Diamond Charter School (DCS) recognizes that the best way for the community to support students to make safe, positive choices when handling conflicts, is to model the correct behavior. All members of the DCS community are expected to be respectful in our interactions with each other. Families are encouraged to schedule a meeting with their child’s classroom teacher in the event of a problem or disagreement. If the problem persists, the Director of School Culture may contact the family. The principal is ultimately responsible to resolve any issue that cannot be addressed by other staff members. If you wish to discuss a matter with the Director of School Culture, you should schedule an appointment with them through the appropriate process.
Student Responsibilities
DCS believes that disciplinary issues are learning opportunities for students. DCS’s goal is to teach students to learn how to be responsible for the well-being of themselves and others, based on the following expectations:
- Students are respectful to all members of the community;
- Students take responsibility for their choices and actions;
- Students accept the rewards/consequences of their choices and actions;
- Students work to make amends for breaking school rules and any actions that contradict the School’s Discipline Policies and core values; and
- Students reflect on their experiences and learn lessons from poor choices or actions.
Conflict Resolution
DCS’s conflict resolution program is intended to support students as they are taught to deal with their own emotions and the emotions of others. DCS works to ensure that students have the necessary skills to solve conflicts in a nonviolent way. This approach to discipline helps students recognize that they have obligations to their own learning and the DCS community.
Dignity for All Students Act Policy
DCS and its Board of Trustees (the “Board”) are committed to providing a safe and productive learning environment within the School. In accordance with New York State’s Dignity for All Students Act (“DASA”), DCS is committed to promptly addressing incidents of harassment and/or discrimination of students that impede students’ ability to learn. This includes bullying, taunting, or intimidation in all their myriad forms both on-campus and off-campus (including online).
Students’ Rights
No student shall be subjected to harassment by parents, staff, or students on School property or at a School function. Nor shall any student be subjected to discrimination based on the students actual perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, sex or any other characteristic protected by law by DCS employees or students on School property or at School functions.
In addition, DCS reserves the right to discipline students, consistent with the Discipline Policy, who engage in harassment of students off School property (including without limitation: on-line, on social media platforms, text messaging and other electronic media) under circumstances where such off-campus conduct: 1) affects the educative process; 2) actually endangers the health and safety of DCS students within the educational system; 3) is reasonably believed to pose a danger to the health and safety of DCS students. This includes written and/or verbal harassment which materially and substantially disrupts the work and discipline of DCS and/or which DCS officials reasonably foresee as being likely to materially and substantially disrupt the work and discipline of DCS.
Dignity Act Coordinator
DCS designates the Director of School Culture as the Dignity Act Coordinator (the “DAC”). If the DAC is unavailable, then the School Principal will act as the DAC.
The DAC is trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, and sex. The DAC will be accessible to students and other employees for consultation and advice.
Reporting and Investigating
Personnel at all levels are responsible for reporting harassment of which they have been made aware to their immediate supervisor. Any student who believes that he or she is being subjected to harassment, as well as any other person who has knowledge of or witnesses any possible occurrence of harassment, shall report the harassment to any staff member or to the DAC. A staff member who witnesses harassment or who receives a report of harassment shall inform the DAC. The DAC, or their designee, shall promptly investigate the complaint and take appropriate action to include, as necessary, referral to the next level of supervisory authority and/or other official designated by DCS to investigate allegations of harassment. Follow-up inquiries and/or appropriate monitoring of the alleged harasser and victim shall be made to ensure that harassment has not resumed and that those involved in the investigation of the allegations of harassment have not suffered retaliation.
Material incidents of discrimination and harassment on School grounds or at a School function will be reported to the New York State Education Department as required by law.
No Retaliation
DCS and its Board prohibit any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participate in the investigation of allegations of harassment. All complainants and those who participate in the investigation of a complaint in conformity with state law and DCS policies, who have acted reasonably and in good faith, have the right to be free from retaliation of any kind.
