School staff may use substances like pepper spray to subdue a student in an emergency situation.

BGLIG Student Code of Discipline - 2019-2020

I. Introduction

The Board of Trustees (the “Board”) of The Bronx Global Learning Institute for Girls (“BGLIG”) is committed to providing a safe and orderly school environment where students may receive and BGLIG personnel may deliver quality educational services without disruption or interference. Responsible behavior by students, teachers, other personnel, parents and other visitors is essential to achieving this goal.

BGLIG has high expectations for conduct on school property and at school functions. These expectations are based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty and integrity. The board recognizes the need to clearly define these expectations for acceptable conduct on school property, to identify the possible consequences of unacceptable conduct, and to ensure that discipline when necessary is administered promptly and fairly. To this end, the board adopts this code of conduct (“code”).

Unless otherwise indicated, this code applies to all students, school personnel, parents and other visitors when on school property or attending a school function.

II. Definitions

For purposes of this code, the following definitions apply.

“Disruptive student” means a student who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom.

“Parent” means a parent, guardian or person in parental relation to a student.

“School property” means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a school, or in or on a school bus.

“School function” means any school-sponsored extra-curricular event or activity.

“Violent student” means a student who:

1.     Commits an act of violence upon a school employee, or attempts to do so.

2.     Commits, while on school property or at a school function, an act of violence upon another student or any other person lawfully on school property or at the school function, or attempts to do so.

3.     Possesses, while on school property or at a school function, a weapon.

4.     Displays, while on school property or at a school function, what appears to be a weapon.

5.     Threatens, while on school property or at a school function, to use a weapon.

6.     Knowingly and intentionally damages or destroys the personal property of any school employee or any person lawfully on school property or at a school function.

7.     Knowingly and intentionally damages or destroys school property.

“Weapon” means a firearm as defined in 18 USC §921 for purposes of the Gun-Free Schools Act. It also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger, dirk, razor, stiletto, switchblade knife, gravity knife, brass knuckles, sling shot, metal knuckle knife, box cutter, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper spray or other noxious spray, explosive or incendiary bomb, or other device, instrument, material or substance that can cause physical injury or death when used to cause physical injury or death.

III. Student Rights and Responsibilities

A. Student Rights

BGLIG is committed to safeguarding the rights given to all students under applicable state and federal law. In addition, to promote a safe, healthy, orderly and civil school environment, all students have the right to:

1.     Take part in all BGLIG activities on an equal basis regardless of race, color, creed, national origin, religion, gender or sexual orientation or disability.

2.     Present their version of the relevant events to school personnel authorized to impose a disciplinary penalty in connection with the imposition of the penalty.

3.     Access school rules and, when necessary, receive an explanation of those rules from school personnel.

Code of Conduct

B. Student Responsibilities

All BGLIG students have the responsibility to:

1.     Contribute to maintaining a safe and orderly school environment that is conducive to learning and to show respect to other persons and to property.

2.     Be familiar with and abide by all BGLIG policies, rules and regulations dealing with student conduct.

3.     Attend school every day unless they are legally excused and be in class, on time, and prepared to learn.

4.     Work to the best of their ability in all academic and extracurricular pursuits and strive toward their highest level of achievement possible.

5.     React to direction given by teachers, administrators and other school personnel in a respectful, positive manner.

6.     Work to develop mechanisms to control their anger.

7.     Ask questions when they do not understand.

8.     Seek help in solving problems that might lead to discipline.

9.     Dress appropriately for school and school functions.

10.  Accept responsibility for their actions.

11.  Conduct themselves as representatives of BGLIG when participating in or attending school-sponsored extracurricular events and to hold themselves to the highest standards of conduct, demeanor, and sportsmanship.

IV. Essential Partners of BGLIG

A. Parents

All parents are expected to:

1.     Recognize that the education of their child is a joint responsibility of the parent and the school community.

2.     Send their children to school ready to participate and learn.

3.     Ensure their children attend school regularly and on time.

4.     Ensure absences are excused and follow the school’s attendance policy.

5.     Insist their children be dressed in proper school uniform and groomed in a manner consistent with the student dress code.

6.     Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly environment.

7.     Know school rules and help their children understand them.

8.     Maintain a climate of mutual respect and dignity.

9.     Convey to their children a supportive attitude toward education and BGLIG.

10.  Build good relationships with teachers, other parents and their children’s friends.

11.  Help their children deal effectively with peer pressure.

12.  Inform school officials of changes in the home situation that may affect student conduct or performance.

13.  Provide a place for study and ensure homework assignments are completed.

B. Teachers

All BGLIG teachers are expected to:

1.     Maintain a climate of mutual respect and dignity, which will strengthen students’ self-concept and promote confidence to learn.

2.     Be prepared to teach.

3.     Demonstrate interest in teaching and concern for student achievement.

4.     Know school policies and rules, and enforce them in a fair and consistent manner.

5.     Communicate to students and parents:

a.     Course objectives and requirements

b.     Marking/grading procedures

c.     Assignment deadlines

d.     Expectations for students

e.     Classroom discipline plan.

6.     Communicate regularly with students, parents and other teachers concerning growth and achievement.

C. Principal

1.     Promote a safe, orderly and stimulating school environment, supporting active teaching and learning.

2.     Ensure that students and staff have the opportunity to communicate regularly with the principal and approach the principal for redress of grievances.

3.     Evaluate on a regular basis all instructional programs.

4.     Support the development of and student participation in appropriate extracurricular activities.

5.     Be responsible for enforcing the code of conduct and ensuring that all cases are resolved promptly and fairly.

D. BGLIG’s Executive Director

1.     Promote a safe, orderly and stimulating school environment, supporting active teaching and learning.

2.     Review with BGLIG administrators the policies of the Board and state and federal laws relating to school operations and management.

3.     Inform the board about educational trends relating to student discipline.

4.     Work to create instructional programs that minimize problems of misconduct and are sensitive to student and teacher needs.

5.     Review at least annually BGLIG’s code of conduct to evaluate the code’s effectiveness and the fairness and consistency of its implementation.

6.     Work with BGLIG Principals in enforcing the code of conduct and ensuring that all cases are resolved promptly and fairly.

