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DISCIPLINE RULES, PROCEDURES AND DUE PROCESSES I. STUDENT DISCIPLINARY CODE

This Code sets forth the charter school's policy regarding how students are expected to behave when participating in school activities on and off school grounds, and how the school will respond when students fail to behave in accordance with these rules. In all disciplinary matters, students will be given notice and will have the opportunity to present their version of the facts and circumstances leading to the imposition of disciplinary sanctions to the staff member imposing such sanctions. Depending on the severity of the infraction, disciplinary responses include suspension (short or long term), detention, exclusion from extracurricular activities, and expulsion. Where appropriate, school officials also will contact law enforcement agencies.

A. DEFINITIONS For purposes of this Code: • “short term suspension” shall refer to the removal of a student from school for disciplinary reasons for a maximum of five days. • “expulsion” shall refer to the permanent removal of a student from school for disciplinary reasons.

B. SHORT-TERM SUSPENSIONS A student who is determined to have committed any of the infractions listed below shall be minimally subjected to a short term suspension on a case-by-case situation based on the individual circumstances of the incident and the student's disciplinary record. Such a student may also be subject to any of the disciplinary measures set forth in the discipline matrix, and, depending on the severity of the infraction, a long-term suspension also may be imposed and referrals to law enforcement authorities may be made.

PROCEDURES AND DUE PROCESS FOR SHORT -TERM SUSPENSIONS An administrator may impose a short-term suspension. Before imposing a short-term suspension, the administrator shall verbally inform the student of the suspension, the reason or reasons for it, and whether it will be served in school or out of school. The student shall be given an opportunity to deny or explain the charges. Parent notification will be made within 24 hours in writing. The administrative decision to impose a short-term suspension or removal may be appealed to the Board of Trustees of the charter school in accordance with the School Complaints Procedure pursuant to Education Law section 2855(4).

C. LONG-TERM SUSPENSIONS A student who is determined to have committed any of the infractions listed below shall be subject minimally to a long-term suspension, unless the Principal or designee or Board of Trustees determines that an exception should be made based on the circumstances of the incident and the student's disciplinary record. Such student may also be subject to any of the disciplinary measures set forth in Part D, to referral to law enforcement authorities, and/or to expulsion.

DISCIPLINARY INFRACTIONS • Possess, use, or attempt to use, or transfer any firearm, knife, razor blade, explosive, mace, tear gas, or other dangerous object of no reasonable use to the student at school. • Commit or attempt to commit arson on school property. • Possess, sell, distribute or use any alcoholic beverage, controlled substance, imitation controlled substance, or marijuana on school property or at school-sponsored events. • Assault any other student or staff member. • Intentionally cause physical injury to another person, except when the student's actions are reasonably necessary to protect him/herself from injury. • Vandalize school property causing major damage. • Commit any act, which school officials reasonably conclude warrants a long-term suspension. • Posses any explosive device. • Make a false bomb threat or pull a false emergency alarm. In addition, a student who commits any of the acts listed, which would ordinarily result in a short- term suspension, may, instead or in addition, be subject to a long-term suspension at the Principal or designee's discretion. Federal and State law require the expulsion from school for a period of not less than one year of a student who is determined to have brought a firearm to the school, or to have possessed a firearm at school, except that the head of school may modify such expulsion requirement for a student on a case-by-case basis, if such modification is in writing,

in accordance with the Federal Gun-Free Schools Act of 1994 (as amended). “Weapon,” as used in this law means a "firearm," as defined by 18 USC§8921, and includes firearms and explosives. (New York Education Law §3214(3)(d) effectuates this federal law.) The head of school shall refer a student under the age of sixteen who has been determined to have brought a weapon or firearm to school to a presentment agency for a juvenile delinquency proceeding consistent with Article 3 of the Family Court Act except a student fourteen or fifteen years of age who qualifies for juvenile offender status under Criminal Procedure Law § 1.20(42). The head of school shall refer any pupil sixteen years of age or older or a student fourteen or fifteen years of age who qualifies for juvenile offender status under Criminal Procedure Law § 1.20(42), who has been determined to have brought a weapon or firearm to school to the appropriate law enforcement officials.

PROCEDURES AND DUE PROCESS FOR LONG-TERM SUSPENSIONS The Principal may impose a long-term suspension. Such a suspension may be imposed only after the student has been found guilty at a formal suspension hearing. In extreme circumstances, the Principal or designee may expel the student from school. Upon determining that a student's action warrants a possible long-term suspension, the Principal or designee shall verbally inform the student that he or she is being suspended and is being considered for a long-term suspension (or expulsion) and state the reasons for such actions. The Principal or designee also shall immediately notify the student's parent(s) or guardian(s) in writing. Written notice shall be provided by personal delivery, express mail delivery, or equivalent means reasonably calculated  to assure receipt of such notice within 24 hours of suspension at the last known address. Where possible, notification also shall be provided by telephone if the school has been provided with a contact telephone number for the parent(s) or guardian(s). Such notice shall provide a description of the incident or incidents, which resulted in the suspension and shall indicate that a formal hearing will be held on the matter, which may result in a long-term suspension (or expulsion). The notification provided shall be in the dominant language used by the parent(s) or guardian(s). At the formal hearing, the student shall have the right to be represented by counsel, question witnesses, and present evidence. If the Principal or designee has initiated the suspension proceeding, the Principal or designee shall personally hear and determine the proceeding or may, in his discretion, designate a hearing officer to conduct the hearing. The hearing officer's report shall be advisory only and the Principal or designee may accept or reject all or part of it. The Principal or designee's decision after the formal hearing to impose a long-term suspension or expulsion may be appealed to the Board of Trustees of the charter school in accordance with the School Complaints Procedure pursuant to Education Law section 2855(4).