Discipline Policy
Infractions and Range of Possible Disciplinary Responses
| Level 1 Infractions - Insubordinate Behaviors | Range of Possible Disciplinary Responses |
| Being late to school Using prohibited equipment to school without authorization (cell phones, mp3 players, toys, electronic devices)Behaving in a manner which disrupts the education process for themselves and others (e.g., making excessive noise verbally and physically, singing when inappropriate, interrupting, calling-out, humming, etc.)Engaging in verbally rude or disrespectful behavior to others (e.g., talking back when given a direction, name-calling, mimicking, harassing, teasing, etc.)Wearing clothing or other items that are unsafe or disruptive to the educational process (e.g., noncompliance of dress code, wearing non-school regulated street clothes, wearing open-toed shoes, etc.) Posting or distributing material on school premises in violation of written School rules. Using school electronics, faxes, or telephones without permission. Using or touching other people’s property without permission | Admonishment by school staff Student/teacher conference Reprimand by appropriate supervisor (e.g., teacher, Principal) Parent notified In-school disciplinary action (e.g., exclusion from extracurricular activities, reflection time, etc.) |
| Level 2 Infractions - Disorderly, Disruptive Behaviors | Range of Possible Disciplinary Responses |
| SmokingGamblingUsing profane, obscene, vulgar, lewd, or abusive, language or gestures Lying, or giving false information to school personnel Misusing property belonging to others (including breaking, destroying, ripping, etc.) Engaging in or causing disruptive behavior on the school bus, causing safety issues to the driver, students, and self. Leaving class or school premises without permission from an administratorEngaging in inappropriate or unwanted physical contact (e.g., poking, pinching, pushing, etc.) Violating DCS’s internet use policyEngaging in scholastic dishonesty/plaguizing which includes: cheating, plagiarizing, colluding, copying, etc.Repetitively or persistently engaging in Level 1 behaviors. | Admonishment by school staff Student/teacher conference Reprimand by appropriate supervisor (e.g., teacher, Principal) Parent Conference In-school disciplinary action (e.g., exclusion from extracurricular activities, reflection time, etc.)Short term suspension (1-10 days) |
| Level 3 Infractions - Seriously Disruptive or Dangerous Behaviors | Range of Possible Disciplinary Responses |
| Being insubordinate; defying or disobeying the lawful authority of school personnel or school safety agents. Using slurs based upon race, ethnicity, color, national origin, religion, gender, sexual orientation, or disability. Fighting/engaging in physical aggressive behavior (e.g., hitting, punching, kicking, spitting, hitting with an object, etc.)Bringing unauthorized visitors to school or allowing unauthorized visitors to enter school in violation of written school rules. Engaging in theft or knowingly possessing property of another without permissionTampering with, changing or altering a record or document of the School by any method, including, but not limited to, computer access or an electronic means. Posting or distributing libelous or defamatory material, literature or material containing a threat of violence, injury, or harm. Engaging in vandalism or other intentional damage to school property, staff property, or others; including student bathrooms. Falsely activating a fire alarm or other disaster alarm or making a bomb threat. Engaging in inappropriate or unwanted physical behavior or contact* Engaging in gang related behavior**Repetitively or persistently engaging in Level 2 behaviors. | Admonishment by school staff Student/teacher conference Reprimand by appropriate supervisor (e.g., teacher, Principal) Parent Conference In-school disciplinary action (e.g., exclusion from extracurricular activities, reflection time, etc.)Short term suspension (1-10 days) Long term suspension (more than 10 days) *The school will offer appropriate counseling to students engaging in this behavior.**In determining whether the behavior is gang related, school officials may consult with the Hempstead Police Department. |
| Level 4 Infractions - Dangerous and/or Violent Behaviors | Range of Possible Disciplinary Responses |
| Engaging in intimidation, coercion or extortion or threatening violence, injury, harm or retaliation to another or others.Engaging in intimidating and bullying behavior (e.g., threatening, stalking, seeking to coerce or compel a student or staff member to do something; engaging in verbal or physical conduct that threatens another with harm, including intimidation through the use of epithets or slurs involving race, ethnicity, national origin, religion, religious practice, gender, sexual orientation or disability. Engaging in threatening, dangerous, or violent behavior that is gang-related Participating in an incident of group violence. Threatening while on school property, to use any instrument that appears capable of causing physical injury. Engaging in behavior on the school bus that creates a substantial risk of injury or results in injury. Committing arson.Inciting/causing a riot. Engaging in physical sexual aggression/compelling or forcing another to engage in sexual activity.*Engaging in sexual harassment*Possessing illegal drugs, alcohol, or controlled substances without authorization.* Possessing any weapons.** Using illegal drugs, alcohol, or controlled substances without authorization.**Repetitively or persistently engaging in Level 3 behaviors. | Parent Conference In-school disciplinary action (e.g., exclusion from extracurricular activities, reflection time, etc.)Short term suspension (1-10 days) Long term suspension (more than 10 days)Expulsion *The school will offer appropriate counseling to students engaging in this behavior.**Before considering a suspension for weapon possession for a purpose other than inflicting physical harm,e.g., a nail file, the Principal or Director of School Culture must consider whether there are mitigating factors present. In addition, the Principal or Director of School Culture must consider whether an imitation gun/knife is realistic looking by considering factors such as shape, size, color, appearance, and weight. |
