ATTACHMENT Title III Annual Measurable Achievement ... · ... Percentage of Students Attaining English ... support for all 5th and 6th grade students. ... Junior/Senior High School,

ATTACHMENT C Title III Annual Measurable Achievement Objectives Improvement Plan

(AMAO-IP) Template School Years 2011-12 and 2012-13

Each State educational agency (SEA) that receives an English Language Acquisition and Language Enhancement grant under NCLB Title III, Part A, Subpart 1, must hold eligible LEAs, which includes Consortia that receive a subgrant under that subpart, accountable for meeting the AMAOs required under Section 3122(a) of the Title. This includes making Adequate Yearly Progress (AYP) for LEP/ELL students. (Note: If a consortium does not meet AMAOs, all LEAs within this consortium do not meet the AMAOs).

If it has been determined by SED that an individual LEA or Consortium has failed to make progress towards meeting the AMAO objectives for two years, the SED shall require the LEA or Consortium to submit an Improvement Plan (AMAO-IP) for correcting this deficiency. The plan must specifically address the factors that prevented the LEA or Consortium from achieving the AMAO objectives. The plan must address each of the Required Sections in the template and it should also include:

A description of the professional development strategies and activities, based on scientifically based research, that the LEA or Consortium will use to meet the objectives; and,

A description of the strategies and methodologies, based on scientifically based research, to improve specific program(s) or method(s) of instruction provided to LEP/ELL students.

The AMAO-IP is a two-year plan that will be implemented in the year in which the district is identified. Therefore, the identified objectives must be specified for each of the two years. In developing the plan, the LEA or Consortium must consult with parents, school staff, and others (i.e. Regional Bilingual Education Resource Network/RBE-RN and community-based organizations). LEAs that are required to develop a NCLB Title III Improvement (IP) or Corrective Action Plan (CAP) and that have also been identified for Title I District and/or Schools Improvement or Corrective Action, in part or whole because of the performance of the subgroup of English language learners (ELLs), are encouraged to develop required plans in tandem. To the extent appropriate, a district may submit the same set text in both its Title I and Title III plans describing the activities, actions, and initiatives that address the failure of the ELL subgroup to make AYP (same as AMAO #3 under the Title III accountability system). The AMAO-IP must be completed and contain the “Required Sections” listed below and must be submitted to SED by January 31, 2012. Extended to March 9, 2012 as per Laura Arpey at SED. In addition, a sample copy of the parent/guardian letter must be included as part of LEA/Consortium AMAO-IP submission.

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The AMAO-IP should be sent to: The State Education Department Office of Bilingual Education and Foreign Language Studies 89 Washington Avenue, Room 367 EBA Albany, N.Y. 12234

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Required Sections: Section I: Program Overview Section II: Comprehensive Needs Assessment Section III: Year 1 Performance Targets – Goals, Objectives, Activities, and Evaluation Section IV: Year 2 Performance Targets – Goals, Objectives, Activities, and Evaluation Attach a sample copy of the district’s AMAO-IP letter to parent/guardian regarding its Title III AMAO status as required by Title III regulations. LEA Name (If Consortium, Lead Applicant): Hudson City School District LEA/Consortium Lead Applicant Chief Administrative Officer: John F. Howe Contact Person: Maria J. Suttmeier Email: [email protected] LEA / Consortium Lead Applicant Address: 215 Harry Howard Avenue Hudson 12534 Telephone: 518-828-4360 Ext. 2134 Fax: 518-828-8315

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LEA/Consortium Accountability Status Check and/or fill in all that apply: Title III- LEA/Consortium not meeting AMAOs for two (2) consecutive years AMAO #1: Percentage of Students Making Progress in English1 AMAO #2: Percentage of Students Attaining English Language Proficiency2 AMAO #3: Making Adequate Yearly Progress (AYP) School Year: 2009-10 AMAO #1: 51.8% - Target 62.1% AMAO #2: __________________________________ AMAO #3: ELA _________________________ Grade Level__________________________ Math _________________________ Grade Level__________________________ ELA and Math _________________ Grade Level __________________________ School Year: 2010-11 AMAO #1: __________________________________ AMAO #2: __________________________________ AMAO #3: ELA X Grade Level: Elementary/Middle Math X Grade Level: Elementary/Middle/Secondary ELA and Math _________________ Grade Level __________________________ Title I-District in Need of Improvement (DINI) School Year 2010-11: __________________________________________ Area(s) of Identification: ELA Grade Level(s): 3 – 8 In Spring/Winter 2011, list date/school(s) in the LEA/Consortium which were reviewed under each of the following: 1. School Quality Review (SQR): Date: WINTER 2010 School: Hudson Jr/Sr High School

1 This can be determined in one of three ways: advancing one proficiency level on the New York State English as a Second Language Achievement Test (NYSESLAT) between two consecutive years; making a total scale score gain of 43 points on the NYSESLAT for students who maintain the same proficiency level between two consecutive years; or scoring at the intermediate level or above on the NYSESLAT for students with one data point. 2 Attaining English language proficiency is defined as scoring at the proficient level on both the Listening/Speaking (L/S) and Reading/Writing (R/W) modality combinations (sections) of the New York State English as a Second Language Achievement Test (NYSESLAT).

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Date: ________________________________ School: _______________________________________________ Date: ________________________________ School: _______________________________________________ 2. External School Curriculum Audit (ESCA): Date: SPRING 2010 School: Montgomery C. Smith Intermediate School Date: ________________________________ School: _______________________________________________ Date: ________________________________ School: _______________________________________________ Date: ________________________________ School: _______________________________________________ 3. Joint Intervention Team (JIT): Date: WINTER 2012 School: Montgomery C. Smith Intermediate School Date: ________________________________ School: _______________________________________________ Date: ________________________________ School: _______________________________________________ Date: ________________________________ School: _______________________________________________ Date: ________________________________ School: _______________________________________________ Date: ________________________________ School: _______________________________________________ Date: ________________________________ School: _______________________________________________ Date: ________________________________ School: _______________________________________________

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Section I: Program Overview LEA/Consortium LEP/ELL Program Mission/Objectives LEA/Consortium LEP/ELL Population

Guidelines: ○ A description of demographic breakdown of the LEP/ELL population (e.g. ethnically/linguistically/geographically) and/or by grade level(s) in K-12 including LEP/ELL SWDs, long term LEP/ELLs and LEP/ELL-SIFE (students with interrupted formal education) ○ A description of the LEP/ELL students achievement data and performance trend (e.g. a two or more year performance analysis) ○ A description of the instructional programs, based on scientifically-based or evidence-based research ○ A description of how the district’s proposed mission and objectives is to support and enhance the education of LEP/ELLs in all aspects of English language and literacy development In the space below, provide a narrative description of the district’s LEP/ELL program. Population: There are 129 ELLs in Hudson City School District (see Appendix A). Countries of origin are Bangladesh, Brazil, China, Dominican Republic, El Salvador, Guatemala, Haiti, Mexico, Pakistan, Philippines, Puerto Rico, and Yemen. Languages spoken are Bangla, Portuguese, Chinese, Spanish, Haitian Creole, Urdu, Tagalog, and Arabic. Eight percent are Students With Disabilities. Two percent are SIFEs. Six percent are Long Term LEPS, four of whom are also Students With Disabilities. A number of our students, although not migrants, leave school for several months at a time to return to their native countries during the school year. New entrants arrive throughout the year. There have been 47 new entrants since the administration of the 2011 NYESLAT, including kindergartners. Three of these ELLs are SIFEs. Mission: The mission of the Hudson City School District’s LEP/ESL program is to ensure that each second language learner develops linguistically, academically, and cognitively within a socially and culturally supportive environment. The Hudson City School District is committed to making sure that all LEP students have equal access to all school programs and services corresponding to their ages and grade level and are provided opportunities to achieve the same educational goals and standards as the general student population.

Program: There are three campuses comprised of four different grade level bands, each with a separate building administrator, in the Hudson City School District. Students in grades K-2 are in the primary school, grades 3-6 are in the intermediate school, and the third campus houses the junior high (grades 7 & 8), and the senior high (grades 9-12). The language of instruction in ESL programs in all buildings is English. There are 5 ESL teachers in the district, two in the primary building, one in the intermediate building, one in the high school, and one who travels between the junior high and the intermediate buildings. All of them are highly qualified and certified to

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teach K-12 ESL. The program in the K-2 building, John L. Edwards Primary School, is a combination of push in and pull out. ESL teachers push in during literacy blocks and pull out beginning students for intensive speaking and listening practice and work on foundational skills. Intermediate level students are also pulled out for work in foundational skills in reading and writing. The ESL teachers at JLE are working to support the Journeys reading program and language rich Envision Math program through research-based second-language learning strategies. These include TPR (total physical response) for beginners, extensive scaffolding in reading and writing, including collaborative writing projects, and experiential learning. As much as possible, language is context-embedded. Reading and writing instruction is based on the research of Fountas and Pinnell. Social language is developed through small-group “morning meetings” and based in Krashen’s five hypotheses about language learning with an emphasis on natural communication and creating a low-anxiety environment. The program in the 3-6 building, Montgomery C. Smith Intermediate School, is a combination of push in and pull out. The ESL teacher pushes in during ELA classes to work with students in grades 3 and 4 and beginning level students in grades 5 and 6 by providing support for the Journeys reading program. Students in grades 5 and 6 are pulled out during a period built into the school schedule to provide time for additional support for all 5th and 6th grade students. Beginners are also pulled out for intensive speaking and listening practice and foundational skills. Curriculum in the 5/6 pull out class incorporates content area material, is aligned with ESL standards, and is in the process of being aligned with Common Core Standards. Research-based second-language learning strategies used at the intermediate school include, but are not limited to TPR (total physical response, CLT (communicative language teaching), and the Lexical Approach. In the Hudson Junior/Senior High School, LEP students are scheduled for ESL at specific times. Beginning and intermediate students receive ELA instruction from the ESL teacher. Curriculum incorporates content area material, is aligned with the ESL standards and is in the process of being aligned with Common Core Standards. Advanced students are placed in a mainstream ELA class in addition to ESL. Grade and age level appropriate instruction in content area subjects is provided in ESL classes, and grade 7 & 8 students have an additional ESL period in lieu of a study hall. Research based second-language teaching approaches used at the secondary level include, but are not limited to, the Lexical Approach, Cognitive Academic Language Approach (CALLA), elements of the Notional-Functional Approach, and the Sheltered Instruction Observation Protocol (SIOP).