E. Board of trustees

1.      Collaborate with student, teacher, administrator, and parent organizations; school safety personnel; BGLIG’s management partner; and other school personnel to develop a code of conduct that clearly defines expectations for the conduct of students, personnel and visitors on school property and at school functions.

2.      Lead by example by conducting board meetings in a professional, respectful, courteous manner.

V. Student Dress Code

All students are expected to give proper attention to personal cleanliness and to dress appropriately for school and school functions. BGLIG has adopted a school uniform dress code for its students.  Each student must wear the school uniform throughout the entire school day unless otherwise instructed by a staff member. Students and their parents have the primary responsibility for ensuring that the student is dressed in the school uniform every day. Teachers and all other BGLIG personnel should exemplify and reinforce acceptable student dress and help students develop an understanding of appropriate appearance in the school setting.

The principals or his/her designees shall be responsible for informing all students and their parents of the student dress code at the beginning of the school year and any revisions to the dress code made during the school year.

Students who violate the student dress code shall be required to modify their appearance by covering or removing the offending item and, if necessary or practical, replacing it with an acceptable item. Any student who refuses to do so shall be subject to discipline.

VI. Prohibited Student Conduct

The Board expects all students to conduct themselves in an appropriate and civil manner, with proper regard for the rights and welfare of other students, personnel and other members of the school community, and for the care of school facilities and equipment.

The best discipline is self-imposed, and students must learn to assume and accept responsibility for their own behavior, as well as the consequences of their misbehavior.  BGLIG 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.

The Board recognizes the need to make its expectations for student conduct while on school property or engaged in a school function specific and clear. The rules of conduct listed below are intended to do that and focus on safety and respect for the rights and property of others. Students who will not accept responsibility for their own behavior and who violate these school rules will be required to accept the penalties for their conduct.

The School administrators shall administer comparable disciplinary procedure for Code of Conduct violations that take place at school functions (i.e., school-sponsored or school authorized extracurricular event or activity) or on school property (i.e., school bus) in accordance with BGLIG rules and the NYC Citywide Behavioral Expectations to Support Student Learning. (Student Intervention and Discipline Code and Bill of Student Rights and Responsibilities, K-12).

Students may be subject to disciplinary action, up to and including expulsion from school, when they:

A. Engage in conduct that is disorderly. Examples of disorderly conduct include:

1.     Running in hallways.

2.     Making unreasonable noise.

3.     Using language or gestures that are profane, lewd, vulgar or abusive.

4.     Obstructing vehicular or pedestrian traffic.

5.     Engaging in any willful act, which disrupts the normal operation of the school community.

6.     Trespassing. Students are not permitted in any school building, other than the one they regularly attend, without permission from the administrator in charge of the building.

7.     Computer/electronic communications misuse, including any unauthorized use of computers, software, or internet/intranet account; accessing inappropriate websites; or any other violation of BGLIG’s acceptable use policy.

B. Engage in conduct that is insubordinate. Examples of insubordinate conduct include:

1.     Failing to comply with the reasonable directions of teachers, school administrators or other school employees in charge of students or otherwise demonstrating disrespect.

2.     Lateness for, missing or leaving school without permission.

3.     Skipping detention.

C. Engage in conduct that is disruptive. Examples of disruptive conduct include:

1.     Failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of students.

D. Engage in conduct that is violent. Examples of violent conduct include:

1.     Committing an act of violence (such as hitting, kicking, punching, and scratching) upon a teacher, administrator or other school employee or attempting to do so.

2.     Committing an act of violence (such as hitting, kicking, punching, and scratching) upon a student or any other person lawfully on school property or attempting to do so.

3.     Possessing a weapon. Authorized law enforcement officials are the only persons permitted to have a weapon in their possession while on school property or at a school function.

4.     Displaying what appears to be a weapon.

5.     Threatening to use any weapon.

6.     Intentionally damaging or destroying the personal property of a student, teacher, administrator, other employee or any person lawfully on school property, including graffiti or arson.

7.     Intentionally damaging or destroying BGLIG property.

E. Engage in any conduct that endangers the safety, morals, health or welfare of others. Examples of such conduct include:

1.     Lying to school personnel.

2.     Stealing the property of other students, school personnel or any other person lawfully on school property or attending a school function.

3.     Defamation, which includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them.

4.     Discrimination, which includes the use of race, color, creed, national origin, religion, gender, sexual orientation or disability as a basis for treating another in a negative manner.

5.     Harassment, which includes a sufficiently severe action or a persistent, pervasive pattern of actions or statements directed at an identifiable individual or group which are intended to be or which a reasonable person would perceive as ridiculing or demeaning.

6.     Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm.

7.     Hazing, which includes any intentional or reckless act directed against another for the purpose of initiation into, affiliating with or maintaining membership in any school sponsored activity, organization, club or team.

8.     Selling, using or possessing obscene material.

9.     Using vulgar or abusive language, cursing or swearing.

10.  Smoking a cigarette, cigar, pipe or using chewing or smokeless tobacco.

11.  Possessing, consuming, selling, distributing or exchanging alcoholic beverages or illegal substances, or being under the influence of either.  “Illegal substances” include, but are not limited to, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, and any substances commonly referred to as “designer drugs.”

12.  Inappropriately using or sharing prescription and over-the-counter drugs.

13.  Gambling.

14.  Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner.

15.  Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.

F. Engage in misconduct while on a school bus

It is crucial for students to behave appropriately while riding on school buses to ensure their safety and that of other passengers and to avoid distracting the bus driver. Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Excessive noise, pushing, shoving, cursing, threatening and fighting will not be tolerated.

G. Engage in any form of academic misconduct. Examples of academic misconduct include:

1.     Plagiarism.

2.     Cheating.

3.     Copying.

4.     Altering records.

5.     Assisting another student in any of the above actions.

VII. Reporting Violations

All students are expected to promptly report violations of the code of conduct to a teacher, principals, Executive Director or his/her designees. Any student observing a student possessing a weapon, alcohol or illegal substance on school property or at a school function shall report this information immediately to a teacher, principals, the principals’ designees, Executive Director or the Board.

All BGLIG staff that is authorized to impose disciplinary sanctions are expected to do so in a prompt, fair and lawful manner. BGLIG staff who are not authorized to impose disciplinary sanctions are expected to promptly report violations of the code of conduct to their supervisor, who shall in turn impose an appropriate disciplinary sanction, if so authorized, or refer the matter to a staff member who is authorized to impose an appropriate sanction.

