Common use of Responding to Student Misbehavior Clause in Contracts

Responding to Student Misbehavior. 1. School officials are responsible for fostering a positive school climate, administering the Code of Conduct, and responding to normative child and adolescent behaviors. 2. School administrators have the responsibility to ensure consistent enforcement of school rules and policies. Police officers and Security Guards shall not act as school disciplinarians, as enforcers of the School’s Code of Conduct violations, nor may they act in place of school officials for classroom management, or in place of school social workers, counselors, psychologists, or psychiatrists on school property at school- sponsored events. 3. School officials shall not request the intervention of Police Officers or Security Guards when responding to the following normative child and adolescent behaviors: a. Disorderly behavior; b. Behaving in a rude or disruptive manner; c. Making excessive noise; d. Hanging out in school hallways or bathrooms; e. Violating the dress code or uniform policy; f. Failing or refusing to provide identification upon request; g. Profane, obscene, vulgar or lewd language, gestures, or behavior; h. Use of racial or other slurs; i. Bullying, verbal abuse, and/or harassment; j. Defying school officials, Security Guards, or Police Officers; k. Cutting class, tardiness, and unexcused absence; l. Leaving school without permission; m. Entering or attempting to enter a school building before or after school hours1 (not breaking and entering); n. Vandalism and/or graffiti in a school building; and o. Possession or use of a prohibited item under the Code of Conduct that does not violate the New York Penal Law (e.g., cell phones) and is not a weapon as defined in the Code of Conduct. 4. School administrators shall respond to the above student behaviors pursuant to the School’s Code of Conduct. These behaviors shall not be treated as violations of the criminal law to be referred to Security Guards, Police Officers, or the court system. 1 The Principal or their designee should be contacted if there is a question about a student’s permission to enter. 5. The Principal or their designee shall make the final determination of how to respond to student behavior, taking the following factors into consideration: a. The student’s age and maturity; b. The student’s Individualized Education Program (“IEP”), Behavioral Intervention Plan (“BIP”) and 504 Accommodation Plan, if applicable; c. The student’s mental, medical, and emotional needs; d. The student’s disciplinary record (including the nature of any prior misbehavior, the number of prior instances of misbehavior, and the disciplinary and guidance intervention measures applied for each); e. The nature, severity, and scope of the behavior; f. The circumstances/context in which the conduct occurred; g. The frequency and duration of the behavior; and h. The number of people involved in the behavior. 6. Whenever responding to alleged student misbehavior, school officials shall seek to de-escalate the situation. If de-escalation is not required, school officials shall make every reasonable effort to respond through guidance interventions, restorative practices, and other means, utilizing that least severe, appropriate disciplinary response, if any disciplinary action is warranted. 7. Appropriate disciplinary actions should always minimize disruption to student education and promote the development of a positive school climate. 8. Where a student exhibits a serious emotional, psychiatric, or potential self-harm issue that requires immediate attention, school officials should make every effort to de- escalate the situation. School officials should also make every effort to ensure the student’s safety and emotional needs are met without involving police or Security Guards. Any response by school officials, police or Security Guards must include consideration of the student’s IEP, Behavior Intervention Plan (BIP), and 504 Accommodation Plan, if applicable. Students should not be restrained or be subject to physical force by Police Officers or Security Guards. In these situations, the parent should be contacted immediately. Students who are not injured or experiencing a danger condition should not be transferred to Emergency Medical Services without parental notification. 9. Under no circumstances should 911 be called or employed as a disciplinary response or disciplinary measure because of student’s behavior. 911 should not be used as an alternative to de-escalation strategies, when those strategies can be safely used.