D. ADDITIONAL DISCIPLINARY MEASURES The disciplinary measures listed below may be imposed in addition to short-term or longterm suspensions or, if an exception has been made by the Principal to the imposition of a minimum suspension, in place of such suspension. Behavior not listed in Part A or Part B of this Code but determined by appropriate school staff to warrant disciplinary action, including but not limited to missing classes without permission and arriving late to class without a reasonable excuse, also may be subject to these additional disciplinary measures. In-school suspensions and suspensions of transportation may be imposed only by the Principal or designee. All other disciplinary measures may be imposed by faculty members or a teacher, who must inform the Principal or designee of such action within a reasonable time.

BEHAVIORAL CONTRACT School staff may design written agreements with students subject to punishment under this code to identify target behaviors, define expectations, and describe consequences, provided that the affected student and his or her parent(s) or guardian(s) are informed that the decision to enter into such a contract is voluntary. Any student on a behavioral contract will be closely monitored by support staff monthly for progress at which time the contract may become void pending appropriate behavior.

LOSS OF SCHOOL PRIVILEGES After notice to the student and parent(s) or guardian(s), a student may be suspended from participation in any or all-extracurricular activities. The student and parent(s) or guardian(s) shall be given an opportunity to meet informally with the Principal or designee or teacher involved. If possible, the Principal or designee or teacher involved shall hold any requested meeting prior to imposing the suspension from participation in extracurricular activities.

IN SCHOOL SHORT-TERM SUSPENSION Students may be temporarily removed from the classroom and placed in an alternate location where the student will receive substantially equivalent education. The student and his or her parent(s) or guardian(s) will be given a reasonable opportunity for an informal conference regarding such suspension with whoever was involved in imposing the suspension.

E. PROVISION OF SERVICES DURING REMOVAL In appropriate instances, WCCS will ensure that alternative educational services are provided to a child who has been suspended or removed to help that child progress in the school’s general curriculum. For a student who has been suspended, alternative instruction will be provided to the extent provided by law and as consistent with the practice of the surrounding school districts during the period of suspension; for a student who has been expelled, alternative instruction will be provided in like manner as a suspended student until the student enrolls in another school or until the end of the school year, whichever comes first. All students with a disability who are of compulsory attendance age (i.e., up through 17 years) must receive a minimum of 10 hours per week of instruction during the first ten days of suspension by certified personnel (Non-disabled students must also receive the same minimum amounts of instruction per week for all instances of suspension). Alternative instruction will be provided to students suspended or expelled in a way that best suits the needs of the student on a case-by-case basis. Instruction for such students shall be sufficient to enable the student to make adequate academic progress, and shall provide them the opportunity to complete the assignments, learn the curriculum and participate in assessments. Instruction will take place in one of the following locations: the child’s home, a contracted facility (e.g., in the school district of location), or a suspension room at the charter school. Instruction will be provided by one or more of the following individuals in consultation with the student’s teacher(s): teacher aides or trained volunteers, individuals within a contracted facility, or a tutor hired for this purpose.

F. DISCIPLINE PROCEDURES FOR SPECIAL EDUCATION STUDENTS In addition to the discipline procedures applicable to all students, the following procedures are applicable to students with disabilities. The school will comply with 34 CFR §§ 300.519- 300.529 of the Code of Federal Regulations and the following procedures, except that in the event that the following procedures are inconsistent with federal law and regulations, such federal law and regulations shall govern. A student not specifically identified as having a disability but whose school district of residence or charter school, prior to the behavior which is the subject of the disciplinary action, has a basis of knowledge (in accordance with 34 CFR 300.527(b)) that a disability exists may request to be disciplined in accordance with these provisions. The Principal or designee shall immediately notify the district of residence in writing. Written notice shall be provided by personal delivery, express mail delivery, or equivalent means reasonably calculated to assure receipt of such notice within 24 hours of the disciplinary action. If there is any reason to believe that the Infraction is a result of the student's disability, the student will immediately be referred to the CSE of the student's district of residence. If a connection is found, no penalty may be imposed, and the school will work with the CSE to consider a possible program modification. If a student identified as having a disability is suspended during the course of the school year for a total of eight days, such student will immediately be referred to the CSE of the student's district of residence for reconsideration of the student's educational placement. Such a student shall not be suspended for a total of more than 10 days during the school year without the specific involvement of the CSE of the student's district of residence prior to the 11th day of suspension, because such suspensions may be considered to be a change in placement. In considering the placement of students referred because of disciplinary problems, the CSE of the student's district of residence is expected to follow its ordinary policies with respect to parental notification and involvement. The school shall work with the district to ensure that the CSE of the student's district of residence meets within seven school days of notification of any of the following, for the purpose of considering a change in placement for the student involved: • The commission of an infraction by a student with a disability who has previously been suspended for the maximum allowable number of days. • The commission of any act resulting from the student's disability. • The commission of any infraction by a disabled student, regardless of whether the student has previously been suspended during the school year; if such infraction been committed by a non-disabled student, the School Administrator would seek to impose a suspension in excess of five days.