| Level 5 Infractions - Seriously Dangerous and/or Violent Behaviors | Range of Possible Disciplinary Responses |
| Using force against, inflicting, or attempting to inflict serious injury against school personal or school safety agents. Using extreme force against, inflicting, or attempting to inflict serious injury upon students or others. Possessing any weapon.Using any weapon to attempt to inflict injury upon school personnel, students, or others. Possessing or using a firearm. Selling or distributing illegal drugs or controlled substances.* | Parent Conference In-school disciplinary action (e.g., exclusion from extracurricular activities, reflection time, etc.)Short term suspension (1-10 days) Long term suspension (more than 10 days)Expulsion *The school will offer appropriate counseling to students engaging in this behavior. |
Levels of Suspension & Due Process Procedures
Short Term Suspension
A short term suspension refers to an in-school removal or out-of-school removal of a student for disciplinary reasons for a period of ten (10) or fewer days. A student who has committed a Level 2, 3, 4, or 5 infraction may be subject minimally to a short term suspension, unless the Principal or Director of School Culture determines that an exception should be made based on the individual circumstances of the incident and the student’s disciplinary record. The Principal or Director of School Culture reserves the right to adjust the punishment for each infraction per his or her judgement.
Procedures and Due Process for Short Term Suspension
The Principal or Director of School Culture may impose a short term suspension, and shall follow due process procedures consistent with federal case law pursuant to to Goss v. Lopez (419 U.S. 565). Before imposing a short term suspension, or other, less serious disciplinary, the Principal or Director of School Culture shall provide notice to inform the student of the charges against him or her, and if the student denies the charges, an explanation of the evidence against the student. A chance to present the student’s version of events shall also be provided.
Before imposing a short term suspension, the Principal or Director of School Culture shall immediately notify the parents or guardians that the student may be suspended from school. Written notice of the decision to impose suspension shall be provided by email, if known, personal delivery, or express mail within 24 hours at the last known address(es) of the parents or guardians. Where possible, notification also shall be provided by telephone. Such notice shall provide a description of the incident(s) for which suspension is proposed and shall inform the parents or guardian of their right to request a meeting with the Principal or Director of School Culture. Such notice and meeting shall be in the dominant language or mode of communication used by the parents or guardians. Such notice and opportunity for a meeting shall take place prior to the suspension, if possible, unless the student’s presence in the school poses a continuing danger to the persons or property or an ongoing threat of disruption to the academic process, in which case the notice and opportunity for a meeting shall take place as soon as possible after the suspension.
The Principal or Director of School Culture’s decision to impose a short term suspension may be appealed by the parent(s) or legal guardian in accordance with DCS’s Complaint Policy, contained in the Student Handbook, accessible on the School’s website and available in hard copy from the School’s Office upon request.
Long Term Suspension
A long term suspension refers to the removal of a student for disciplinary reasons for a period of more than ten (10) days. Expulsion refers to the permanent removal of a student from school for disciplinary reasons. A student who is determined to have committed any Level 3, 4, or 5 infraction may be subject to long term suspension or expulsion, unless the Principal determines that an exception should be made based on the circumstances of the incident and the student’s disciplinary record. Such a student may also be subject to any of the disciplinary measures outlined in the Range of Possible Disciplinary Responses, including a referral to the appropriate law enforcement authorities.
A student who commits any of the acts previously described as causes for short term suspension may, instead or in addition, be subject to long term suspension in the Principal’s reasonable discretion if the student has committed the act at least three (3) times in the academic year or if the Principal shall otherwise reasonably determine that subjecting a student to a long term suspension is reasonable and warranted.