The district adopted a new reading series, Journeys by Houghton-Mifflin-Harcourt for grades K-6 in 2010. This program has provided much needed structure with a clear scope and sequence throughout each grade level. The program was selected in part for the ELL instruction that touches every part of the reading series. ELL components include Language Support Cards that add to background knowledge and promote oral language, English Language Learner Leveled Readers which provide sheltered text that connects to the main selection’s topic, vocabulary, skill, and strategy, and audio CDs are available to provide models for oral reading fluency. Additionally, Scaffolded ELL Support notes are included throughout the Teacher’s Edition that

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scaffold instruction for each ELL and Vocabulary in Context Cards offer visual support and additional practice for target vocabulary. The district adopted a new math program, enVisions by Pearson, for grades K-2 in 2011 and will follow through with implementation in grades 3 – 6 in 2012. This math program is aligned with the new Common Core State Standards and helps the vertical alignment from Kindergarten to grade six for better preparation for secondary level education. Differentiated instruction is embedded within the Teacher’s Edition. Considerations for ELL children are given with research-based ELL strategies built in. For example, in Kindergarten, repeated oral language practice of the vocabulary words used in each lesson help English learners remember and understand how to count and find patterns to 100. A short activity designed for ELL students is provided to help them more deeply understand the concept being taught. Strategies for beginning, intermediate, and advanced levels are explained within each topic lesson. Additionally, each lesson provides a visual representation of the math concept to be learned. Targeted professional development at the Intermediate School (grades 3-6), with two professors from Plattsburgh University, has provided teachers with valuable research-based strategies to use with all students. Teachers from the K-2 primary school have also participated in workshop sessions. Drs. Hunt and Stone have conducted training in fluency in writing, forming meaningful essential questions, use of questioning when developing good readers, using student book recommendations, reading continuum growth plan, assessing students, working with non-fiction texts and writing nonfiction, writing profile essays, engaging and motivating all students with culturally relevant materials, and multi-cultural sensitivity and awareness. ESL teachers in the district will continue to be provided with supplemental training in working with ESL students geared toward improving the instruction and assessment of ELLs and the development and implementation of appropriate curricula. Ongoing professional development for classroom and ESL teachers will occur throughout the course of the school year. As part of the district’s focus on literacy, K-12 staff will participate in ongoing professional development workshops, study groups and targeted curriculum initiatives that will address ELA issues among all student groups and subgroups. Training will include techniques for differentiating instruction and working with ELL students with special needs. Training will facilitate the development of an aligned curriculum in ESL and ELA which will consistently embed specific content and strategies for ELL students in order to better assess and address the needs of these students. Specific techniques for working with parents and families of ELL students will also be included. See Appendix B. Section II: Comprehensive Needs Assessment

Describe the needs assessment process used, and the conclusions drawn regarding the reasons the district has failed to make AMAOs in the current year, as well as in the past year

Include data from local assessment tools, as well as any state assessments Describe how the proposed Improvement Plan (IP) addresses the major findings resulting

from the comprehensive needs assessment and how the LEA will use the Title III program to further the mission and objectives of the LEA/Consortium’s LEP/ELL program

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Guidelines: ○ List and describe major findings in order of priority ○ Describe how the needs assessment was conducted, how State/local assessment tool(s) were used, and how quantitative/qualitative data were analyzed (including item analysis to determine LEP/ELL program/curriculum effectiveness and efficiency) in K-12 including subject area(s) and grade level(s) which constitute the basis of the district’s failure to make AMAOs ○ Describe how the results of needs assessment are being used to inform and/or modify instruction, program and professional development See narrative below taken from Title III grant ○ For districts that have schools in the district that have received reviews/visits from SED in spring/winter 2011 regarding a SQR, ESCA or JIT: summarize a corrective action plan developed by the district to incorporate/implement the recommendations made by the SED review teams ○ Provide an analysis of the learning environment and school culture including the district’s polices to provide a safe, equitable and orderly learning experience In the space below, provide a narrative description of the district’s comprehensive needs assessment. (See Appendices C-K) AMAO 1 The district did not make AMAO 1 (Percentage of Students Making Progress in English) in 2010. A needs analysis was conducted using data obtained through the BETAC (Bilingual Education Technical Assistance Center) in 2011. These data included a gap analysis by grade band, an array analysis by individual student, and an item response analysis. In addition to analyzing these data, a three year trend analysis by grade band for AMAOs 1 and 2 was performed The analysis indicated that percentage of students making progress based on the NYSESLAT scores have consistently been below the target for AMAO 1 for grades 9-12. K-1 scores were also below target in 2009, but scores for other grade bands compensated for k-1 and 9-12 scores. In 2010, the percentage of students making progress according to AMAO 1 dropped for all grade bands except k-1 and 2-4. In 2011, although scores remained below target for grade 9-12, percentages went up for all grade bands, and the other grades were once again able to compensate for the 9-12 scores. Percentage of students testing as proficient (AMAO 2) was taken into consideration, since this contributes to AMAO 1. Percentage of students testing as proficient has consistently been above the AMAO 2 target for grades 5-8 for the past three years. Percentage for grades 2-4 was below target in 2009 but went up and remained about target for two years. K-1 percentage was also

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below target in 2009 but went up to slightly above target in 2010 and slightly below target in 2011. Percentage of students testing as proficient in grades 9-12 we above target in 2009 but declined and have remained below target. The scores at schools above target have been high enough to compensate for the scores at schools that were below target. As a group, students with disabilities have made steady progress as measured by AMAO1 and have been above target for two years. However, too few students with disabilities have tested as proficient to make the AMAO2 target. Individual scores and gap analyses indicate that the reading/writing section of the assessment is the main problem area. Writing: For all grade bands except 3-4, ESL standard 3 in writing, writing for critical analysis and evaluation, is an area of weakness. In particular, performance indicator 1, which relates to forming and expressing responses and performance indicator 6, which relates to persuasive writing are areas of difficulty. Reading: Standards 1, reading for information and understanding and 3, reading for critical analysis and evaluation are areas of weakness. AMAO 3 ELA Percentage of ELLs testing as proficient in the district has declined over the past three years, and the gap between percentage of English proficient students in the district as a whole testing as proficient and percentage of ELLs testing as proficient has increased. There is a significant positive correlation (r = .62) between ELLs’ 2011 NYSESLAT scores and ELA test scores. An analysis by Standard and Performance Indicator of all students, including ELLs, who didn’t test as proficient, showed that areas of various areas of weakness based on grade level. However, the following were areas of weakness across grade levels:

SPI 1 -- Collecting and interpreting data, facts, and ideas SPI 2 -- Identifying literary elements including character, plot, setting SPI 3 -- Using correct grammatical construction, identifying and evaluating details

High School level ELLs who were in the 2007 accountability cohort and scheduled to graduate in 2011 did not make AYP for the ELA Regents. This is connected to graduation rate for ELLs. MATH In grades 3-8, the percentage of ELLs testing as proficient in the district has declined over the past three years. Percentage of ELLs in grades 3-8 testing as proficient has gone from equal to slightly above to below the percentage of English proficient students testing as proficient. There is a significant correlation ( r = .52) between ELLs’ 2011 NYSESLAT scores and math test scores. High School level ELLs who were in the 2007 accountability cohort and scheduled to graduate in 2011 did not make AYP for the Math Regents. This is connected to graduation rate for ELLs.

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The planned activities will be integrated as a means of best engaging, instructing and assessing ESL students by providing staff with information and opportunity for discussion. Instruction and assessment of students will improve as a result of the development of expanded knowledge of the needs of students, and additional information about providing differentiated instruction and meaningful assessment tools. The Intermediate School (grades 3-6) had an ESCA for ELA focusing mainly on the SWD subgroup in the spring of 2010 and underwent a JIT review in January of 2012 which focused on the Black/AA and SWD subgroups. The seven key findings and recommendations of the ESCA are being incorporated into district practices. Please see Appendix L for a description of the findings and progress made towards implementation. The JIT review conducted in January 2012 has not yet produced a document for use by the district.

The learning environment and school culture of each building is unique to the age group of students served, however, the district has implemented Positive Behavioral Interventions and Supports (PBIS) as its district-wide model of expectations across all buildings. Improving student academic and behavior outcomes is about ensuring all students have access to the most effective and accurately implemented instructional and behavioral practices and interventions possible. PBIS provides an operational framework for achieving these outcomes. More importantly, PBIS is NOT a curriculum, intervention, or practice, but rather a decision making framework that guides selection, integration, and implementation of the best evidence-based academic and behavioral practices for improving important academic and behavior outcomes for all students. The “Be Safe, Be Respectful, Be Responsible” motto is visible and referenced with students on a daily basis in each of the district’s four buildings. Data is collected to track areas in most need of improvement and students are rewarded for doing the right thing through a number of incentives. Students are explicitly taught the behavior expectations in a variety of settings such as the classroom, hallways, café, gym, and auditorium. The PBIS framework follows the 3-tier model of Response To Intervention (RTI) and benefits ESL students by establishing clear guidelines for appropriate behavior expectations. The cultures of schools may or may not be in harmony wit the culture each student brings to school. PBIS establishes a norm for acceptable behavior and provides ESL students with an environment that validates their various backgrounds. For example, within the universal tier 1, information is provided in a variety of languages or a translator is made available, family literacy nights bring ESL families to the school to celebrate literature, and liaisons work with families who would not otherwise have a traditional involvement with the school. See Appendices M & N

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Section III: Year 1 (SY 2011-12) Performance Targets - Goals, Objectives, Activities, and Evaluation Goal: Identify the Title III program goals for Year 1of the Improvement Plan. Objectives: Provide a minimum of three (3) to a maximum of five (5) objectives to be accomplished by this project school year. The objectives must be aligned to the program areas in need of improvement. Objectives and activities for LEP/ELLs must address both their academic and linguistic needs. In addition, they should be measurable; therefore they must include the following elements: Time frame (e.g., by June 2012….) Percentage/persons benefiting (e.g., 90 of LEP/ELL students participating in the Title

III program) Language(s) used for instruction or any other proposed activity Grade levels (where appropriate) Expected performance standard (e.g., 20 raw score points, 2 curriculum guides, etc.) Skill area targeted (e.g., mathematics, speaking, reading, writing, etc. in English or native

language) Activities: Include activities that are appropriate to the students' age, grade level and language

proficiency Activities must be varied, motivating, and challenging Activities must be in line with the objectives and the Common Core or State standards

selected Evaluation: Describe the alignment between the activities and the Improvement Plan Objectives, as

well as the methods by which the LEA/Consortium will evaluate the effectiveness of the activities in meeting the objectives.

Identify the assessment instruments employed to quantitatively measure the performance of the target population and the techniques used to assess the quality of the program.

The information provided must be consistent with the proposed program objectives and activities.

Guidelines: ○ Indicate Year 1 Title III program goal(s), objectives, and activities; they should be AMAO specific ○ Make sure that activities/strategies described are in line with the IP objectives and Common Core standards in ELA (ESL) and Mathematics

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○ Professional development activities and strategies, based on scientifically based research, are targeted to improve the performance of LEP/ELL students and address the factors that prevented the district from achieving the AMAOs ○ For your professional development activities, provide a description of topics, target audience and service providers ○ Describe how the qualitative/quantitative assessment tool is used to measure the effectiveness of the IP objectives and activities ○ Contain a yearly or bi-annual evaluation mechanism to assess the attainment of the AMAOs In the space below, provide a narrative description of the district’s Year 1 Performance Targets – Goal(s), Objectives, Activities, and Evaluation. Goal 1: The district will continue to meet the performance target for AMAO 1 (64.2%

).

Objectives: By June 2012, 66 % of ELLs taking the NYSESLAT in grades K-8 will demonstrate progress by testing as proficient, progressing to the next proficiency level, or showing a 43 point increase in scale score from 2011. The percentage of ELLs demonstrating progress in grades 9-12 will increase to 64.2%.