Any weapon, alcohol or illegal substance found shall be confiscated immediately, if possible, followed by notification to the parent of the student involved and the appropriate disciplinary sanction if warranted, which may include permanent suspension and referral for prosecution.

The principals or his/her designees must notify the appropriate local law enforcement agency of those code violations that constitute a crime and substantially affect the order or security of BGLIG as soon as practical, but in no event later than one business day after the principal or his or her designee learns of the violation. The notification may be made by telephone, followed by a letter mailed on same day as the telephone call is made. The notification must identify the student and explain the conduct that violated the code of conduct and constituted a crime.

VIII. 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 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.

A. Penalties

Students who are found to have violated BGLIG’s code of conduct may be subject to the following penalties, either alone or in combination. The school personnel identified after each penalty are authorized to impose that penalty, consistent with the student’s right to due process.

1.     Oral warning – any member of BGLIG staff

2.     Written warning – teachers, principal

3.     Written notification to parent – teachers, principals

4.     Detention – teachers, principal

5.     Suspension from transportation – Principals, Executive Director

6.     Referrals – teachers, principal, Executive Director, Board

7.     Suspension from social or extracurricular activities – Principals, Executive Director

8.     Suspension of other privileges – teachers, principal

9.     In-school suspension – principal

10.  Removal from classroom by teacher – teachers, principal

11.  Short-term (five days or less) suspension from school – principal, Principals, Executive Director Board

12.  Long-term (more than five days) suspension from school – principal, Principals, Executive Director Board

13.  Expulsion – Board

B. Procedures

The amount of due process a student is entitled to receive before a penalty is imposed depends on the penalty being imposed. In all cases, regardless of the penalty imposed, the school personnel authorized to impose the penalty must inform the student of the alleged misconduct and must investigate, to the extent necessary, the facts surrounding the alleged misconduct. All students will have an opportunity to present their version of the facts to the school personnel imposing the disciplinary penalty in connection with the imposition of the penalty.

School administrators shall adopt the following due process procedures

·       Student shall have an opportunity to present his/her version of the facts

·       School administrator shall conduct an investigation and consult with witnesses.

·       Upon a determination that a violation has been committed school administrator shall provide the parent/guardian of the student with a summary of incident and the form of discipline to which the student shall be subject.

·       Parent may arrange a Principal/Parent Conference to discuss the Code of Conduct violation and the school administrator’s determination

·       Parent may elect to appeal school administrator’s determination and form of discipline by submitting a letter of appeal to the Executive Director

·       Parent may elect to appeal school’s Executive Directors determination and form of discipline by submitting a letter of appeal to the School Board of Trustees

Students who are to be given penalties other than an oral warning, written warning or written notification to their parents are entitled to additional rights before the penalty is imposed. These additional rights are explained below.

1. Detention

Teachers and the principal may use after school detention or lunch detention as a penalty for student misconduct in situations where removal from the classroom or suspension would be inappropriate. Detention will be imposed as a penalty only after the student’s parent has been notified to confirm that there is no parental objection to the penalty and the student has appropriate transportation home following detention.

2. Suspension from transportation

If a student does not conduct himself/herself properly on a bus, the bus driver is expected to bring such misconduct to the principal’s attention. Students who become a serious disciplinary problem may have their riding privileges suspended by the NYC Department of Education, principals or his/her designees. In such cases, the student’s parent will become responsible for seeing that his or her child gets to and from school safely.

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

3. Suspension from extra curricular activities and other privileges

A student subjected to a suspension from extra-curricular activities or other privileges is not entitled to a full hearing pursuant to Education Law §3214.  However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with BGLIG official imposing the suspension to discuss the conduct and the penalty involved.

4. In-school suspension

The Board recognizes the school must balance the need of students to attend school and the need for order in the classroom to establish an environment conducive to learning.  As such, the board authorizes the principals to place students who would otherwise be suspended from school as the result of a code of conduct violation in “in-school suspension.” 

A student subjected to an in-school suspension is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with BGLIG official imposing the in-school suspension to discuss the conduct and the penalty involved.

5. Teacher disciplinary removal of disruptive students

A student’s behavior can affect a teacher’s ability to teach and can make it difficult for other students in the classroom to learn. In most instances the classroom teacher can control a student’s behavior and maintain or restore control over the classroom by using good classroom management techniques.  These techniques may include practices that involve the teacher directing a student to briefly leave the classroom to give the student an opportunity to regain his or her composure and self-control in an alternative setting. Such practices may include, but are not limited to: (1) short-term “time out” in another classroom or in an administrator’s office; (2) talking with the student in the hallway briefly; (3) sending a student (escorted by an adult) to the principal’s office for a brief period of time; or (4) sending a student to another appropriate BGLIG staff member for brief counseling. Time-honored classroom management techniques such as these do not constitute disciplinary removals for purposes of this code.

On occasion, a student’s behavior may become disruptive.  For purposes of this code of conduct, a disruptive student is a student who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom. A substantial disruption of the educational process or substantial interference with a teacher’s authority occurs when a student demonstrates a persistent unwillingness to comply with the teacher’s instructions or repeatedly violates the teacher’s classroom behavior rules.

A classroom teacher may remove a disruptive student from class for up to two days.  The removal from class applies to the class of the removing teacher only.

If the disruptive student does not pose a danger or on-going threat of disruption to the academic process, the teacher must provide the student with an explanation for why he or she is being removed and an opportunity to explain his or her version of the relevant events before the student is removed. Only after the informal discussion may a teacher remove a student from class.

If the student poses a danger or ongoing threat of disruption, the teacher may order the student to be removed immediately. The teacher must, however, explain to the student why he or she was removed from the classroom and give the student a chance to present his or her version of the relevant events within 24-hours.  If a teacher orders a student to be removed immediately, the student will be sent to the principal/or guidance counselor depending on the nature of the incident.

The teacher must complete a school-established disciplinary removal form and meet with the principal or his designee as soon as possible, but no later than the end of the school day, to explain the circumstances of the removal and to present the removal form. If the principal or designee is not available by the end of the same school day, the teacher must leave the form with the secretary and meet with the principal or designee prior to the beginning of classes on the next school day.

