CFN 204 · Diane Foley · Network Leader AVOID LEGALESE!!! DO NOT: Student assaulted a classmate in the lunchroom. DO: Fourth grade male student slapped another male student multiple times on the face in the lunchroom. DO NOT: Kindergarten student stabbed a classmate with a pencil during art. DO: Kindergarten student poked classmate with a pencil during art. DO NOT: Male student harassed/bullied a female student, resulting in the female student retaliating. DO: Male student called a female student “fatso” repeatedly. The female student then punched the male student multiple times to his face and stomach. 15
CFN 204 · Diane Foley · Network Leader There are three levels of student discipline that involve the temporary removal from his/her regular program. Teacher Removal Principal’s Suspension Superintendent’s Suspension 26
CFN 204 · Diane Foley · Network Leader Teacher Removals Student may be removed from class from 1-4 days. Parent must be notified of reason(s) and length of removal and the right to request an informal conference with Principal/designee School must enter the occurrence in OORS. In SOHO, the school must enter the following information: Date of the conference Duration Effective Date 27
CFN 204 · Diane Foley · Network Leader Principal’s Suspension May last from 1-5 days. NOT an option for Level 5 infractions. Suspension Director approval NOT required. OORS report must be generated and suspension must be documented in SOHO. In accordance with Chancellor’s Regulation A-443, parent conference must be held with the Principal in attendance.
CFN 204 · Diane Foley · Network Leader Principal’s Suspension. Principals now have two choices: Meet with parent while considering suspension (proposed suspension) Suspend immediately and arrange meeting with parent before end of suspension. (immediate suspension)
Superintendent’s Suspension The school investigates the incident and requests a suspension through the SOHO system, which forwards it automatically to the Suspension Director or Community Superintendent (where applicable) for approval. (§3214(3)(c)(1) NY Education Law)
CFN 204 · Diane Foley · Network Leader Immediate Removal Requests A student charged with any level 3 infraction or specific level 4 infractions (A33, A34, A38, A40, A41, A43, B35, B36, B37, B42, B44, B45) shall remain in school pending the hearing unless the Principal believes the student’s continued presence in school poses an immediate or continuing danger to persons or property or an ongoing threat of disruption to the academic process. In such cases, when seeking approval for a Superintendent’s Suspension, the Principal must also request approval for the student’s immediate removal by setting forth on the SOHO intake form why the student’s continued presence in school poses such a danger or threat of disruption. If the immediate removal is not requested or if approval is denied, the student must remain in class until the hearing is held and the case adjudicated. In accordance with Chancellor’s Regulation A-443, students may not be removed from school prior to notification by the hearing office of the suspension.
CFN 204 · Diane Foley · Network Leader Hearing Preparation: documents What should the school representative bring with him/her to the hearing? STUDENT FILES SHOULD CONTAIN THE FOLLOWING ITEMS (Have three copies ready. School officials should hold on to originals.) Completed and Signed Cover Sheet Dean’s record summary-teacher referrals of prior incidents should be summarized on a deans’ record. Transcript Latest report card Attendance/Cutting Record Immunization IEP (if applicable – Special Ed. cases only) Any documents generated during investigation (MOST IMPORTANTLY witness statements that have been authenticated by the same school rep. who will be in attendance at the hearing.
CFN 204 · Diane Foley · Network Leader Manifestation Determination Review (MDR) Students with an IEP or 504 who receive a Superintendent Suspension for more than 10 consecutive dates. The imposition of at least three Disciplinary Actions (Teacher Removal, Principal’s Suspension, Superintendent’s Suspension of 10 days or less) results in the student being removed for more than 10 cumulative days within a forty consecutive school day period within a school year. You will be notified by the Hearing Office by 42
CFN 204 · Diane Foley · Network Leader OORS FAQs Original submission must be completed within 24 hours of Principal notification. Witness Statement Forms can be downloaded from the OORS website. You may not scribe for someone. Parents are entitled to receive a copy of the report if they request one. If it’s for a Superintendent Suspension, redact all info except names. If incident report, redact ALL info. 2221-A Must be submitted within 24hrs Suicide Ideation Must be submitted within 24hrs 43
CFN 204 · Diane Foley · Network Leader Regulation of the Chancellor A-820 CONFIDENTIALITY AND RELEASE OF STUDENT RECORDS; RECORDS RETENTION The regulation was revised to conform to amendments to federal regulations under the: Family Educational Rights and Privacy Act (FERPA) 44