Activities: Since Standards 1 & 3, which relate to non-fiction reading and writing, are areas of weakness, ESL teachers will concentrate on skills needed to comprehend and respond to non-fiction, particularly using textual evidence, comparing, contrasting, evaluating and synthesizing.

3-12 ESL teachers will implement writing strategies learned in the writing workshops they attended. (2011-2012)

3-6 ESL teachers and classroom teachers working with ELLs will implement strategies in fluency, questioning, assessing students, working with non-fiction text, writing essays and engaging and motivating students with culturally relevant materials learned in workshops with Dr. Hunt & Dr. Stone (2011-2012)

9-12 ESL teacher will provide content area support in a way that is consistent with part 154 regulations.

7-8 ESL teacher will teach one class of intermediate and advanced level 9th grade ELLs.

A minimum of three days will be “blocked off” for administering the NYSESLAT in each building so that there won’t be conflicts with field trips, assemblies, and other activities.

On-site professional development that focuses on strategies to improve reading and writing offered by RBERN.

Evaluation: Follow-up faculty meetings and discussions about progress.

Formal and informal observation of strategy implementation in classrooms.

Increase in student academic achievement. ELL’s proficiency levels on the NYS Assessments.

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Goal 2:

The district will meet district wide 2012 accountability targets for ELA for the ELL subgroup

Objectives: By June 2012, in Grades 3-8, the district will meet safe harbor in ELA (118) for the ELL subgroup. By June 2012, 80 % of ELLs in the 2008 accountability cohort will receive a score of 65 or higher on the ELA regents.

Activities: 3-6 ESL teachers and classroom teachers working with ELLs will implement strategies in fluency, questioning, assessing students, working with non-fiction text, writing essays and engaging and motivating students with culturally relevant materials learned in workshops with Dr. Hunt & Dr. Stone (2011-2012)

On-site professional development that focuses on strategies to improve reading and writing will be offered by RBERN.

Students will be provided with intensive instruction both after school and during school holiday breaks.

Jr./Sr. High ELA teachers will continue to work with Questar III ELA consultant

Social Studies and English curricula will be coordinated to address specific topics simultaneously.

Rubicon Atlas will be used to review & align 7-12 ELA curricula

Evaluation:

Increase in student academic achievement. ELL’s proficiency levels on the NYS Assessments.

Goal 3: The district will meet district wide 2012 accountability targets for math for the

ELL subgroup Objectives: By June 2012, in Grades 3-8, the district will meet safe harbor in Math (129)

for the ELL subgroup. By June 2012, at the secondary level, 80 % of ELLs in the 2008 accountability cohort will test will receive a score of 65 or higher on the Integrated Algebra Regents

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Activities: Oral translation will be provided for languages for which there is no alternate version of the assessment

Implement quarterly math benchmark exams will be implemented to track student achievement and identify areas of weakness

Math teachers will continue to work with Questar III math consultant Rubicon Atlas will be utilized to review & align 7-12 math curricula Student performance in AIS and Regents review programs will be

monitored by reviewing data and Castle Learning reports

Evaluation: Increase in student academic achievement. ELL’s proficiency levels on the NYS Assessments.

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Section IV: Year 2 (SY 2012-13) Performance Targets - Goals, Objectives, Activities, and Evaluation Goal: Identify the Title III program goals for Year 2 of the Improvement Plan. Objectives: Provide a minimum of three (3) to a maximum of five (5) objectives to be accomplished by this project school year. The objectives must be aligned to the program areas in need of improvement. Objectives and activities for LEP/ELLs must address both their academic and linguistic needs. In addition, they should be measurable; therefore they must include the following elements: Time frame (e.g., by June 2013….) Percentage/persons benefiting (e.g., 90 of LEP/ELL students participating in the Title

III program) Language(s) used for instruction or any other proposed activity Grade levels (where appropriate) Expected performance standard (e.g., 20 raw score points, 2 curriculum guides, etc.) Skill area targeted (e.g., mathematics, speaking, reading, writing, etc. in English or native

language) Activities: Include activities that are appropriate to the students' age, grade level and language

proficiency. Activities must be varied, motivating, and challenging. Activities must be in line with the objectives and the Common Core or State standards

selected. Evaluation: Describe the alignment between the activities and the Improvement Plan Objectives, as

well as the methods by which the LEA/Consortium will evaluate the effectiveness of the activities in meeting the objectives.

Identify the assessment instruments employed to quantitatively measure the performance of the target population and the techniques used to assess the quality of the program.

The information provided must be consistent with the proposed program objectives and activities.

Guidelines: ○ Indicate Year 2 Title III program goal(s), objectives, and activities; they should be AMAO specific ○ Make sure that activities/strategies described are in line with the IP objectives and Common Core standards in ELA (ESL) and mathematics

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○ Professional development activities and strategies, based on scientifically based research, are targeted to (1) improve the performance of LEP/ELL students and (2) address the factors that prevented the district from achieving the AMAOs ○ For professional development activities, provide a description of topics, target audience and service providers ○ Describe how the qualitative/quantitative assessment tool is used to measure the effectiveness of the IP objectives and activities ○ Contain a yearly or bi-annul evaluation mechanism to assess the attainment of the AMAOs In the space below, provide a narrative description of the district’s Year 2 Performance Targets - Goals, Objectives, Activities, and Evaluation. Goal 1 : All teachers that work with ELL students will analyze and collect data to

monitor student progress to improve aptitude in NYS assessments and NYSESLAT.

Objectives: By October 2012, teachers will be able to use the analysis of assessment data from the NYS and NYSESLAT assessments to help ESL teachers and teachers of ELL’s guide and/or improve instruction for the 2012-2013 academic year.

Activities: ESL teachers in collaboration with teachers of ELL’s, supervisors and RBE-RN will meet to analyze data and determine areas and/or grades needing improvement.

Evaluation: Meeting attendance sheets Follow-up faculty meetings and discussions about data and progress. Written synopsis of data analysis, including graphs. ELL’s proficiency levels on the NYS Assessments.

Goal 2: The district will continue to meet the performance target for AMAO 1 (65.3

%) Objectives: By June 2013, 68 % of ELLs taking the NYSESLAT in grades K-8 will

demonstrate progress by testing as proficient, progressing to the next proficiency level, or showing a 43 point increase in scale score from 2012. The percentage of ELLs demonstrating progress in grades 9-12 will increase to 66%.

Activities: ESL teachers will continue to focus on the skills needed to comprehend and respond to non-fiction, particularly using textual evidence, comparing, contrasting, evaluating and synthesizing.

ESL teachers (3-12) will continue to implement and develop strategies necessary to support ELL’s in the area of writing.

ESL (3-6) teachers will continue to implement strategies in fluency, questioning, assessing students, working with non-fiction text, writing essays and engaging and motivating students with culturally relevant materials learned in workshops with Dr. Hunt & Dr. Stone

ESL (9-12) teachers will continue to provide content area support in a way that is consistent with part 154 regulations.

ESL teachers will participate in on-site professional development that

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focuses on strategies to improve reading and writing. The RBERN will provide onsite coaching to ESL teachers and teachers

who teach ELL’s on best classroom practices. The district will provide a minimum of three “blocked off” days for

administering the NYSESLAT in each building so that there won’t be conflicts with field trips, assemblies, and other activities.

Evaluation: Follow-up faculty meetings and discussions about progress. Formal and informal observation of strategy implementation in

classrooms. Attendance sheets for professional development. Discussion of instructional needs of students. Increase in student academic achievement. ELL’s proficiency levels on the NYS Assessments.

Goal 3:

In Grades 3-8, the district will meet safe harbor in ELA and Math and AYP for Algebra and ELA Regents exams.

Objectives: By October 2012, teachers will be able to adjust, improve and or learn additional instructional practices to increase student progress in the 2013 NYS assessments using collected data from the 2012 assessments.

Activities: Teachers will continue to support the Envision Math program in the K-2 building by applying research-based second-language learning strategies.

Implementation of the Envision Math program in grades 3-6. Teachers will continue to align their curriculum across all grades to the

Common Core State Standards. Staff working with grades K-12 will participate in on-going

professional development workshops, study groups, and targeted curriculum initiatives.

Training on techniques for differentiated instruction and working with ELL’s with special needs will be provided.

ESL teachers’ schedules will permit them to be included in discussions/meetings regarding ELA assessments.

K-6 ESL teachers will be provided with the necessary materials to allow them to support the Journeys reading program.

Oral translation will be provided for the math assessment and Algebra Regents exam for languages for which there is no alternate version of the assessment

Evaluation: Formal and informal observation of strategy implementation in

classrooms. Periodic monitoring of classroom assessments to guide instruction. Attendance sheets from Staff Development. Student Results on ELA and Math state assessments.

xix

CONSULTATION/COLLABORATION DOCUMENTATION FORM LEA Name: Hudson City School District BEDS Code: 1 0 1 3 0 0 0 1 0 0 0 3

Copy and use additional pages as necessa

The U.S. Department of Education requires LEAs/Consortia to consult and/or collaborate with various groups in the development of the LEA’s and Consortium’s Title III AMAO Improvement Plan (AMAO-IP). In developing the plan, the LEA or Consortium must consult with parents, school staff, and others (i.e. Regional Bilingual Education Resource Network-RBE-RN and community-based organizations). Methods of consultation include face to face meetings, e-mail, fax, telephone calls, letters and video conferencing. This form must be completed and submitted to SED by each LEA submitting a Title III AMAO-IP in order to document that appropriate consultation/collaboration has occurred or was attempted with constituency groups as follows: 1. Representatives of constituency groups who sign the form under their name in column 1 are effectively affirming that appropriate consultation has occurred. (The signature does not indicate agreement.) Supporting documentation (e.g., meeting agendas, minutes and rosters) must be maintained by the LEA/Consortium.

2. For representatives of constituency groups who have consulted with the LEA but whose signatures are unobtainable, information must be entered in column 4; supporting documentation (e.g., meeting agendas, minutes and rosters) must be maintained by the LEA and a summary of such documentation must be submitted to SED with LEA/Consortium’s School Improvement Grant Application.

ATTACHED Please Note: If consultation/collaboration did occur, but the LEA/Consortium was not able to obtain the required signature from each of the required constituency groups, this should be indicated in Column 4 and a summary of supporting documentation (e.g., meeting agendas, minutes and rosters) has to be submitted with the AMAO-Improvement Plan (IP) application. If consultation/collaboration did not occur for each of the required constituency groups, this should be indicated in Column 4 for applicable constituency groups. LEA/Consortium has to submit appropriate documentation/explanation with the AMAO-Improvement Plan (IP) application.