Within 24-hours after the student’s removal, the principals or another BGLIG administrator/staff designated by the principals must notify the student’s parents, in writing, that the student has been removed from class and why. The notice must also inform the parent that he or she has the right, upon request, to meet informally with the principal or the principal’s designee to discuss the reasons for the removal.

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 student’s removal 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 parents.

The principal may require the teacher who ordered the removal to attend the informal conference.

If at the informal meeting the student denies the charges, the principal or the principal’s designee must explain why the student was removed and give the student and the student’s parents a chance to present the student’s version of the relevant events. The informal meeting must be held within 48 hours of the student’s removal. The timing of the informal meeting may be extended by mutual agreement of the parent and principal.

The principals or the principals’ designee may overturn the removal of the student from class if the principal finds any one of the following:

1.     The charges against the student are not supported by substantial evidence.

2.     The student’s removal is otherwise in violation of law, including BGLIG code of conduct.

3.     The conduct warrants suspension from school pursuant to Education Law §3214 and a suspension will be imposed.

The principals or his or her designees may overturn a removal at any point between receiving the referral form issued by the teacher and the close of business on the day following the 48-hour period for the informal conference, if a conference is requested. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the principal makes a final determination, or the period of removal expires, whichever is less.

Any disruptive student removed from the classroom by the classroom teacher shall be offered continued educational programming and activities until he or she is permitted to return to the classroom.

Each teacher must keep a complete log (on a BGLIG provided form) for all cases of removal of students from his or her class. The principal must keep a log of all removals of students from class.

Code of Conduct

Removal of a student with a disability, under certain circumstances, may constitute a change in the student’s placement. Accordingly, no teacher may remove a student with a disability from his or her class until he or she has verified with the principal or the chairperson of the Committee on Special Education that the removal will not violate the student’s rights under state or federal law or regulation.

6. Suspension from school

Suspension from school is a severe penalty, which may be imposed only upon students who are insubordinate, disorderly, violent or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others.

The board retains its authority to suspend students, but places primary responsibility for the suspension of students with the principal.

All suspended students will receive alternate instruction within 24 hours of suspension.  Suspended students will be sent to an assigned room within the school building, supervised by school staff, to serve their suspension. 

Any staff member may recommend to the principal that a student be suspended. All staff members must immediately report and refer a violent student to the principal for a violation of the code of conduct. All recommendations and referrals shall be made in writing unless the conditions underlying the recommendation or referral warrant immediate attention. In such cases a written report is to be prepared as soon as possible by the staff member recommending the suspension.

The principal, upon receiving a recommendation or referral for suspension or when processing a case for suspension, shall gather the facts relevant to the matter and record them for subsequent presentation, if necessary.

a. Procedures and Due Process for Disciplinary Action: Short-Term Suspension

If a student commits an offense that calls for short-term suspension (10 days or less), student is afforded the due process rights required by Grass v. Lopez 419 (U.S. 565 (1975).  Such student is subject to the following:

1.        If necessary, the student is immediately removed from class and/or school;

2.        The student is entitled to respond to the charges against him/her;

3.        The Principals or his/her designees addresses the conduct and assigns an appropriate consequence;

4.        The parent/guardian is notified by the Principals or his/her designees; and

5.        A parent or guardian may be required to meet with the Principals or his/her designee(s) regarding infraction prior to a student’s return to school.

b. Procedures and Due Process for Disciplinary Action: Long-Term Suspension or Expulsion

If a student commits an offense that calls for long-term suspension (more than 10 days) or expulsion, the following steps are taken:

1.     If necessary, the student is immediately removed from class and/or school;

2.     The parent/guardian is notified by the Principal(s) or his/her designees.

3.     The Principal sets a hearing date; the student and/or his parent/guardian are notified in writing of the:

a.     Charges and a statement of the evidence;

b.     Date, time and place of a hearing and

c.     Notice of the right at a hearing to be represented by legal counsel (at the student’s/parent’s own expense) and present evidence and question witnesses;

d. After hearing the case, the Principals issues a written decision to be sent to the student, the parent/guardian, the school’s Executive Director, and the student’s permanent record;

4.     The Executive Director sets a hearing date; the student and/or his parent/guardian are notified in writing of the:

a.     Charges and a statement of the evidence;

b.     Date, time and place of a hearing and

c.     Notice of the right at a hearing to be represented by legal counsel (at the student’s/parent’s own expense) and present evidence and question witnesses;

4.     After hearing the case, the Executive Director issues a written decision to be sent to the student, the parent/guardian, the school’s Board of Trustees, and the student’s permanent record;

5.     Any student who is expelled or given a long-term suspension (more than 10 days) has the right to appeal the decision in writing to the Board of Trustees within 10 days of the date of expulsion;

6.     Any appeal is heard at the discretion of the Board Chairperson, by the Executive Director or by a Trustee subcommittee (of one or more Trustees designated by the Board Chairperson); in such a case, the school sets a hearing date and the student and/or his/her parent/guardian are notified in writing of the:

a.     Charges and a statement of the evidence

b.     Date, time and place of hearing; and

c.     Notice of the right at the hearing to be represented by legal counsel (at the student’s/parent’s own expense) and present evidence and question witnesses.

A student’s parent/guardian must submit to the Board Chair a letter of appeal within 5 calendar days of the Executive Director’s recommendation of suspension or expulsion.  The letter must include the reason for the request and any special or extenuating circumstances that may support the reversal of the recommended penalty.  The Board Chair will present the request for appeal before the entire Board of Trustees for review and determination.  A final determination letter will be sent to the student’s parent or guardian indicating approval or denial of an appeal

C. Minimum Periods of Suspension

1. Students who bring a weapon to school

Any student, other than a student with a disability, found guilty of bringing a weapon onto school property will be subject to suspension from school for at least one calendar year. Before being suspended, the student will have an opportunity for a hearing pursuant to Education Law §3214. The Board has the authority to modify the one-year suspension on a case-by-case basis. In deciding whether to modify the penalty, the Board may consider the following:

1.     The student’s age.

2.     The student’s grade in school.

3.     The student’s prior disciplinary record.

4.     The Board believes that other forms of discipline may be more effective.

5.     Input from parents, teachers and/or others.

6.     Other extenuating circumstances.

A student with a disability may be suspended only in accordance with the requirements of state and federal law.