PROVISION OF SERVICES DURING REMOVAL WCCS will, for those students removed for a period of less than 10 days, ensure that each affected student receives all classroom assignments and a schedule to complete such assignments during the time of his or her suspension. Provisions will be made to permit a suspended student to make up assignments or tests missed as a result of such suspension. The school will also provide additional alternative instruction and appropriate means to assist the student, so that the student is given full opportunity to complete assignments and master the curriculum. During any subsequent removal that, combined with previous removals, equals 10 or more school days, but does not constitute a change in placement, during the school year, services must be provided to the extent determined necessary to enable the child to appropriately progress in the general curriculum and in achieving the goals of his or her IEP. In these cases, school personnel, in consultation with the child's special education teacher, make the service determination. During any removal for drug and weapon offenses (pursuant to CFR 300.520(a)(2)) services will be provided to the extent necessary to enable the child to appropriately progress in the general curriculum and in achieving the goals of his or her IEP. These service determinations will be made by the CSE of the student's district of residence. The school will place students in interim alternative educational settings as appropriate and mandated by CFR 300.520(a)(2). During any subsequent removal that does constitute a change in placement, but where the behavior is not a manifestation of its disability, the services must be provided to the extent necessary to enable the child to appropriately progress in the general curriculum and in achieving the goals of his or her IEP. The CSE of the student’s district of residence will make the service determination. DUE PROCESS If discipline which would constitute a change in placement is contemplated for any student, then (1) not later than the date on which the decision to take such action is made, the parents of the student with a disability shall be notified of that decision and provided the procedural safeguards notice described in 34 CFR §300.504, and (2) immediately if possible, but in no case later than 10 school days after the date on which such decision is made, the CSE of the student’s district of residence and other qualified personnel shall meet and review the child’s disability and the behavior subject to the disciplinary action. If, upon review, the district of residence determines that the child's behavior was not a manifestation of his or her disability then the child may be disciplined in the same manner as a child without a disability, except as provided in 34 CFR §300.121 (d) (which relates to the provision of services to students with disabilities during periods of removal). Parents may request a hearing to challenge the manifestation determination. Except as provided below, the child will remain in his or her current educational placement while the hearing is pending. If a parent requests a hearing or an appeal regarding a disciplinary action relating to weapons or drugs to challenge the interim alternative educational setting or the manifestation determination, the child shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the term period provided for in the disciplinary action, whichever occurs first, unless the parent and charter school agree otherwise.

RECORDS OF STUDENT DISCIPLINE The charter school will maintain written records of all suspensions and expulsions including the name of the student, a description of the behavior engaged in, the disciplinary action taken, and a record of the number of days a student has been suspended or removed for disciplinary reasons.

NOTIFICATION OF RIGHTS UNDER THE FAMILY EDUCATIONAL RIGHTS AND SCHOOLS PRIVACY ACT (FERPA) The Family Educational Rights and Schools Privacy Act (FERPA) affords parents certain rights with respect to the student’s education records. They are:

1. The right to inspect and review the student’s education records within 45 days of the day Westminster receives a request for access. Parents should submit to the principal a written request that identifies the record(s) they wish to inspect. The principal will make arrangements for access and notify the parent of the time and place where the records may be inspected.

2. The right to request the amendment of the student’s education records that the parent believes are inaccurate or misleading. Parents may ask Westminster to amend a record that they believe is inaccurate or misleading. They should write to the principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the administration decides not to amend the record as requested by the parent, the parent will be notified of the decision and they will be advised of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent when notified of the right to a hearing.

3. The right to consent to disclosures of personally identifiable information contained in the students education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by Westminster as an administrator, instructor, or support staff member (including health or medical staff); a person serving on the Board of Trustees; a person or company with whom Westminster has contracted to perform a special task (such as an attorney, auditor, medical consultant or therapist); or a parent or student serving on an official committee, or assisting another school official in performing his/her tasks. A school official has a legitimate educational interest if the official needs to review an education record in to order to fulfill his/her professional responsibility.

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Westminster to comply with the requirements of FERPA. The name and address of the office that administers FERPA is: Family Policy Compliance Office U.S. Department of Education 600 Independence Avenue Washington, D.C. 20202-4605 Westminster may release “directory information” without consent as required by Section 99.3. This may include, but may not be limited to, information such as the student’s name, address, telephone listing, date and place of birth, participation in officially recognized activities and sports, weight and height of members of athletic teams, photos/images, dates of attendance, and most recent educational institution attended. Parents wishing to prevent the release of such information about their child(ren) must submit a written request to the Main Office no later than October 1.