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APPENDIX A: ELL Population

129 ELLs Grade level:

o K: 21 o 1: 10 o 2: 16 o 3: 9 o 4: 13 o 5: 6 o 6: 9 o 7: 4 o 8: 6 o 9: 9 o 10: 7 o 11: 9 o 12: 5

Native languages: o Arabic 9% o Bangla 40% o Chinese 4% o Haitian Creole 11% o Portuguese <1% (one student) o Spanish 32% o Tagalog <1% (one student) o Urdu 3%

Countries of origin: (doesn’t add up to 100 because of rounding) o Bangladesh 40% o Brazil <1% (one student) o China 4% o Dominican Republic 3% o El Salvador 4% o Guatemala 4% o Haiti 11% o Mexico 18% o Pakistan 3% o Philippines <1% (one student) o Puerto Rico 5% o US <1% (one student) o Yemen 9%

SWD: 8% (10 students) SIFE:2 % ( 3 students) Long term LEP: 6% [ 8 (4 are SWD, 1 declassified)]

xxi

xxii

xxiii

xxiv

APPENDIX C: AMAO 1 Trend 2009 -2011

0

20

40

60

80

100

120

2009 2010 2011

year

% m

aking

pro

gress

Goal

District

k-1

2-4

5-6

7-8

9-12

xxv

APPENDIX E

APPENDIX D: AMAO 2 Trend 2009-2011

0

10

20

30

40

50

60

70

80

2009 2010 2011

year

% testing out

Goal

District

k-1

2-4

5-6

7-8

9-12

xxvi

AMAO 1 Trend ELLs with disabilities

0

10

20

30

40

50

60

70

80

90

2009 2010 2011

year

% m

aking progress

AMAO 1GoalSWD

xxvii

AMAO 2 Trend ELLs with disabilities

0

2

4

6

8

10

12

14

1 2 3

year

% testing out

AMAO 2

SWD

xxviii

APPENDIX F: NYSESLAT PROGRESSION

GRADE 1

0

1

2

3

4

A B C D E F G H I J

STUDENTS

LE

VE

LS

- 1

=B

EG

INN

ER

2=

INT

ER

ME

DIA

TE

3=

AD

VA

NC

ED

4=

PR

OF

ICIE

NT

2009

2010

2011

xxix

NYSESLAT PROGRESSION GRADE 2

0

1

2

3

4

A B C D E F G H I J K L M

STUDENTS Note: Students A,G, & K = SPED

LE

VE

LS

- 1

=B

EG

INN

ER

2=

INT

ER

ME

DIA

TE

3=

AD

VA

NC

ED

4=

PR

OF

ICIE

NT 2009

2010

2011

xxx


0

0.5

1

1.5

2

2.5

3

3.5

4

4.5

A B C D E F G H I J K L M N

STUDENTS Note: Student E = SPED

LE

VE

LS

- 1

=B

EG

INN

ER

2=

INT

ER

ME

DIA

TE

3=

AD

VA

NC

ED

4=

PR

OF

ICIE

NT

2009

2010

2011

xxxi


0

1

2

3

4

A B C D E F G H I J K L

STUDENTS Note: Student J = SPED

LE

VE

LS

- 1

=B

EG

INN

ER

2=

INT

ER

ME

DIA

TE

3=

AD

VA

NC

ED

4=

PR

OF

ICIE

NT 2009

2010

2011

xxxii


0

1

2

3

4

A B C D E F G H I J K L M N

STUDENTS Note: Student F = SPED

LE

VE

LS

- 1

=B

EG

INN

ER

2

=IN

TE

RM

ED

IAT

E

3=A

DV

AN

CE

D

4=P

RO

FIC

IEN

T

2009

2010

2011

xxxiii


0

1

2

3

4

A B C D E F G H I J K L M N O P Q R S T U V W X Y

STUDENTS Note: Students K, T, & Y = SPED

LE

VE

LS

- 1

=B

EG

INN

ER

2=

INT

ER

ME

DIA

TE

3=

AD

VA

NC

ED

4

=P

RO

FIC

IEN

T

2009

2010

2011

xxxiv


0

1

2

3

4

A B C D E F G H

STUDENTS Note: Student F = SPED

LE

VE

LS

- 1

=B

EG

INN

ER

2=

INT

ER

ME

DIA

TE

3=

AD

VA

NC

ED

4=

PR

OF

ICIE

NT

2009

2010

2011

xxxv


0

1

2

3

4

A B C D E F

STUDENTS Note: Students E & F= SPED

LE

VE

LS

- 1

=B

EG

INN

ER

2

=IN

TE

RM

ED

IAT

E

3=

AD

VA

NC

ED

4

=P

RO

FIC

IEN

T

2009

2010

2011

xxxvi


0

1

2

3

4

A B C D E

STUDENTS

LE

VE

LS

- 1

=B

EG

INN

ER

2

=IN

TE

RM

ED

IAT

E

3=A

DV

AN

CE

D

4=P

RO

FIC

IEN

T

2009

2010

2011

xxxvii


0

1

2

3

4

A B C D E F G H I J

STUDENTS Note: Student G = SPED

LE

VE

LS

- 1

=B

EG

INN

ER

2=

INT

ER

ME

DIA

TE

3=

AD

VA

NC

ED

4

=P

RO

FIC

IEN

T

2009

2010

2011

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NSESLAT PROGRESSION GRADE 11

0

1

2

3

4

A B C D

STUDENTS

LE

VE

LS

- 1

=B

EG

INN

ER

2=

INT

ER

ME

DIA

TE

3=

AD

VA

NC

ED

4

=P

RO

FIC

IEN

T

2009

2010

2011

xxxix


0

1

2

3

4

A B C D

STUDENTS

LE

VE

LS

- 1

=B

EG

INN

ER

2

=IN

TE

RM

ED

IAT

E

3=

AD

VA

NC

ED

4

=P

RO

FIC

IEN

T

2009

2010

2011

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APPENDIX G: NYSESLAT Writing Gap Analysis

prewriting gap analysis

-35

-30

-25

-20

-15

-10

-5

0

k-1 2 3-4 5-6 7-8 9-12

grades

Gap

by

PI

1-4 PW

3-1 PW

3-3 PW

3-6 PW

3-9 PW

5-6 PW

writing gap analysis

-35

-30

-25

-20

-15

-10

-5

0

5

k-1 2 3-4 5-6 7-8 9-12

grades

gap

by

PI 1-2W

1-11W

3-1W

3-6 W

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APPENDIX H: NYSESLAT Reading Gap Analysis

Reading Standard 1 gap

-35

-30

-25

-20

-15

-10

-5

0

k-1 2 3-4 5-6 7-8 9-12

grades

PI a

nd

ga

p

1-1

1-3

1-4

1-5

1-6

1-16


-60

-50

-40

-30

-20

-10

0

k-1 2 3-4 5-6 7-8 9-12

grades

PI

and

Gap

2-2

2-3

2-4

2-5

2-12

xlii


-40

-35

-30

-25

-20

-15

-10

-5

0

k-1 2 3-4 5-6 7-8 9-12

grades

PI a

nd

ga

p

3-1

3-2

3-3

3-5

3-9

Reading Standards 4&5 gap

-30

-25

-20

-15

-10

-5

0

2 3-4 5-6 7-8 9-12

grades

PI

and

gap

4-8

5-2

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APPENDIX I: ELA Trend

0

10

20

30

40

50

60

70

2009 2010 2011

year

% p

rofi

cie

nt

District

English proficient

ELL

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APPENDIX J: Math Proficiency trend

0

10

20

30

40

50

60

70

80

2009 2010 2011

year

% p

rofi

cien

t district

English proficient

ELL

xlv

APPENDIX K: ELA Gap Analysis Grade 3 SPI 1

• Identify main ideas and supporting details in informational texts • (-0.25 to -0.41) regional performance gap (48% avg. correct)

• Read unfamiliar texts to collect and interpret data, facts, and ideas • (-0.17 to -0.36) regional performance gap (69% avg. correct)

• Read and understand written directions • (-0.19 to -0.27) regional performance gap (69% avg. correct)

SPI 2

• Use knowledge of story structure , story elements, and key vocabulary to interpret stories

• (-0.20 to -0.37) regional performance gap (46% avg. correct)

• Use specific evidence from stories to describe characters, their actions, and their motivations


• Identify elements of character, plot, and setting to understand the author’s message or intent

• (-0.05 to -0.41) regional performance gap (88% avg. correct) SPI 3

• Evaluate the content by identifying the author’s purpose • (-0.24 to -0.37) regional performance gap (45% avg. correct)

Grade 4 SPI 1

• Use graphic organizers to record significant details from informational texts • (-0.18 to -0.19, & -1.09) regional performance gap (51% avg. correct)

• Determine the meaning of unfamiliar words by using context clues, dictionaries, and other classroom resources

• (-0.20 to -0.29) regional performance gap (53% avg. correct) • Collect and interpret data, facts, and ideas from unfamiliar texts


SPI 2 • Make predictions, draw conclusions, and make inferences about events and

characters • (-0.15 to -0.40) regional performance gap (40% avg. correct)

• Use knowledge of story structure, story elements, and key vocabulary to interpret stories

• (-0.18 to -0.34)regional performance gap (45% avg. correct) • Use specific evidence from stories to describe characters, their actions, and their

motivations

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• (-0.03 – 0.24, -0.78 SR) regional performance gap (63% avg. correct) • Identify elements of character, plot, and setting to understand the author’s message

or intent • (-0.02 to -0.19) regional performance gap (74% avg. correct)

SPI 3 • Evaluate the content by identifying the author’s purpose

– (-0.16 to -0.23) regional performance gap (55% avg. correct)

• Evaluate the content by identifying important and unimportant details – (0.16 to -0.28) regional performance gap (58% avg. correct)

Grade 5

SPI 1 • Compare and contrast information on one topic from multiple sources

• (-16 to -.26) regional performance gap (60% avg. correct) • Read to collect and interpret data, facts, and ideas from multiple sources

• (-.06 to -.17) regional performance gap (69% avg. correct) • Identify information that is implicit rather than stated

• (-.09 to -.24) regional performance gap (71% avg. correct) • Identify essential details for note taking

• (-.08 to -.12) regional performance gap (79% avg. correct)

PI 2 • Identify literary elements, such as setting, plot, and character of different genres


• Read, view, and interpret literary texts from a variety of genres • (-.10 to -.34) regional performance gap (59% avg. correct)

SPI 3 • Evaluate information , ideas, opinions, and themes in texts by identifying a central

idea and supporting details • (-.10 to -.33) regional performance gap (56% avg. correct)

• Use correct grammatical construction in complete simple, compound, and complex

sentences • (-.10 to -.15) regional performance gap (69% avg. correct)

Grade 6

SPI 1 • Recognize organizational formats to assist in comprehension of informational text

(-.12to -.25) regional performance gap (49% avg. correct)

• Read to collect and interpret data, facts, and ideas • (-.17 to -.31) regional performance gap (54% avg. correct)

xlvii

• Compare and contrast information on one topic from multiple sources


• Identify information that is implied rather than stated • (-.17 to -.20) regional performance gap (65% avg. correct)

SPI 2 • Recognize how the author uses devices, such as simile, metaphor, and

personification to create meaning • (-.05 to -.14) regional performance gap (57% avg. correct)

• Identify literary elements (e.g., setting, plot, and character, rhythm and rhyme) of

different genres • (-.13 to -.27) regional performance gap (59% avg. correct)

• Read, view and interpret imaginative texts from a variety of genres


• Identify a character’s motivation • (-.03 to .05) regional performance gap (86% avg. correct)