2. Students who commit violent acts other than bringing a weapon to school

Any student, other than a student with a disability, who is found to have committed a violent act, other than bringing a weapon onto school property, shall be subject to suspension from school for at least five days. If the proposed penalty is the minimum five-day suspension, the student and the student’s parents will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed penalty exceeds the minimum five-day suspension, the student and the student’s parents will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The Board has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the Board may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

3. Students who are repeatedly substantially disruptive of the educational process or repeatedly substantially interferes with the teacher’s authority over the classroom

Any student, other than a student with a disability, who repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom, will be suspended from school for at least five days. For purposes of this code of conduct, “repeatedly is substantially disruptive” means engaging in conduct that results in the student being removed from the classroom by teacher(s) pursuant to Education Law §3214(3-a) and this code on four or more occasions during a semester. If the proposed penalty is the minimum five-day suspension, the student and the student’s parent will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed penalty exceeds the minimum five-day suspension, the student and the student’s parent will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The Board has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the Board may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

D. Referrals

1. Counseling

The principal shall handle all referrals of students to counseling.  The principal will meet with the Pupil Personnel Committee.  They will review all notes; they will review all parent conference minutes as well.  If the child does not have an IEP, the principal in consultation with the Pupil Personnel Committee will determine the nature and frequency of the counseling that may be required.

2. PINS Petitions

BGLIG may file a Person In Need of Supervision (“PINS”) petition in Family Court on any student who demonstrates that he or she requires supervision and treatment by:

a.     Being habitually truant and not attending school as required by part one of Article 65 of the Education Law.

b.     Engaging in an ongoing or continual course of conduct, which makes the student ungovernable, or habitually disobedient, and beyond the lawful control of the school.

c.     Knowingly and unlawfully possesses marijuana in violation of Penal Law § 221.05. A single violation of § 221.05 will be a sufficient basis for filing a PINS petition.

3. Juvenile Delinquents and Juvenile Offenders

The principal is required to refer the following students to the County Attorney for a juvenile delinquency proceeding before the Family Court:

a.     Any student who is found to have brought a weapon to school.

IX. Alternate Instruction

When a teacher removes a student of any age from class or a student of compulsory attendance age is suspended from school pursuant to Education Law §3214, BGLIG will take immediate steps to provide alternate means of instruction for the student.  The school will make provisions for alternate instruction for a suspended student during the entire suspension period and for an expelled student until the student is enrolled in another school or until the end of the school year, whatever comes first.  The location of alternative instruction will be reasonably accessible to the student. Alternative instruction will not be the provision of homework, assignments, or study hall. The Board ensures that the alternate instruction provided will be sufficient to enable the student to make adequate academic progress.  The assignments given to each student for the period of time he/she is suspended will correlate with the curriculum topics that are being taught through the time of suspension.  The classroom teacher in consultation with the principal and instructional coaches to ensure alignment provides the assignments.  When the student returns, his/her work will be reviewed and if necessary tutorial will be set-up to bridge any gaps.

X. Corporal Punishment

Corporal punishment is any act of physical force upon a student for the purpose of punishing that student. Corporal punishment of any student by any BGLIG employee is strictly forbidden.

However, in situations where alternate procedures and methods that do not involve the use of physical force cannot reasonably be used, reasonable physical force may be used to:

1.     Protect oneself, another student, teacher or any person from physical injury.

2.     Protect the property of the school or others.

3.     Restrain or remove a student whose behavior interferes with the orderly exercise and performance of school functions, powers and duties, if that student has refused to refrain from further disruptive acts.

Reasonable physical force may used to retrain a student in circumstances delineated in Section X of the Code of Conduct.  In all cases, the physical force used shall overcome resistance from the student only and be terminated when the student ceases his/her actions.  The amount and type of force used shall be commensurate with the student’s age, physical characteristics and disability. School employees shall attempt to use a type of force designed to subdue the student.

BGLIG will file all complaints about the use of corporal punishment with the Board for further review.

XI. Student Searches and Interrogations

The Board is committed to ensuring an atmosphere on school property and at school functions that is safe and orderly. To achieve this kind of environment, any school official authorized to impose a disciplinary penalty on a student may question a student about an alleged violation of law or BGLIG code of conduct. Students are not entitled to any sort of “Miranda”-type warning before being questioned by school officials, nor are school officials required to contact a student’s parent before questioning the student. However, school officials will tell all students why they are being questioned.

In addition, the Board authorizes the Executive Director, principals, and other school personnel it deems appropriate, to conduct minimally intrusive searches of students and their belongings if the authorized school official has reasonable suspicion to believe that the search will result in evidence that the student violated the law or BGLIG code of conduct.

An authorized school official may conduct a minimally intrusive pat down search of a student and may search a student’s belongings in a manner that is minimally intrusive, such as touching the outside of a book bag, without reasonable suspicion, so long as the school official has a legitimate reason for the very limited search.

An authorized school official may search a student or the student’s belongings based upon information received from a reliable informant. Individuals, other than BGLIG’s employees, will be considered reliable informants if they have previously supplied information that was accurate and verified, or they make an admission against their own interest, or they provide the same information that is received independently from other sources, or they appear to be credible and the information they are communicating relates to an immediate threat to safety. BGLIG employees will be considered reliable informants unless they are known to have previously supplied information that they knew was not accurate.

Before searching a student or the student’s belongings, the authorized school official should seek to obtain in a non-coercive manner the student’s to voluntary consent to the search. Searches will be limited to the extent necessary to locate the evidence sought.  All searches shall be conducted in the presence of at least two BGLIG employees of the same sex as the student.

Whenever practicable, searches will be conducted in the privacy of administrative offices and students will be present when their possessions are being searched.

A. Student Lockers, Desks and other School Storage Places

The rules in this code of conduct regarding searches of students and their belongings do not apply to student lockers, desks and other school storage places. Students have no reasonable expectation of privacy with respect to these places and school officials retain complete control over them. This means that student lockers, desks and other school storage places may be subject to search at any time by school officials, without prior notice to students and without their consent.

