavior, the conference will be terminated and Parent will be asked to leave the premises.
5. Any unauthorized person on school property will be reported to the Program Director or the Executive Director and asked to leave. The police may be called if the situation warrants.
6. All visitors are expected to abide by the rules for public conduct on school property contained in this Code of Conduct.
Prohibited Conduct
In order to create and maintain a safe, orderly, respectful environment that is conducive to learning, the School establishes the following rules for conduct on school property, at school functions and on Roosevelt Island by persons other than students. Visitors to the School may not:
1. intentionally injure any person or threaten to do so.
2. use threatening or uncivil language in a discussion with a teacher or administrator.
3. intentionally damage or remove public or private property.
4. disrupt the orderly conduct of classes, school programs or other school activities.
5. 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.
6. intimidate, harass or discriminate against any person on the basis of actual or perceived race, color, weight, national origin, ethnic group, immigration status, religion, religious practice, disability, sexual orientation, gender, gender identity, or sex.
7. enter any portion of the school premises without authorization or remain in the building after it is normally closed.
8. obstruct the free movement of any person.
9. violate the traffic laws, parking regulations or other restrictions on vehicles.
10. possess, consume, sell, distribute or exchange alcoholic beverages, controlled substances or illegal drugs, or be under the influence of any of the foregoing.
11. smoke or use tobacco products including electronic cigarettes or vaping devices of any kind.
12. possess, display, use or threaten to use a weapon, except in the case of law enforcement officers.
13. loiter on or about school property or Roosevelt Island.
14. refuse to comply with any lawful order of identifiable School officials performing their duties.
15. willfully incite others to commit any of the acts prohibited by this Code.
16. violate any federal or state statute, local ordinance.
Persons who violate this code shall be directed to leave the premises. If they refuse to leave, they shall be subject to ejection. Where appropriate, visitors may be barred from future access to school property or school functions.
Dissemination and Review of Code of Conduct
The School will work to ensure that the community is aware of the Citywide Behavioral Expectations and the procedures described in this Memo by:
1. Providing copies of the Citywide Behavioral Expectations to all families at the beginning of each school year and publishing this Guidance Memo in the High School Student Handbook annually.
2. Providing all current teachers and other staff members with a copy of the Citywide Behavioral Expectations and further publishing summary information in the staff handbook annually.
3. Providing all new employees with a copy of the Citywide Behavioral Expectations and this guidance memo when they are first hired.
4. Filing a copy of the Citywide Behavioral Expectations in the school, where it will be available for review by students, parents and other community members, upon request.
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For Students: How to Get Help or Report: If you are being bothered or bullied by another student or group of students, please let us know immediately so that we can take steps to help. The person to talk to is a member of the Behavior Support Staff. He/she will take appropriate action. If a staff member’s conduct makes you afraid or nervous for any reason, you may contact the Program Director who will immediately consult with the Executive Director. Also, let your Parent know about your concerns so that if a problem is not immediately resolved, your parent can speak with the Program Director or Executive Director directly.
This code complies with the Individuals with Disabilities Education Act § 1415(k); 34 CFR §300.530– 300.535; NY Education Law § 3214; NY Education Law §2801; New York Education Law Article 2; 8 NYCRR § 100.2(l) (School Conduct and Discipline); 8 NYCRR § 100.2 (jj)(Dignity Act); and 8 NYCRR ,Part 201(Procedural Safeguards for Students with Disabilities Subject to Discipline).
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