SPI 3 • Use correct grammatical construction in complete simple, compound, and complex

sentences • (-.05 to -.21) regional performance gap (67 % avg. correct)

• Evaluate information , ideas, opinions, and themes in texts by identifying a central

idea and supporting details • (-.02 to -.27) regional performance gap (67% avg. correct)

Grade 7 SPI 1

Draw conclusions and make inferences on the basis of explicit information • (-0.15 to -0.37 & -0.42 SR) regional performance gap (51% avg. MC

correct) • Use knowledge of structure, content, and vocabulary to understand information text

• (-0.21 to -0.32) regional performance gap (58% avg. correct) • Interpret data, facts, and ideas from informational texts by applying thinking skills

• (-0.11 to -0.24) regional performance gap (73% avg. correct) • Recall significant ideas and details, and describe the relationships between and

among them • (-0.04 to -0.07 &-0.37 SR) regional performance gap (78% avg. MC

correct) SPI 2

xlviii

• Recognize how the author’s use of language creates images or feelings • (-0.24 to -0.36) regional performance gap (36% avg. correct)

• Interpret characters, plot, setting, and theme, using evidence from the text

• (-0.10 to -0.29, -0.47 SRs) regional performance gap (50% avg. MC correct)

SPI 3 • Evaluate examples, details, or reasons used to support ideas


• Use correct grammatical construction in simple/compound/complex sentences; note especially subject-verb


Grade 8 SPI 1

• Condense, combine, or categorize new information from one or more sources • (-0.13 to -0.43 & -0.35 SR) regional performance gap (52% avg. MC

correct)

• Recall significant ideas and details and the relationships between and among them • (-0.04 to -0.32 & -0.43 SR) regional performance gap (64% avg. MC

correct)

• Apply thinking skills, such as define, classify, and infer, to interpret data, facts, and ideas


• Draw conclusions and make inferences on the basis of explicit and implied information

• (0.00 to -0.32) regional performance gap (72% avg. MC correct) SPI 2 • Recognize how the author’s use of language creates images or feelings


• Interpret characters, plot, setting, and theme, using evidence from the text • (-0.13 to -0.43) regional performance gap (66% avg. correct)

SPI 3 • Use correct grammatical construction in simple/compound/complex sentences; note

especially subject-verb • (-0.18 to -0.37) regional performance gap (28% avg. correct)

• Evaluate examples, details, or reasons used to support ideas


xlix

APPENDIX L.

2010 ESCA Recommendations:

1. Continue the curriculum mapping work that has been started in the district with a specific focus on developing standards-based units with specific objectives, performance indicators, assessments, and strategies being woven together, explicity, within each unit.

The development of curriculum maps has continued with great progress in this area. All of the necessary elements are being included in the maps. The district has dedicated time during PD days, school vacations, and summer to developing and refining the curriculum maps to include these key elements. Likewise, PD workshops and meetings conducted by the Assistant Superintendent for Curriculum and Instruction have provided specific training on what standards-based units must include.

2. A K-6 process for assessment data usage should be developed and implemented, expanding initiatives in this area currently underway.

A K-6 RTI Committee has been meeting regularly to inventory the data collection tools currently being utilized and refine the process for use across the grades.

3. As is stated in the District APPR Plan, the supervisory process

must be more closely linked to the written, taught and tested curriculum.

A renewed focus on the written, taught, and tested curriculum has linked the supervisory process more closely to this expectation. Principals are meeting with teachers to discuss gaps in content and skills and working to fill those gaps.

4. Professional Development must begin to move away from a

menu-driven option or a self-selected option to an approach focused more directly on standards-based instruction and curriculum development.

Professional Development is not menu-driven or self-selected in the district. Instead, workshops are offered that focus on standards-based instruction and curriculum development. A copy of the November 2011 PD day is attached as a sample.

5. Adjust the delivery and content of special education programming so as to assure each student receives equal access to quality instruction and to the curriculum.

l

The Director of Student Services is working on making changes to the continuum of services offered by each school in the district to better serve special education students.

6. Structure and Systems: Communication about the written, taught, and tested curriculum must be increased between John L. Edwards Primary School and the Montgomery C. Smith Intermediate School.

Principals’ Meetings with the Assistant Superintendent for Curriculum and Instruction have been restructured to afford better focus on each grade level band. The Assistant Superintendent meets on a rotating basis with K-6, 3-8, and 7-12 principals to discuss the written, taught, and tested curriculum. Likewise, K-2 teachers are invited to participate in the same PD workshops as the 3-6 teachers to help everyone to be on the same page. Other meetings, such as the K-6 RTI Committee, also help to disseminate K-6 curriculum information to all levels.

7. Establish a structure and systems by which a standards-based written, taught, and tested curriculum can be developed, monitored, reviewed and renewed.

A Curriculum Steering Committee has been resurrected in the district with K-12 grade level/department chairpersons attending collectively at least three times per year. In the past, there were contractual barriers preventing this group from meeting on a regular basis. The district has restructured monthly chairperson meetings to meet collectively to develop, monitor, review and renew curriculum as required.

li

APPENDIX M

STUDENT BULLYING PREVENTION AND INTERVENTION The Board of Education is committed to providing an educational and working environment that promotes respect, dignity and equality. The Board recognizes that harassment, hazing and bullying is detrimental to student learning and achievement. It interferes with the mission of the district to educate its students and disrupts the operation of the schools. Such behavior affects not only the students who are its targets but also those individuals who participate and witness such acts.

To this end, the Board condemns and strictly prohibits all forms of harassment, hazing and bullying on school grounds, school buses and at all school-sponsored activities, programs and events including those that take place at locations outside the district but that materially and substantially disrupt the educational process of the school environment or impinge on the rights of others.

Definitions For purposes of this policy, the term “harassment” is defined as the creation of a hostile environment by conduct or by verbal threats, intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being; or conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety. The harassing behavior may be based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (identity or expression).

In some instances, bullying or harassment may constitute a violation of an individual’s civil rights. The district is mindful of its responsibilities under the law and in accordance with district policy, 0100, Equal Opportunity and Nondiscrimination and 0110, Sexual Harassment.

For the purposes of this policy, “bullying” (which is subsumed under the term

“harassment”), is understood to be a hostile activity which harms or induces fear through the threat of further aggression and/or creates terror. Bullying may be premeditated or a sudden activity. It may be subtle or easy to identify, done by one person or a group. Bullying is characterized by:

1. Power imbalance - occurs when a bully uses his/her physical or social power over a

target. 2. Intent to harm - the bully seeks to inflict physical or emotional harm and/or takes

pleasure in this activity. 3. Threat of further aggression - the bully and the target believe the bullying will

continue. 4. Terror - when any bullying increases, it becomes a “systematic violence or harassment

used to intimidate and maintain dominance.”

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(Barbara Coloroso, The Bully, The Bullied & The Bystander, 2003)

There are at least three kinds of bullying: verbal, physical and

psychological/social/relational.

Verbal bullying includes, but is not limited to, name calling, insulting remarks, verbal teasing, frightening phone calls, violent threats, extortion, taunting, gossip, spreading rumors, racist slurs, threatening electronic communications, anonymous notes, etc.

Physical bullying includes, but is not limited to, poking, slapping, hitting, tripping or causing a fall, choking, kicking, punching, biting, pinching, scratching, spitting, twisting arms or legs, damaging clothes and personal property, or threatening gestures.

Social, psychological or relational bullying includes, but is not limited to, excluding someone from a group, isolating, shunning, spreading rumors or gossiping, arranging public humiliation, undermining relationships, teasing about clothing, looks, giving dirty looks, aggressive stares, etc.

In the remainder of this policy and associated regulation the term “bullying” will be used to refer to harassing or hazing behaviors because that is the term most commonly used by students and parents. Cyberbullying As with other forms of bullying, cyberbullying is an attempt to display power and control over someone perceived as weaker. Cyberbullying involving District students may occur both on campus and off school grounds and may involve student use of the District Internet system or student use of personal digital devices while at school, such as cell phones, digital cameras, and personal computers to engage in bullying. Cyberbullying includes, but is not limited to, the following misuses of technology: harassing, teasing, intimidating, threatening, or terrorizing another student or staff member by way of any technological tool, such as sending or posting inappropriate or derogatory e-mail messages, instant messages, text messages, digital pictures or images, or Web site postings (including blogs).

Cyberbullying has the effect of: 1. Physically, emotionally or mentally harming a student; 2. Placing a student in reasonable fear of physical, emotional or mental harm; 3. Placing a student in reasonable fear of damage to or loss of personal property; and 4. Creating an intimidating or hostile environment that substantially interferes with a

student’s educational opportunities. Also, cyberbullying that occurs off-campus, that causes or threatens to cause a material or substantial disruption in the school, could allow school officials to apply the “Tinker standard” where a student’s off-campus “speech” may be subject to formal discipline by school officials

liii

when it is determined that the off-campus speech did cause a substantial disruption or threat thereof within the school setting [Tinker v. Des Moines Indep. Sch. Dist. 393 U.S. 503 (1969)]. Such conduct could also be subject to appropriate disciplinary action in accordance with the District Code of Conduct and possible referral to law enforcement authorities. Prevention

The school setting provides an opportunity to teach children, and emphasize among staff, that cooperation with and respect for others is a key district value. A program geared to prevention is designed to not only decrease incidents of bullying, but to help students build more supportive relationships with one another by integrating the bullying prevention program into classroom instruction. Staff members and students will be sensitized, through district-wide professional development and instruction, to the warning signs of bullying, as well as to their responsibility to become actively involved in the prevention of bullying before overt acts occur. The components of such an effort involve the following:

Learning about and identifying the early warning signs and precursor behaviors that may lead to bullying.

Gathering information about bullying at school directly from students. Establishing clear school wide and classroom rules about bullying. Training adults in the school to respond sensitively and consistently to bullying. Providing adequate adult supervision, particularly in less structured areas such as in the

hallways, cafeteria and playground. Raising parental awareness and involvement in addressing problems. Providing instruction in civility, citizenship and character education that emphasizes

tolerance and respect for others.

In order to implement this program the Superintendent will establish a district-wide Safety Team on Bullying Prevention, as well as Safety Committees in each school. The district-wide team and the school-level committees will assist the administration in developing and implementing specific procedures on early identification of bullying and other preventive strategies. In addition, the program will include reporting, investigating, remedying and tracking allegations of bullying. Intervention Intervention by adults and bystanders is an important step in preventing escalation and resolving issues at the earliest stages. Intervention will emphasize education and skill-building. In addition, intervention will focus upon the safety of the target/victim. Staff is expected, when made aware of bullying, to either refer the student to designated resources for assistance, or to intervene in accordance with this policy and regulation. Training

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The Board recognizes that in order to implement an effective bullying prevention and intervention program, professional development is needed. The Superintendent and the district Professional Development Team will incorporate training to support this program in the annual professional development plan, as needed. Training opportunities will be provided for all staff, including but not limited to bus drivers, cafeteria and hall monitors and all staff who have contact with students. In accordance with state law, the Superintendent shall ensure that at least one staff member is thoroughly trained in human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender and sex.

