FREEPORT UNION FREE SCHOOL DISTRICT
(Who else other than Board President
Grover, V.P. Renken and their Board could be expected to remove
a District policy that is based on one of the fundamental rights guaranteed
by the US Constitution?)
Policy 5311.1
STUDENT DUE PROCESS RIGHTS
In disciplinary situations, students shall have the
opportunity to present their version of the facts and circumstances, and
students will not be suspended unless their rights to due process, as
identified in Education Law 3214, have been observed. Building principals
may suspend a student for a period of up to five (5) days. In cases of this
type, the principal conducts an informal hearing with the student and other
individuals who may have information concerning the situation. When a
suspension is imposed the student and parent(s) are notified and a written
record of the case is made.
If a suspension of more than five (5) days is being
considered, the building principals will recommend that a hearing be held.
The student and his/her parents will be notified of the time and place of
the hearing. At the hearing, conducted by the Superintendent or his/her
designee, the student will have the following rights to examine evidence and
question witnesses; to present evidence and witnesses; and to be represented
by counsel. A record of the hearing is made by stenographic transcript or by
tape recording. The Superintendent will make a decision regarding suspension
based on the information presented at the hearing. An appeal of the
Superintendent's decision can be made by the student to the Board of
Education.
Generally, school personnel will identify problems and
pursue appropriate, reasonable measures to affect student behavior. Parents,
students and school personnel must work together to ensure the maintenance
of the proper atmosphere for learning. Our objective is to provide all
students an equal opportunity to grow intelligently, ethically, socially,
emotionally and physically.
The options are designed to be fundamentally fair without
imposing unreasonable burdens upon school authorities or students. General
requirements in all instances include:
1. Oral or written notice of the nature of the rules,
violation of which will result in disciplinary action.
2. An opportunity for the accused student to "tell
his side of the story" to the person whose responsibility it is to
assign discipline.
3. Explanation of the evidence of violation upon which
action is being taken, should the student deny the infraction has occurred.
When a student is referred to an administrator/designee
for appropriate action, the administrator investigates the incident by
meeting with the student and/or staff member, and additional students/staff
as deemed necessary.
Parental involvement ranges from written notification of
the offense and disciplinary reaction to parent conferences with staff,
student, and, if need be, outside agencies/authorities.
A proper and accurate record of the offense and response
is maintained for all incidents.
Ref: 14th Amendment, U.S. Constitution
NYS Constitution, Article 11, § 1
Education Law, §32 14
Rehabilitation Act of 1973, §504, 29 U.S.C., §794
Regulations of the Commissioner, Part 200 et seq.
Goss v. Lopez, 95 S.Ct. 729 (1975)
5310, Student Discipline
5313, Penalties
5313.3, Suspension and Expulsion