B. Strip Searches

A strip search is a search that requires a student to remove any or all of his or her clothing, other that an outer coat or jacket. If an authorized school official believes it is necessary to conduct a strip search of a student, the school official may do so only if the search is authorized in advance by the board. The only exception to this rule requiring advanced authorization is when the school official believes there is an emergency situation that could threaten the safety of the student or others.

Strip searches may only be conducted by an authorized school official of the same sex as the student being searched and in the presence of another BGLIG professional employee who is also of the same sex as the student.

The School recognizes that strip searches of students are “highly intrusive” in nature. Thus, strip searches must only be used where the facts of the situation require this procedure (probable cause) and no other. That said, a student might be subject to a search of their persons and/or belongings where special circumstances exist or whenever direct, substantial and credible evidence exists that individual students are in possession of weapons, drugs, or other illegal/ harmful/dangerous materials or devices.

In every case, the school official conducting a strip search must have probable cause – not simply reasonable cause – to believe the student is concealing evidence of a violation of law of BGLIG code. In addition, before conducting a strip search, the school official must consider the nature of the alleged violation, the student’s age, the student’s record and the need for such a search.

School officials will attempt to notify the student’s parent by telephone before conducting a strip search or in writing after the fact if the parent could not be reached by telephone.

C. Documentation of Searches

The authorized school official conducting the search shall be responsible for promptly recording the following information about each search:

1.     Name, age and grade of student searched.

2.     Reasons for the search.

3.     Name of any informant(s).

4.     Purpose of search (that is, what item(s) were being sought).

5.     Type and scope of search.

6.     Person conducting search and his or her title and position.

7.     Witnesses, if any, to the search.

8.     Time and location of search.

9.     Results of search (that is, what items(s) were found).

10.  Disposition of items found.

11.  Time, manner and results of parental notification.

The principal or the principal’s designee shall be responsible for the custody, control and disposition of any illegal or dangerous item taken from a student. The principal or his or her designee shall clearly label each item taken from the student and retain control of the item(s), until the items is turned over to the police. The principal or his or her designee shall be responsible for personally delivering dangerous or illegal items to police authorities.

D. Police Involvement in Searches and Interrogations of Students

BGLIG is committed to cooperating with police officials and other law enforcement authorities to maintain a safe school environment. Police officials, however, have limited authority to interview or search students in schools or at school functions, or to use school facilities in connection with police work. Police officials may enter school property or a school function to question or search a student or to conduct a formal investigation involving students only if they have:

1.     A search or an arrest warrant; or

2.     Probable cause to believe that there are exigent circumstances which pose an imminent danger of injury or death; or

3.     Been invited by school officials.

Before police officials are permitted to question or search any student, the principal(s) or his/her designees shall first notify the student’s parent to give the parent the opportunity to be present during the police questioning or search. If the student’s parent cannot be contacted prior to the police questioning or search, the questioning or search shall not be conducted.

Students who are questioned by police officials on school property or at a school function will be afforded the same rights they have outside the school. This means:

1.     They must be informed of their legal rights.

2.     They may remain silent if they so desire.

3.     They may request the presence of an attorney.

E. Child Protective Services Investigations

Consistent with BGLIG’s commitment to keep students safe from harm and the obligation of school officials to report to child protective services when they have reasonable cause to suspect that a student has been abused or maltreated, BGLIG will cooperate with local child protective services workers who wish to conduct interviews of students on school property relating to allegations of suspected child abuse, and/or neglect, or custody investigations.

All requests by child protective services to interview a student on school property shall be made directly to principals or his/her designees. The principal or his or her designee shall set the time and place of the interview.  The principal of designee shall decide if it is necessary and appropriate for a school official to be present during the interview, depending on the age of the student being interviewed and the nature of the allegations. If the nature of the allegations is such that it may be necessary for the student to remove any of his or her clothing in order for the child protective services worker to verify the allegations, the school nurse or other BGLIG medical personnel must be present during that portion of the interview. No student may be required to remove his or her clothing in front of a child protective services worker or BGLIG official of the opposite sex.

A child protective services worker may not remove a student from school property without a court order, unless the worker reasonably believes that the student would be subject to danger of abuse if not he or she were not removed from school before a court order can reasonably be obtained. If the worker believes the student would be subject to danger of abuse, the worker may remove the student without a court order and without the parent’s consent.

XII. Visitors to the Schools

The Board encourages parents and other interested local citizens to visit BGLIG’s classrooms to observe the work of students, teachers and other staff. Since schools are a place of work and learning, however, certain limits must be set for such visits. The principal(s) or his/her designee is responsible for all persons in the building and on the grounds. For these reasons, the following rules apply to visitors to the schools:

1.     Anyone who is not a regular staff member or student of the school will be considered a visitor.

2.     All visitors to the school must report to the Security Desk and provided proper identification, you will be issued a visitor’s identification badge, which must be worn at all times while in the school or on school grounds. The visitor must then proceed to the first floor main office to check in and then will be sent to the appropriate place. The visitor must return the identification badge to the main office before leaving the building.

3.     Visitors attending school functions that are open to the public, such as parent-teacher organization meetings, school events or public gatherings are not required to register, but will be asked to sign in at the event.

4.     Parents or citizens who wish to observe a classroom while school is in session are requested to arrange such visits in advance with the classroom teacher(s) with principal approval, so that class disruption is kept to a minimum.

5.     Teachers are expected not to take class time to discuss individual matters with visitors.

6.     Any unauthorized person on school property will be reported to the Executive Director, principals or his or her designee. Unauthorized persons will be asked to leave. The police may be called if the situation warrants.

7.     All visitors are expected to abide by the rules for public conduct on school property contained in this code of conduct.

XIII. Public Conduct on School Property

BGLIG 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 BGLIG 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. BGLIG recognizes that free inquiry and free expression are indispensable to the objectives of BGLIG. 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.

A. Prohibited Conduct

No person, either alone or with others, shall:

1.     Intentionally injure any person or threaten to do so.

2.     Intentionally damage or destroy school BGLIG property or the personal property of a teacher, administrator, other employee or any person lawfully on school property, including graffiti or arson.

3.     Disrupt the orderly conduct of classes, school programs or other school activities.

4.     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.