Reporting and Investigation

Students who have been bullied, parents whose children have been bullied, or other students who observe bullying behavior are encouraged to make a verbal and/or written complaint to a teacher, coach, bus driver, social worker, counselor, supervisor, or administrator in accordance with the training and guidelines provided. At all times, complaints will be documented, tracked and handled in accordance with the regulations and procedures accompanying this policy, or, if applicable, district policy 0100, Equal Opportunity and Nondiscrimination or 0110, Sexual Harassment, and the district’s Code of Conduct. Incidents will be included in the Violent and Disruptive Incident Reporting (VADIR) system, when applicable. Disciplinary Consequences

While the focus of this policy is on prevention, bullying acts may still occur. In these cases, offenders will be given the clear message that their actions are wrong and the behavior must improve. Offenders will receive in-school guidance in making positive choices in their relationships with others. If appropriate, disciplinary action will be taken by the administration in accordance with the district’s Code of Conduct, as applicable. If the behavior rises to the level of criminal activity, law enforcement will be contacted. Non Retaliation All complainants and those who participate in the investigation of a complaint in conformity with state law and district policies, who have acted reasonably and in good faith, have the right to be free from retaliation of any kind. Dissemination, Monitoring and Review This policy, or a plain language summary, shall be published in student registration materials, student, parent and employee handbooks, and posted on the district’s website.

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Each year, as part of the annual review of the Code of Conduct, this policy will be reviewed to assess its effectiveness and compliance with state and federal law. If changes are needed, revisions will be recommended to the Board for its consideration. In addition, the Board will receive the annual VADIR data report for each building and for the district as whole, with particular attention to the trends in the incidence of bullying. Based on the review of the data, the Board may consider further action, including but not limited to modification of this policy and additional training. Cross-ref: 0100, Equal Opportunity and Nondiscrimination 0110, Sexual Harassment 5300, Code of Conduct

Ref: Dignity for All Students Act, Education Law, §10 – 18 Americans with Disabilities Act, 42 U.S.C. §12101 et seq. Title VI, Civil Rights Act of 1964, 42 U.S.C. §2000d et seq. Title VII, Civil Rights Act of 1964, 42 U.S.C. §2000e et seq.; 34 CFR §100 et seq. Title IX, Education Amendments of 1972, 20 U.S.C. §1681 et seq. §504, Rehabilitation Act of 1973, 29 U.S.C. §794 Individuals with Disabilities Education Law, 20 U.S.C §§1400 et seq. Executive Law §290 et seq. (New York State Human Rights Law) Education Law §§313(3), 3201, 3201-a

Davis v. Monroe County Board of Education, 526 U.S. 629 (1999) Gebser v. Lago Vista Independent School District, 524 U.S, 274 (1998) Faragher v. City of Boca Raton, 524 U.S. 775 (1998) Burlington Industries v. Ellerth, 524 U.S. 742 (1998)

Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998) Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992) Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)

Adoption date: August 22, 2011

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APPENDIX N

HUDSON CITY SCHOOL DISTRICT

CODE

OF

CONDUCT

IMPLEMENTING

PROJECT SAVE Board of Education Adoption: 09/04/01 Revised: 07/14/03, 10/06/03, 04/05/04,

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04/11/05, 03/26/07, 01/11/10

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Table of Contents

I. Introduction……………………………………………………………. 1 II. Definitions……………………………………………………………... 1 III. Student Rights and Responsibilities…………………………………… 2 A. Student Rights………………………………………………….. 2 B. Student Responsibilities………………………………………... 2 IV. Essential Partners……………………………………………………… 3 A. Parents………………………………………………………….. 3 B. Teachers………………………………………………………... 3 C. Aides, Food Servers, Custodial/Maintenance and Other District Personnel……………………………………………… 4 D. Guidance Counselors…………………………………………. 4 E. Principals/Assistant Principals………………………………… 4 F. Superintendent…………………………………………………. 4 G. Board of Education…………………………………………….. 4 V. Student Dress Code……………………………………………………. 5 VI. Prohibited Student Conduct…………………………………………… 5 A. Engage in Conduct that is Disorderly………..………………… 5 B. Engage in Conduct that is Insubordinate……………………….. 6 C. Engage in Conduct that is Disruptive…………………………... 6 D. Engage in Conduct that is Violent……………………………… 6 E. Engage in Any Conduct that Endangers the Safety, Morals, Health or Welfare of Others…………………………………… 6 F. Engage in Misconduct While on a School Bus………………… 7 G. Engage in Any Form of Academic Misconduct………………… 7 VII. Reporting Violations………………………………………………….. 7 VIII. Disciplinary Penalties, Procedures and Referrals…………………….. 8 A. Penalties……………………………………………………….. 8 B. Procedures……………………………………………………… 9

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C. Minimum Periods of Suspension……………………………… 13 D. Resource Referrals – Non-Disciplinary……………………….. 14 IX. Alternative Instruction………………………………………………… 14 X. Discipline of Students with Disabilities………………………………. 14 A. Authorized Suspensions or Removals of Students with Disabilities……………………………………………….. 15 B. Change of Placement Rule……………………………………. 16 C. Special Rules Regarding the Suspension or Removal of Students with Disabilities………………………………….. 16 D. Expedited Due Process Hearings……………………………… 18 E. Referral to Law Enforcement and Judicial Authorities………. 19 XI. Corporal Punishment…………………………………………………. 19 XII. Student Searches and Interrogations…………………………………. 19 A. Student Lockers, Desks and Other School Storage Places…… 20 B. Documentation of Searches…………………………………… 20 C. Police Involvement in Searches and Interrogations of Students……………………………………………………. 20 D. Child Protective Services Investigations……………………… 21 XIII. Visitors to the Schools……………………………………………….. 21 XIV. Public Conduct on School Property………………………………….. 22 A. Prohibited Conduct…………………………………………… 22 B. Penalties………………………………………………………. 23 C. Enforcement…………………………………………………… 23 XV. Dissemination and Review…………………………………………… 23 A. Dissemination of Code of Conduct…………………………… 24 Teacher Removal of Disruptive Student Form……………………………… 25 Principal/Designated Administrator Letter to Parent on Removal………….. 26 Principal Suspension Letter…………………………………………………. 27 Principal/Designated Administrator Decision on Appeal of Removal……… 29

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5300

CODE OF CONDUCT1

I. INTRODUCTION

The Board of Education of the Hudson City School District (“Board” or “District”) is committed to providing a safe and orderly school environment where students may receive and District personnel may deliver quality educational services without disruption or interference. Responsible behavior by students, teachers, other District personnel, parents and other visitors is essential to achieving this goal.

The Board has a long-standing set of 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, identify the possible consequences of unacceptable conduct, and to ensure that discipline, when necessary, is administered promptly and fairly.

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 an elementary or secondary student under the age of 21 who is substantially disruptive of the educational process or substantially interferes with the teacher's/supervisor’s authority over the classroom.

"Parent" means parent, guardian or person in parental relation to a student. “Behavioral Referral” is a written documentation of an action or actions that are

considered unacceptable in a designated school environment and the conduct of an individual violate the expectations set forth in the Code of Conduct.

"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 public elementary or secondary school, or in or on a school bus, as defined in Vehicle and Traffic Law §142.

"School function" means any school-sponsored extracurricular event or activity.

________________________ 1 In the event of any conflict between this Code and any building level Codes of Conduct, the terms of this Code shall control.

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"Violent student" means a student under the age of 21 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 District property. 8. Harasses another student or member of the school community on the basis of his/her

membership in a protected category. "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 cutters, 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.

Serious and/or flagrant violations of the District’s Code of Conduct at school or school

functions can result in an immediate Superintendent of School’s hearing. A student may be suspended from school or subjected to other disciplinary action.

III. STUDENT RIGHTS AND RESPONSIBILITIES A. Student Rights

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

1. Be provided equal opportunity for participation in District-sponsored activities

regardless of race, color, creed, national origin, religion, gender, age, predisposing genetic characteristics, domestic violence victim status, 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.

4. Be informed of changes made to the Code of Conduct. 5. Parents may elect to have an advocate attend a suspension hearing to speak on

behalf of the student. B. Student Responsibilities

All District 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 District policies, rules and regulations dealing with student conduct.

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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 according to the dress code. 10. Accept responsibility for their actions. 11. Conduct themselves as representatives of the District 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 A. Parents

All parents are expected to:

1. Recognize that the education of their child(ren) is a joint responsibility of the parents 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. 5. Insist their children be dressed 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. Convey to their children a supportive attitude toward education and the District. 9. Build good relationships with teachers, other parents and their children's friends. 10. Help their children deal effectively with peer pressure. 11. Inform school officials of changes in the home situation that may affect student

conduct or performance. B. Teachers

All District teachers are expected to:

1. Maintain a climate of mutual respect and dignity. 2. Strengthen students’ self-concept and promote confidence to learn. 3. Be prepared to teach. 4. Demonstrate interest in teaching and concern for student achievement. 5. Know school policies and rules, and enforce them in a fair and consistent manner. 6. 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.

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

8. Promote and provide a safe and orderly environment.

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C. Aides, Food Servers, Custodial/Maintenance and Other District Personnel

1. Maintain a climate of mutual respect and dignity toward strengthening each student’s self-concept and promote confidence to learn.

2. Demonstrate an interest and concern for student achievement. 3. Know the District policies and rules and enforce them in a fair and consistent

manner. 4. Promote a safe and orderly school environment. D. Guidance Counselors

1. Assist students in coping with peer pressure and emerging personal, social and emotional problems.

2. Initiate teacher/student/counselor conferences and parent/teacher/student/counselor conferences, as necessary, as a way to resolve problems.

3. Regularly review with students their educational progress and career plans. 4. Provide information to assist students with career planning. 5. Encourage students to benefit from the curriculum and extracurricular programs. 6. Promote and provide a safe and orderly school environment. 7. Know school policies and rules, and enforce them in a fair and consistent manner.

E. Principals/Assistant Principals

1. Promote and provide 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/assistant principal and approach the principal/assistant 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 within the school and community. 5. Be responsible for enforcing the code of conduct and ensuring that all cases are

resolved promptly and fairly. F. Superintendent

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

2. Review with District 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. Work with District administrators in enforcing the code of conduct and ensuring

that all cases are resolved promptly and fairly. 6. Review building data and statistics to evaluate the effectiveness of discipline.

G. Board of Education

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

2. Adopt and review, at least annually, the District's code of conduct to evaluate the code's effectiveness and the fairness and consistency of its implementation.

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3. 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. Students and their parents have the primary responsibility for acceptable student dress and appearance. Teachers and all other District personnel should exemplify and reinforce acceptable student dress and help students develop an understanding of appropriate appearance in the school setting. A student's dress, grooming and appearance, including hair style/color, jewelry, make-up, and nails, shall:

1. Be safe, appropriate and not disrupt or interfere with the educational process. 2. Recognize that extremely brief garments such as tube tops, net tops, halter tops, spaghetti

straps, plunging necklines (front and/or back), see-through garments, and revealing garments are not appropriate.