Procedures and Due Process for Long Term Suspension
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 may expel the student from school. Upon determining that a student’s action warrants a possible long term suspension, the Principal 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 shall also 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 notice within 24 hours of suspension at the last known address(es). Where possible, notifications also shall be provided by telephone if the school has been provided with a contact telephone number for the parent(s) or legal guardian(s). Such notice shall provide a description of the incident(s) that resulted in the suspension and shall indicate that a formal hearing will be held on the matter that 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 initiates the suspension proceeding, he or she shall personally hear and determine the proceeding or may, at his or her discretion, designate a hearing office to conduct the hearing. The hearing officer’s report shall be advisory only and the Principal may accept or reject all or part of it. The Principal’s decision to impose a long term suspension or expulsion may be challenged by the parent or legal guardian by submitting a written appeal to the Board of Trustees within five (5) days of receipt of the Principal’s decision. Appeal can be submitted by email to the board email or left in hard copy with the Principal or their designee, at which point the Board shall designate at least three Trustees (the “Designated Trustees”) to review the appeal which may include, in the Designated Trustees discretion, an in-person meeting (the “meeting’) whereby the parents/guardians of the affected student and the Principal shall each have up to 30 minutes to present information for the Designated Trustees’ consideration. The Designated Trustees shall render their decision within five (5) days of the meeting and send written notification in both email and hard copy format to the student’s address on file. NOTE: In any instance where the Principal is directly involved in the instance(s) at issue for a suspension or expulsion, the Executive Director shall appoint a designee to handle any investigation, hearing and determination.
You may appeal the Board’s decision, in writing, to the School’s authorizer, the State University of New York - Charter Schools Institute (“SUNY - CSI”). To do so, you must send a written copy of the School Board’s decision along with your complaint to charters@suny.edu or by mail to:
SUNY Charter Schools Institute
H. Carl McCall SUNY Building
353 Broadway
Albany, NY 12246
If SUNY-CSI as the authorizer of the School does not satisfactorily resolve your formal complaint, you can appeal SUNY-CSI’s written determination to the New York State Board of Regents through the New York State Education Department. Please submit written appeals by mail to:
New York State Education Department
Charter School Office
89 Washington Avenue, Room 5N Mezzanine
Albany, NY 12234
Firearm Violations
Federal and New York law require the expulsion from school for a period of not less than one (1) 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 Principal 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 § 921, and includes firearms and explosives. (New York Education Law § 3214 effectuates this federal law.) The following are included within this definition: (a) Any device, instrument, material, or substance that is used for or is readily capable of causing death or serious bodily injury. Knives with a blade of two and a half inches or more in length fall within this definition; (b) Any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (c) the frame or receiver of any weapon described above; (d) Any firearm muffler or firearm silencer; (e) Any destructible device, which is defined as any explosive, incendiary, or poison gas, such as a bomb, grenade, rocket having propellant charge of more than four ounces, a missile having an explosive or incendiary charge of more than one-quarter ounce, a mine, or other similar device.
The Principal shall refer a student under the age of sixteen (16) 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 (14) or fifteen (15) years of age who qualifies for juvenile offender status under Criminal Procedure Law § 1.20(42). The Principal shall refer any pupil sixteen (16) years of age or older or a student fourteen (14) or fifteen (15) 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.
Provision of Instruction During Removal
DCS will ensure that alternative educational services are provided to a student who has been suspended or removed to help that student progress in the school’s general curriculum. For a student who has been suspended, alternative instruction will be provided to the extent required by applicable law. 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 for a reasonable period thereafter or until the end of the school year.
Alternative instruction will be provided to students suspended or expelled in a way that best suits the needs of the student. 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 or other room at the school. During any removal for drug or weapon offenses, additional services shall include strategies designed to prevent such behavior from recurring. Instruction will be provided by one or more of the following individuals who shall be certified or qualified in accordance with § 2854(3)(a-1) of the Education Law and the federal No Child Left Behind Act: the student’s teacher(s), aides or trained volunteers, individuals within a contracted facility, and/or a tutor hired for this purpose.
Disciplinary Policy for Students with Disabilities
In addition to the discipline procedures applicable to all students, DCS shall implement the following disciplinary policy procedures with respect to students with disabilities. 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 will be disciplined in accordance with these provisions. DCS shall comply with sections 300.519-300.529 of the Code of Federal Regulations (CFR) and the following procedures, except that in the event that the following procedures are inconsistent with federal law and regulations, such as federal law and regulations shall govern.
If a student violates the School’s discipline code and is being considered for a suspension or removal, the school must ensure the following due process protections that are provided to the student and to the student’s parent(s) in addition to those set forth in the regular education discipline code. For suspensions of five (5) school days or less, the student’s parent(s) or guardian must be provided with a written notice, and a follow up telephone call is possible, within 24 hours of the incident leading up to the suspension which describes the basis for the suspension. DCS officials will explain that the parent or guardian has the right to request an informal conference with the Principal and appropriate staff to discuss the incident and question any complaining witness(es) against the student. For suspensions in excess of five (5) consecutive school days, the student’s parent(s) or guardian must be provided with a written notice which indicates that the School proposes to suspend the student from school in excess of five consecutive school days, describes the basis for the proposed suspension, explains that the student has an opportunity for a fair hearing conducted by the Principal or his or her designee at which the student will have the right to question any witness(es) accusing him or her of committing the misconduct charge and to present witnesses on his or her behalf. Where possible, notification must also be provided by telephone. In addition, the School must provide alternative education to the student during the suspension as set forth below, including any special services required by the Individualized Education Program (IEP) prepared by the student’s Committee on Special Education (CSE) of their district of residence. Final determination on a suspension or removal of a student, following due process, shall be made by the Principal.