5.     Intimidate, harass or discriminate against any person on the basis of race, color, creed, national origin, religion, age, gender, sexual orientation or disability.

6.     Enter any portion of the school premises without authorization or remain in any building or facility after it is normally closed.

7.     Obstruct the free movement of any person in any place to which this code applies.

8.     Violate the traffic laws, parking regulations or other restrictions on vehicles;

9.     Possess, consume, sell, distribute or exchange alcoholic beverages, controlled substances, or be under the influence of either on school property or at a school function.

10.  Possess or use weapons in or on school property or at a school function, except in the case of law enforcement officers or except as specifically authorized by BGLIG.

11.  Loiter on or about school property.

12.  Gamble on school property or at school functions.

13.  Refuse to comply with any reasonable order of identifiable school officials performing their duties.

14.  Willfully incite others to commit any of the acts prohibited by this code.

15.  Violate any federal or state statute, local ordinance or board policy while on school property or while at a school function.

B. Penalties

Persons who violate this code shall be subject to the following penalties:

1.     Visitors. Their authorization, if any, to remain on school grounds or at the school function shall be withdrawn and they shall be directed to leave the premises.  If they refuse to leave, they shall be subject to ejection.

2.     Students. They shall be subject to disciplinary action as the facts may warrant, in accordance with the due process requirements.

3.     Staff members. They shall be subject to warning, reprimand, suspension or dismissal as the facts may warrant in accordance with any legal rights they may have.

C. Enforcement

The Executive Director, principal(s) or his/her designees shall be responsible for enforcing the conduct required by this code.

When the Executive Director, principal(s) or his/her designees sees an individual engaged in prohibited conduct, which in his or her judgment does not pose any immediate threat of injury to persons or property, the principal or his or her designee shall tell the individual that the conduct is prohibited and attempt to persuade the individual to stop. The Executive Director, principal(s) or his/her designees shall also warn the individual of the consequences for failing to stop. If the person refuses to stop engaging in the prohibited conduct, or if the person’s conduct poses an immediate threat of injury to persons or property, the principal or his or her designee shall have the individual removed immediately from school property or the school function. If necessary, local law enforcement authorities will be contacted to assist in removing the person.

BGLIG shall initiate disciplinary action against any student or staff member, as appropriate, with the “Penalties” section above. In addition, the school reserves its right to pursue a civil or criminal legal action against any person violating the code.

XIV. Dissemination and Review

A. Dissemination of Code of Conduct

The board Executive Director will work to ensure that the community is aware of this code of conduct by:

1.     Providing copies of a summary of the code to all students at the beginning of each school year.

2.     Making copies of the code available to all parents at the beginning of the school year.

3.     Providing all current teachers and other staff members with a copy of the code and a copy of any amendments to the code as soon as practicable after adoption.

4.     Providing all new employees with a copy of the current code of conduct when they are first hired.

5.     Making copies of the code available for students, parents and other community members.

V. Discipline of Students with Disabilities

The Board recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities to address disruptive or problem behavior. The Board also recognizes that students with disabilities enjoy certain procedural protections whenever school authorities intend to impose discipline upon them. The board is committed to ensuring that the procedures followed for suspending, removing or otherwise disciplining students with disabilities are consistent with the procedural safeguards required by applicable laws and regulations.

This code of conduct affords students with disabilities subject to disciplinary action no greater or lesser rights than those expressly afforded by applicable federal and state law and regulations.

A. Authorized Suspensions or Removals of Students with Disabilities

1. For purposes of this section of the code of conduct, the following definitions apply.

A “suspension” means a suspension pursuant to Education Law § 3214.

A “removal” means a removal for disciplinary reasons from the student’s current educational placement other than a suspension and change in placement to an interim alternate educational setting (IAES) ordered by an impartial hearing officer because the student poses a risk of harm to himself or herself or others.

An “IAES” means a temporary educational placement for a period of up to 45 days, other than the student’s current placement at the time the behavior precipitating the IAES placement occurred, that enables the student to continue to progress in the general curriculum, although in another setting, to continue to receive those services and modifications, including those described on the student’s current individualized education program (IEP), that will enable the student to meet the goals set out in such IEP, and include services and modifications to address the behavior which precipitated the IAES placement that are designed to prevent the behavior from recurring.

2. School personnel may order the suspension or removal of a student with a disability from his or her current educational placement as follows:

a. The principal or the Board may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed five consecutive school days and not to exceed the amount of time a non-disabled student would be subject to suspension for the same behavior.

b. The principal may order the placement of a student with a disability into an IAES, another setting or suspension for up to 10 consecutive school days, inclusive of any period in which the student has been suspended or removed under subparagraph (a) above for the same behavior, if the principal determines that the student has engaged in behavior that warrants a suspension and the suspension or removal does not exceed the amount of time non-disabled students would be subject to suspension for the same behavior.

c. The principal may order additional suspensions of not more than 10 consecutive school days in the same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.

d. The principal may order the placement of a student with a disability in an IAES to be determined by the committee on special education (CSE), for the same amount of time that a student without a disability would be subject to discipline, but not more than 45 days, if the student carries or possesses a weapon to school or to a school function, or the student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function.

1)     “Weapon” means the same as “dangerous weapon” under 18 U.S.C. § 930(g)(w) which includes “a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except...[for] a pocket knife with a blade of less than 2 1/2 inches in length.”

2)     “Controlled substance” means a drug or other substance identified in certain provisions of the federal Controlled Substances Act specified in both federal and state law and regulations applicable to this policy.

3)     “Illegal drugs” means a controlled substance except for those legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or any other federal law.

3. Subject to specified conditions required by both federal and state law and regulations, an impartial hearing officer may order the placement of a student with a disability in an IAES setting for up to 45 days at a time, if maintaining the student in his or her current educational placement poses a risk of harm to the student or others.

B. Change of Placement Rule

1. A disciplinary change in placement means a suspension or removal from a student’s current educational placement that is either:

a.     for more than 10 consecutive school days; or

b.     for a period of 10 consecutive school days or less if the student is subjected to a series of suspensions or removals that constitute a pattern because they cumulate to more than 10 school days in a school year and because of such factors as the length of each suspension or removal, the total amount of time the student is removed and the proximity of the suspensions or removals to one another.