3. Ensure that underwear is completely covered with outer clothing. 4. Include footwear at all times. Footwear that is a safety hazard, and dangerous footwear

as determined by the building administrator will not be allowed. 5. Not include headwear in the school building except for a medical or religious purpose. 6. Not include items that are vulgar, obscene, libelous, or denigrate others on account of

race, color, creed, national origin, religion, gender, age, predisposing genetic characteristics, domestic violence victim status, sexual orientation or disability.

7. Not promote and/or endorse the use of alcohol, tobacco or illegal drugs and/or encourage other illegal or violent activities.

Each building principal or his or her designee 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 may be subject to discipline, up to and including in-school suspension for the day. Any student who repeatedly fails to comply with the dress code may be subject to further discipline, up to and including out-of-school suspension. 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, District 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. District 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. This Code of Conduct has established categories of conduct; however, they are not intended to be either mutually exclusive or exhaustive. Students may be subject to disciplinary action, up to and including suspension from school, when they:

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A. Engage in Conduct that is Disorderly. Examples of disorderly conduct include but are not limited to:

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 the District’s acceptable use policy.

8. Intimidation of students or school personnel. 9. Recklessly engaging in conduct which creates a substantial risk of physical injury.

B. Engage in Conduct that is Insubordinate. Examples of insubordinate conduct include but are not limited to:

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. 4. Making an audio and/or video recording, including still photographs during any

portion of the school day, or on school buses, or at school related activities, without the express authorization of appropriate school personnel.

5. Failing to comply with school rules related to cell phones, iPods, and other electronic devices.

C. Engage in Conduct that is Disruptive. Examples of disruptive conduct include but are

not limited to:

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 or attempting to do so (such as hitting, kicking,

punching, and scratching) upon person lawfully on school property. 2. 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.

3. Displaying what appears to be a weapon. 4. Threatening to use any weapon or threatening an act of violence. 5. Intentionally damaging or destroying the personal property of a student, teacher,

administrator, other District employee or any person lawfully on school property, including graffiti or arson.

6. Intentionally damaging or destroying District property.

E. Engage in Any Conduct that Endangers the Safety, Morals, Health or Welfare of Others. Examples of such conduct include but are not limited to: 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.

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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 based upon an individual’s race, color, creed, age, gender, marital status, sexual orientation, veteran status, national origin or disability.

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. In possession of or 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 District 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 and fighting will not be tolerated.

G. Engage in Any Form of Academic Misconduct. Examples of academic misconduct

include but are not limited to:

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, guidance counselor, the building principal or his or her designee. 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, the building principal, the principal’s designee or the superintendent. All District staff who are authorized to impose disciplinary sanctions are expected to do so in a prompt, fair and lawful manner. District 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

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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 a superintendent’s hearing and referral for prosecution no later than the close of that business day that the principal or his or her designee learns of the violation. The notification will be made by telephone, followed by a letter mailed on the same day as the telephone call is made. The building principal or his or her designee must notify the appropriate local law enforcement agency of those code violations that constitute a crime and substantially affect the order or security of a school as soon as practical, but in no event later than the close of business the day 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 may 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 be disciplined in accordance with Part 201 of the Commissioner’s Regulations as well as other applicable State and Federal law. A. Penalties

Students who are found to have violated the District's code of conduct may be subject to the following penalties, either alone or in combination. The superintendent or District administration are authorized to impose that penalty, consistent with the student's right to due process.

1. Oral warning – any member of the District staff 2. Written documentation of the offense – bus drivers, aides, coaches, guidance

counselors, teachers, principal, superintendent

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3. Parents will receive written notification of the offense from – bus drivers, aides, coaches, guidance counselors, teachers, principal, superintendent, after review by the administration

4. Detention – teachers, principal, superintendent 5. Suspension from transportation – principal, superintendent 6. Suspension from athletic participation – coaches, principal, superintendent,

athletic director 7. Suspension from social or extracurricular activities – activity director, principal,

superintendent 8. Suspension of other privileges – principal, superintendent

In-school suspension – principal, superintendent 9. Removal from classroom by teacher – teachers, principal 11. Short-term (five days or less) suspension from school – principal, superintendent,

Board 12. Suspension from school – principal, superintendent, Board 13. Long-term (more than five days) suspension from school – superintendent, 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.

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, principals and the superintendent may use after-school 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 building principal or the superintendent or their 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 unless the suspension from transportation amounts to a suspension from attendance for a period in excess of five days. However, the student and the student's parent will be provided with a reasonable opportunity for an informal conference with the building principal or the principal’s designee to discuss the conduct and the penalty involved.

3. Suspension from athletic participation, extracurricular activities and other privileges

A student subjected to a suspension from athletic participation, extracurricular 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

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informal conference with the District 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 building principals and the superintendent to place students who would otherwise be suspended from school as the result of a code of conduct violation in "in-school suspension." The in-school suspension teacher will be a certified teacher or certified teacher assistant. 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 the District 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 an elementary classroom or in an administrator's office; (2) sending a student to the principal's office for the remainder of the class time only; or (3) sending a student to a guidance counselor or other District staff member. 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 have a disruptive student removed from class by an administrator for up to two days. The removal from class applies to the class of the removing teacher only. For a student who is repeatedly disruptive, i.e., 4 or more occasions during a semester, the teacher must refer the student to the authorized administrator for a suspension consideration. If the disruptive student does not pose a danger or ongoing 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.

The teacher must complete a District-established disciplinary removal form and meet with the Principal or his or her designee as soon as possible, but no later than the end of the school

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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 principal or another District

administrator designated by the principal 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. Notice must 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 held during the contracted school day. 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 principal or the principal's 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 the District’s code of

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

suspension will be imposed.

The principal or his or her designee 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. 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. The type of continued educational program will vary depending on individual student needs, or may consist of, for example, study hall, behavior recovery room/academic intervention room, or other instruction as determined by the authorized administrator, the CSE, or other appropriate authority. Each teacher must keep a complete log (on a District 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. 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.

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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, education, 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 superintendent and the building principals.

Any staff member may recommend to the superintendent or the principal that a student be suspended. All staff members must immediately report and refer a violent student to the principal or the superintendent 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 superintendent or 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. Short term (five days or less) suspension from school

When the superintendent or principal (referred to as the "suspending authority") proposes to suspend a student charged with misconduct for five days or less pursuant to Education Law §3214(3), the suspending authority must immediately notify the student orally. If the student denies the misconduct, the suspending authority must provide an explanation of the basis for the proposed suspension. The suspending authority must also notify the student's parents in writing that the student may be suspended from school. The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the decision to propose suspension at the last known address for the parents. Where possible, notice should also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting the parents.

The notice shall provide a description of the charges against the student and the incident

for which suspension is proposed and shall inform the parents of the right to request an immediate informal conference with the principal. Both the notice and informal conference shall be in the dominant language or mode of communication used by the parents. At the conference, the parents shall be permitted to ask questions of complaining witnesses under such procedures as the principal may establish.

The notice and opportunity for an informal conference shall take place before the student is suspended unless the student's presence in school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process. If the student's presence does pose such a danger or threat of disruption, the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practicable.

After the conference, the principal shall promptly advise the parents in writing of his or her decision. The principal shall advise the parents that if they are not satisfied with the decision and wish to pursue the matter, they must file a written appeal to the superintendent within five business days, unless they can show extraordinary circumstances precluding them from doing so. The superintendent shall issue a written decision regarding the appeal within 10 business days of receiving the appeal. If the parents are not satisfied with the superintendent’s decision, they must file a written appeal to the Board with the District clerk within 10 business days of the date of the superintendent's decision, unless they can show extraordinary circumstances precluding them from doing so. Only final decisions of the Board may be appealed to the Commissioner within 30 days of the decision. b. Long term (more than five days) suspension from school

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When the superintendent or building principal determines that a suspension for more than

five days may be warranted, he or she shall give reasonable notice to the student and the student's parents of their right to a fair hearing. At the hearing the student shall have the right to be represented by counsel, the right to question witnesses against him or her and the right to present witnesses and other evidence on his or her behalf.

The superintendent shall personally hear and determine the proceeding or may, in his or her discretion, designate a hearing officer to conduct the hearing. The hearing officer shall be authorized to administer oaths and to issue subpoenas in conjunction with the proceeding before him or her. A record of the hearing shall be maintained, but no stenographic transcript shall be required. A tape recording shall be deemed a satisfactory record. The hearing officer shall make findings of fact and recommendations as to the appropriate measure of discipline to the superintendent. The report of the hearing officer shall be advisory only, and the superintendent may accept all or any part thereof.

An appeal of the decision of the superintendent may be made to the Board that will make

its decision based solely upon the record before it. All appeals to the Board must be in writing and submitted to the District clerk within 20 business days of the date of the superintendent's decision, unless the parents can show that extraordinary circumstances precluded them from doing so. The Board may adopt in whole or in part the decision of the superintendent. Final decisions of the Board may be appealed to the Commissioner within 30 days of the decision.

c. Permanent suspension

Permanent suspension is reserved for extraordinary circumstances such as where a student's conduct poses a life threatening danger to the safety and well-being of other students, school personnel or any other person lawfully on school property or attending a school function.

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 superintendent has the authority to modify the one year suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent 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 superintendent's belief 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

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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 superintendent has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent 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, or three or more occasions during a trimester. 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 superintendent has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

D. Resource Referrals – Non-Disciplinary

1. Counseling The Guidance Office shall handle all referrals of students to counseling.

2. PINS Petitions

The District may file a PINS (person in need of supervision) petition in Family

Court on any student under the age of 18 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 superintendent is required to refer the following students to the County Attorney for a juvenile delinquency proceeding before the Family Court:

a. Any student under the age of 16 who is found to have brought a weapon to school, or

b. Any student 14 or 15 years old who qualifies for juvenile offender status under the Criminal Procedure Law §1.20 (42).

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The superintendent may refer a student who is found to have brought a weapon on school property to appropriate law enforcement authorities. The superintendent (or principal) may report any infraction which constitutes a crime to appropriate legal authorities. Students are the District’s responsibilities once they are on the bus.

IX. ALTERNATIVE INSTRUCTION

When a student of any age is removed from class by a teacher or a student of compulsory attendance age is suspended from school pursuant to Education Law §3214, the District will take immediate steps to provide alternative means of instruction for the student.

X. 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 on 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.

Students classified under §504 will be referred to the §504 team if a manifestation

determination is required. 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 of a pupil from required attendance upon instruction 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 alternative educational setting (IAES) by a superintendent of schools for behavior involving weapons, illegal drugs or controlled substances, or 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. Appropriate school personnel may order the suspension or removal of a student with a disability from his or her current educational placement as follows:

a. A student with a disability may be subject to suspension for up to 10

consecutive school days, provided the suspension/removal does not constitute a change in placement as outlined in Section (B) of this Article,

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if the superintendent (or building principal in cases of suspensions of less than 5 days) 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, subject to the procedural requirements in the case of short term suspensions (less than five days) or long term suspensions (more than five days), respectively.

b. The superintendent 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 as provided in Section B of this Article.

c. The superintendent may order the placement of a student with a disability to an IAES which shall 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.

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 or a Court 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.