Responding to Student Misbehavior. 1VI.1. School officials are responsible for fostering a positive school climate, administering the Code of Conduct, and responding to normative child and adolescent behaviors. 2VI.2. School administrators have the responsibility to ensure consistent enforcement of school rules and policies. Police officers Officers and Security Guards SROs shall not act as school disciplinarians, as enforcers of the School’s District Code of Conduct violations, nor may they act in place of school officials for classroom management, or in place of school social workers, counselors, psychologists, or psychiatrists on school property or at school- school-sponsored events. 3VI.3. Police Officers and SROs shall not use their police powers to intervene in the following normative child and adolescent behaviors. School officials shall not request the intervention of Police Officers or Security Guards SROs when responding to the following normative child and adolescent behaviors: a. Disorderly i. disorderly behavior; b. Behaving ii. behaving in a rude or disruptive manner; c. Making iii. making excessive noise; d. Hanging iv. hanging out in school hallways or bathrooms; e. Violating v. violating the dress code or uniform policy; f. Failing vi. failing or refusing to provide identification upon request; g. Profanevii. profane, obscene, vulgar vulgar, or lewd language, gestures, or behavior; h. Use viii. use of racial or other slurs; i. Bullyingix. bullying, verbal abuse, and/or harassment; j. Defying x. defying school officials, Security GuardsSROs, or Police Officers; k. Cutting xi. cutting class, tardiness, and unexcused absence; l. Leaving xii. leaving school without permission; m. Entering xiii. entering or attempting to enter a school building before or after school hours1 (not breaking and entering); n. Vandalism xiv. vandalism and/or graffiti in a school building; and o. Possession xv. possession or use of a prohibited item under the Code of Conduct that does not violate the New York N.Y. Penal Law (e.g., cell phones) and is not a weapon as defined in the Code of Conduct. 4. School administrators shall respond to the above student behaviors pursuant to the School’s Code of Conduct. These behaviors shall not be treated as violations of the criminal law to be referred to Security Guards, Police Officers, 1The principal or the court system. 1 The Principal or their designee should be contacted if there is a question about a student’s permission to enter. Some resources available to schools are: • Strategies for Youth (https:// ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇. 5▇▇▇/) • National Initiative for Building Community Trust and Justice (https:// ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/) • Center for Children’s Law and Policy (▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/) • GLSEN (▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/) • National Center for Youth Opportunity and Justice (▇▇▇▇▇://▇▇▇▇▇. The Principal or their designee shall make the final determination ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/) • NY Division of how to Criminal Justice Services (▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇. ▇▇.▇▇▇/) • National Association of School Resource Officers (▇▇▇▇▇://▇▇▇▇▇.▇▇▇/) School administration can effectively respond to student behavior, taking the following factors into consideration: a. The student’s age all of these behaviors without SRO or police intervention. Schools and maturity; b. The student’s Individualized Education Program (“IEP”), Behavioral Intervention Plan (“BIP”) and 504 Accommodation Plan, if applicable; c. The student’s mental, medical, and emotional needs; d. The student’s disciplinary record (including the nature of any prior misbehavior, the number of prior instances of misbehavior, and the disciplinary and guidance intervention measures applied for each); e. The nature, severity, and scope of the behavior; f. The circumstances/context in which the conduct occurred; g. The frequency and duration of the behavior; and h. The number of people involved in the behavior. 6. Whenever responding to alleged student misbehavior, school officials shall seek to de-escalate the situation. If de-escalation is not required, school officials shall make every reasonable effort to respond through guidance interventions, restorative practices, and other means, utilizing that least severe, appropriate disciplinary response, if any disciplinary action is warranted. 7. Appropriate disciplinary actions should always minimize disruption to student education and promote the development of a positive school climate. 8. Where a student exhibits a serious emotional, psychiatric, or potential self-harm issue that requires immediate attention, school officials should make every effort to de- escalate the situation. School officials should also make every effort to ensure the student’s safety and emotional needs are met without involving police or Security Guards. Any response by school officials, police or Security Guards must include consideration of the student’s IEP, Behavior Intervention Plan (BIP), and 504 Accommodation Plan, if applicable. Students should not be restrained or be subject to physical force by Police Officers or Security Guards. In these situations, the parent should be contacted immediately. Students who students are not injured safer when SROs or experiencing a danger condition should not be transferred to Emergency Medical Services without parental notificationpolice intervene in normative, non-dangerous child and adolescent behaviors like these. 9. Under no circumstances should 911 be called or employed as a disciplinary response or disciplinary measure because of student’s behavior. 911 should not be used as an alternative to de-escalation strategies, when those strategies can be safely used.