2. School personnel may not suspend or remove a student with disabilities if imposition of the suspension or removal would result in a disciplinary change in placement based on a pattern of suspension or removal.

3.  Staff will notify the CSE if BGLIG needs to suspend or remove a student with disabilities if imposition of the suspension or removal would result in a disciplinary change in placement.

However, BGLIG may impose a suspension or removal, which would otherwise result in a disciplinary change in placement, based on a pattern of suspensions or removals if the CSE has determined that the behavior was not a manifestation of the student’s disability based on the results of manifestation determination review meeting, or the student is placed in an IAES for behavior involving weapons, illegal drugs or controlled substances.   BGLIG staff will provide collaborate with the CSE, information and participate in the IEP meetings to determine alternative education and needed services for student.

C. Special Rules Regarding the Suspension or Removal of Students with Disabilities

1. The Committee on Special Education shall:

a.     Conduct functional behavioral assessments to determine why a student engages in a particular behavior, and develop or review behavioral intervention plans whenever BGLIG is first suspending or removing a student with a disability for more than 10 school days in a school year or imposing a suspension or removal that constitutes a disciplinary change in placement, including a change in placement to an IAES for misconduct involving weapons, illegal drugs or controlled substances.

If subsequently, a student with a disability who has a behavioral intervention plan and who has been suspended or removed from his or her current educational placement for more than 10 school days in a school year is subjected to a suspension or removal that does not constitute a disciplinary change in placement, the members of the CSE shall review the behavioral intervention plan and its implementation to determine if modifications are necessary.

If one or more members of the CSE believe that modifications are needed, BGLIG shall convene a meeting of the CSE to modify such plan and its implementation, to the extent the committee determines necessary.

b.     Conduct a manifestation determination review of the relationship between the student’s disability and the behavior subject to disciplinary action whenever a decision is made to place a student in an IAES either for misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension that constitutes a disciplinary change in placement.

2. The parents of a student who is facing disciplinary action, but who has not been determined to be eligible for services under IDEA and Article 89 at the time of misconduct, shall have the right to invoke applicable procedural safeguards set forth in federal and state law and regulations if, in accordance with federal and state statutory and regulatory criteria, BGLIG is deemed to have had knowledge that their child was a student with a disability before the behavior precipitating disciplinary action occurred. If BGLIG is deemed to have had such knowledge, the student will be considered a student presumed to have a disability for discipline purposes.

a. The principal or other school official imposing a suspension or removal shall be responsible for determining whether the student is a student presumed to have a disability.

b. A student will not be considered a student presumed to have a disability for discipline purposes if, upon receipt of information supporting a claim that BGLIG had knowledge the student was a student with a disability, BGLIG either:

1)     conducted an individual evaluation and determined that the student is not a student with a disability, or

2)     determined that an evaluation was not necessary and provided notice to the parents of such determination, in the manner required by applicable law and regulations.

If there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other non-disabled student who engaged in comparable behaviors.

However, if a request for an individual evaluation is made while such non-disabled student is subjected to a disciplinary removal, an expedited evaluation shall be conducted and completed in the manner prescribed by applicable federal and state law and regulations. Until the expedited evaluation is completed, the non-disabled student who is not a student presumed to have a disability for discipline purposes shall remain in the educational placement determined by BGLIG, which can include suspension.

3. BGLIG shall provide parents with notice of disciplinary removal no later than the date on which a decision is made to change the placement of a student with a disability to an IAES for either misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his/her current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension or removal that constitutes a disciplinary change in placement.

The procedural safeguards notice prescribed by the Commissioner shall accompany the notice of disciplinary removal.

4. The parents of a student with disabilities subject to a suspension of five consecutive school days or less shall be provided with the same opportunity for an informal conference available to parents of non-disabled students under the Education Law.

5. The removal of a student with disabilities other than a suspension or placement in an IAES shall be conducted in accordance with the due process procedures applicable to such removals of non-disabled students, except that school personnel may not impose such removal for more than 10 consecutive days or for a period that would result in a disciplinary change in placement, unless the CSE has determined that the behavior is not a manifestation of the student’s disability.

7. During any period of suspension or removal, including placement in an IAES, students with disabilities shall be provided appropriate alternate instruction.

D. Expedited Due Process Hearings

1. An expedited due process hearing shall be conducted if:

a.     BGLIG requests such a hearing to obtain an order of an impartial hearing officer placing a student with a disability in an IAES where school personnel maintain that it is dangerous for the student to be in his or her current educational placement, or during the pendency of due process hearings where school personnel maintain that it is dangerous for the student to be in his or her current educational placement during such proceedings.

b.     The parent requests such a hearing from a determination that the student’s behavior was not a manifestation of the student’s disability, or relating to any decision regarding placement, including but not limited to any decision to place the student in an IAES.

1)     During the pendency of an expedited due process hearing or appeal regarding the placement of a student in an IAES for behavior involving weapons, illegal drugs or controlled substances or serious bodily injury or on grounds of dangerous, or regarding a determination that the behavior is not a manifestation of the student’s disability for a student who has been placed in an IAES, the student shall remain in the IAES pending the decision of the impartial hearing officer or until expiration of the IAES placement, whichever occurs first, unless the parents and BGLIG agree otherwise.

2)     If school personnel propose to change the student’s placement after expiration of an IAES placement, during the pendency of any proceeding to challenge the proposed change in placement, the student shall remain in the placement prior to removal to the IAES, except where the student is again placed in an IAES.

2. An expedited due process hearing shall be completed within 15 business days of receipt of the request for a hearing. Although the impartial hearing officer may grant specific extensions of such time period, he or she must mail a written decision to BGLIG and the parents within five business days after the last hearing date, and in no event later than 45 calendar days after receipt of the request for a hearing, without exceptions or extensions.

E. Referral to law enforcement and judicial authorities

In accordance with the provisions of IDEA and its implementing regulations:

1.     BGLIG may report a crime committed by a child with a disability to appropriate authorities, and such action will not constitute a change of the student’s placement.

2.     The principal shall ensure that copies of the special education and disciplinary records of a student with disabilities are transmitted for consideration to the appropriate authorities to whom a crime is reported.

Does Michigan's legislation on seclusion and restraint apply only to students with disabilities?

How does Michigan law define seclusion?