However, the District 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, or the student is placed in an IAES for behavior involving weapons, illegal drugs or controlled substances,

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subject to the District continuing to offer that student appropriate services or subject to parental request for expedited due process hearing under Section D(1)(b). C. Special Rules Regarding the Suspension or Removal of Students with Disabilities 1. The District's 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 the District 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, the school district 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, the school district is deemed to have had knowledge that their child was a student with a disability before the behavior precipitating disciplinary action occurred. If the district is deemed to have had such knowledge, the student will be considered a student presumed to have a disability for discipline purposes.

a. The superintendent, building 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 the district had knowledge the student was a student with a disability, the district 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.

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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 the district, which can include suspension.

3. The district 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. Superintendent hearings on disciplinary charges against students with disabilities subject to a suspension of more than five school days shall be divided into a guilt phase and a penalty phase in accordance with the procedures set forth in the Commissioner's regulations incorporated into this code.

6. 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 services as required by the Commissioner's regulations incorporated into this code.

D. Expedited Due Process Hearings

1. An expedited due process hearing shall be conducted in the manner specified by the Commissioner's regulations incorporated into this code, if: a. The District 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

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involving weapons, illegal drugs or controlled substances, or on grounds of dangerousness, 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 the district 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 the District 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. The District 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 superintendent 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, subject to the provisions of FERPA.

XI. 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 District employee is strictly forbidden.

However, in situations where alternative 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 district functions, powers and duties, if that student has refused to refrain from further disruptive acts.

The District will file all complaints about the use of corporal punishment with the

Commissioner of Education in accordance with Commissioner's regulations. XII. STUDENT SEARCHES AND INTERROGATIONS

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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 the District’s 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 superintendent, building principals, the school nurse and the District’s security officials to conduct 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 the District’s code of conduct.

An authorized school official may conduct a search of a student's belongings 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 the district 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. District 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 attempt to get the student to admit that he or she possesses physical evidence that they violated the law or the District’s code, or get the student to voluntarily consent to the search. Searches will be limited to the extent necessary to locate the evidence sought. 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. 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.

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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 building 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 item 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. C. Police Involvement in Searches and Interrogations of Students

District officials are 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 a crime has been committed on school property or at a

school function; or 3. Been invited by school officials.

Before police officials are permitted to question or search any student, the building principal or his or her designee shall first try to 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. The principal or designee will also be present during any police questioning or search of a student on school property or at a school function.

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.

D. Child Protective Services Investigations

Consistent with the District'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, the District 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 building principal or his or her designee. The principal or his or her designee shall set the time and place of the interview. The principal or 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 District medical personnel must be present during that portion of the interview. No student may

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be required to remove his or her clothing in front of a child protective services worker or District 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. XIII. VISITORS TO THE SCHOOLS The Board encourages parents and other District citizens to visit the District's schools and 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 building principal or his or 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 office of the principal upon arrival at the school. There they will be required to sign the visitor’s register and will be issued a visitor’s identification badge, which must be work at all times while in the school or on school grounds. The visitor must return the identification badge to the principal’s office before leaving the building.

3. Visitors attending school functions that are open to the public, such as parent-teacher organization meetings or public gatherings, are not required to register.

4. Parents or citizens who wish to observe a classroom while school is in session are required to arrange such visits in advance with the classroom teacher(s), 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 principal 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.

XIV. PUBLIC CONDUCT ON SCHOOL PROPERTY

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

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No person, either alone or with others, shall:

1. Intentionally injure any person or threaten to do so. 2. Intentionally damage or destroy District property or the personal property of a

teacher, administrator, other District 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 one’s membership in a protected category.

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 the District.

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 District 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. 16. Smoking in school facilities or on any school property. 17. Walking dogs on school property.

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. Tenured faculty members. They shall be subject to disciplinary action as the facts may warrant in accordance with Education Law §3020-a or any other legal rights that they may have.

4. Staff members in the classified service of the civil service entitled to the protection of Civil Service Law §75. They shall be subject to immediate ejection and to disciplinary action as the facts may warrant in accordance with Civil Service Law §75 or any other legal rights that they may have.

5. Staff members other than those described in subdivisions 4 and 5. 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 building principal or his or her designee shall be responsible for enforcing the

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conduct required by this code.

When the building principal or his or her designee 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 principal or his or her designee 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.

The District shall initiate disciplinary action against any student or staff member, as appropriate, with the "Penalties" section above. In addition, the District reserves its right to pursue a civil or criminal legal action against any person violating the code. XV. DISSEMINATION AND REVIEW A. Dissemination of Code of Conduct The Board will work to ensure that the community is aware of this code of conduct by:

1. Providing copies of either the code or a summary of the code to all students at a

general assembly held at the beginning of each school year or with each new student upon enrollment at school.

2. Making copies of the code available to all parents at any time during the school year.

3. Mailing the code or a summary of the code of conduct written in plain language upon request to all parents of District students before the beginning of the school year

4. Providing all current teachers and other staff members with a copy of the code at the beginning of each new school year during staff orientation before the start of classes and require each staff to submit a signed statement that they have received the document.

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

6. Making copies of the code available for review by students, parents and other community members.

The Board will sponsor an in-service education program for all District staff members to ensure the effective implementation of the code of conduct. The superintendent may solicit the recommendations of the District staff, particularly teachers and administrators, regarding in service programs pertaining to the management and discipline of students.

The Board will review this code of conduct every year and update it as necessary. In

conducting the review, the Board will consider how effective the code's provisions have been and whether the code has been applied fairly and consistently.

The Board may appoint an advisory committee to assist in reviewing the code and the District's response to code of conduct violations. The committee will be made up of representatives of student, teacher, administrator, and parent organizations, school safety personnel and other school personnel.

Before adopting any revisions to the code, the Board will hold at least one public hearing

at which school personnel, parents, students and any other interested party may participate. The

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code of conduct and any amendments to it will be filed with the Commissioner no later than 30 days after adoption.

Adoption date: January 11, 2010

STUDENT’S NAME


DATE OF INCIDENT

CLASS GRADE

TEACHER REMOVAL OF

DISRUPTIVE STUDENT

PERIOD

TEACHER

TIME OF DAY

DESCRIPTION OF INCIDENT (include all facts, quotes, etc., which may be important): __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Yes No Does student have a behavior plan? � � Is removal consistent with behavior plan? � � � yes � no Student notified of basis for removal and provided opportunity to tell their version

of the incident If yes, description of student’s version: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ If no: � Student presented an ongoing threat of disruptive behavior � Student presented an ongoing threat of violence Length of Removal from Teacher’s Classroom � one day � two days Time form submitted to Principal’s office: ____________ ________________________ Teacher’s Signature ______________________________________________________________________________

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Parental notification: (to be completed by Principal) � Letter � Telephone call � e-mail � other When was parent notified?: ____________________ Have there been prior removals of this student during this school year? � Yes ___ (number of prior removals) � No ___________________________________ Building Administrator’s Signature


PRINCIPAL/DESIGNATED ADMINISTRATOR LETTER TO PARENT ON REMOVAL

(Date) Re: .....(Student's Name).............. Dear ......................: On (date), your (son/daughter) engaged in the following conduct: (description of incident, including all facts, quotes, etc. which may be important). Such conduct violates the Hudson City School District Code of Conduct and (Name of School) Discipline Code and Student Handbook Consequently, your (son/daughter) has been removed by (name of teacher) from (his/her name of class) for a period of (number of days) days commencing (initial date of removal) and concluding (end date of removal). During the term of this removal, your child will be receiving continued educational programming consisting of: (describe services) Please discuss this matter with your child. At your request, you and your (son/daughter) may request an informal conference be held with me within 48 hours of the removal, to discuss the reasons for your child’s removal from the classroom. If you and/or your child denies the incident that gave rise to the removal, and appeals the teacher’s decision to remove your child from the classroom, you and/or your child will be permitted to present your child’s version of the

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event at the conference. Please contact my office immediately if you request an informal conference take place. You will be notified by the close of business of the next business day after the conclusion of the conference of my decision concerning your appeal. Thank you for your cooperation. Sincerely, Name of Principal/Designated Administrator


PRINCIPAL SUSPENSION LETTER (Date) Re: .....(Student's Name).............. (Parent's name and address) Dear ......................: On (date of incident), your (son/daughter) was (description of incident). Such conduct constitutes a violation of the Hudson City School District Code of Conduct (Name of School) Discipline Code and Student Handbook. Consequently, your (son/daughter) has been suspended from attendance in school for a period of (number of days) days commencing (initial date of suspension) and concluding (end date of suspension). Under the terms of this suspension, (name of student) shall not be permitted to participate in school activities of any type until after (name of student) is scheduled to return to school on the morning of (return date). This includes all academic, athletic and social events held either on campus or off campus. In addition, (name of student) shall not be permitted to be on or about school grounds for any purpose during the period of suspension. Please note that should (name of student) violate any of the suspension terms, (he/she) will be prosecuted to the fullest extent of the law. Upon (name of student)'s return to school on (return date), (he/she) will be responsible for making up all missed work and assignments. [FOR STUDENTS WHO TURN 16 YEARS

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OF AGE DURING THE SCHOOL YEAR AND YOUNGER, YOU MUST ADD THE FOLLOWING SENTENCE]. During the suspension period, alternative instruction will be made available to your (son/daughter) unless you refuse such services. Please contact our office at (telephone no.) to make appropriate arrangements for the tutoring services. A school suspension is a very serious matter and we respectfully ask that you please review this with (name of student). Please note that you and your (son/daughter) have the right to request an immediate informal conference with me at which you will have the right to question complaining witnesses. If you wish to exercise this right, please notify my office as soon as possible.

- 2 -

[OPTIONAL PARAGRAPH FOR SEVERE OFFENSES FOR WHICH A SUPERINTENDENT'S HEARING WILL BE HELD]:

This shall further notify you that due to the severity of the offense, I am recommending to the Superintendent that (student's name) be considered for suspension in excess of five (5) days, pursuant to Section 3214 of the Education Law. If the Superintendent acts on this recommendation, you will be notified by the Superintendent's office of the scheduled date and time of the Superintendent's Hearing. The (Name of School) takes great pride in providing a safe and sound educational environment for our students and violation of reasonable rules of order and discipline will not be tolerated. Thank you for your cooperation. Sincerely, (Name) Principal

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PRINCIPAL/DESIGNATED ADMINISTRATOR DECISION ON APPEAL OF REMOVAL

(Date) Re: .....(Student's Name).............. Dear ......................: I have considered your appeal of the decision by (name of teacher) to remove your (son/daughter) from (name of class) for a period of (number) days for engaging in (describe incident). After hearing the version of the events as described by you and/or your child, and hearing the version, as presented by (name of teacher), my determination is as follows:

□ Affirm the Removal Decision

□ Reverse the Removal Decision for the following reasons:

AMAO-IP

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______________________________________________________ ______________________________________________________ ______________________________________________________

□ Modify the Removal Decision because the conduct warrants a suspension from school for (number) of days. Thank you for your cooperation. Sincerely,

Name of Principal/Designated Administrator

Documents

ATTACHMENT Title III Annual Measurable Achievement ... · ... Percentage of Students Attaining English ... support for all 5th and 6th grade students. ... Junior/Senior High School,