DCS shall maintain written records of all suspensions and expulsions of students with a disability including the name of the student, 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.
Students for whom the IEP includes a Behavior Intervention Plan (BIP) will be disciplined in accordance with the BIP. If the BIP appears not to be effective or if there is a concern for the health and safety of the student or others if the BIP is followed with respect to the infraction, the matter will be immediately referred to the CSE of the student’s district of residence for consideration of a change in the guidelines.
If a student identified as having a disability is suspended during the course of the school year for a total of eight (8) 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 ten (10) days during the school year without the specific involvement of the CSE of the student’s district of residence prior to the eleventh 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.
DCS shall work with the student’s district of residence to ensure that the CSE of the student’s district of residence meets within seven (7) days of notification of any of the following: (1) The commission of an infraction by a student with a disability who has previously been suspended for the maximum allowable number of days; (2) The commission of any infraction that DCS suspects is the result of the student’s disability; (3) The commission of any infraction by a disabled student, regardless of whether the student has previously been suspended during the school year if, had such infraction been committed by a non-disabled student, the Principal would seek to impose a suspension in excess of five (5) days.
Also, DCS will ensure that when the suspension removal of a student with a disability will constitute a disciplinary change of placement, the CSE will be immediately notified so that the CSE can meet its required obligations to:
- Convene a CSE meeting within ten (10) school days to make a manifestation determination
- Convene a CSE meeting within ten (10) business days to develop a plan to conduct a functional behavioral assessment or review an existing functional behavioral assessment or behavioral intervention plan.
- Provide the student’s parent with a copy of their procedural due process rights.
- Work closely with the CSE of the students’ district of residence in determining education services or the interim alternative educational setting consistent with the FAPE requirements.
Provision of Services During Removal
Those students removed for a period fewer than ten (10) days will receive 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. DCS also shall provide additional alternative instruction with reasonable promptness and by appropriate means to assist the student, so that the student is given full opportunity to complete assignments and master curriculum, including additional instructions, phone assistance, computer instruction and/or home visits and one-on-one tutoring.
During any subsequent removal that, combined with previous removals equals ten (10) or more school days during the school year, but does not constitute a change in placement, 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, shall make the service determination.
During any removal for weapon, drug or infliction of serious bodily injury-related offenses pursuant to 34 CFR § 300.530(g)(1), (2), and (3), respectively, 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 alternatives educational settings as appropriate and mandated by the IDEA.
During any subsequent removal that does not constitute a change in placement, but where the behavior is not a manifestation of the disability, the services must be provided to the extent necessary to enable the student 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.
CSE Meetings
Meetings of the CSE of the student’s district of residence to either develop a behavioral assessment plan or, if the child has one, to review such plan are required when: (1) the child is first removed from his or her current placement for more than ten school days in a school year; and (2) when commencing a removal which constitutes a change in placement. The student’s special education teacher (or coordinator) and the general classroom teacher will attend all meetings regarding the student initiated by the CSE from the student’s home district.
Subsequently, if other removals occur which do not constitute a change in placement, DCS will work with the CSE of the student’s district of residence to review the child’s assessment plan and its implementation to determine if modifications are necessary. If one or more of the CSE of the student’s district of residence believe that modifications are needed, then the CSE is expected to meet to modify the plan and/or its implementation.
Due Process
If discipline which would constitute a change in placement is contemplated for any student, the following steps shall be taken: (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 ten 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 relationship between the child’s disability and the behavior subject to the disciplinary action.
If, upon review, it is determined 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, expect 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 pending the determination of the hearing.
If a parent requests a hearing or an appeal to challenge the interim alternative educational setting or the manifestation determination resulting from a disciplinary action relating to weapons or drugs, the child shall remain in any interim alternative educational setting pending the decision of the hearing office or until the expiration of the time period provided for in the disciplinary action, whichever occurs first, unless the parent and the School agree otherwise.
Students with a 504 Plan and “Deemed to Know” Students
With regard to disciplinary actions, including suspension or expulsion, the Section 504 rights of charter school students with disabilities are the same as other students with disabilities.
When addressing discipline for students with disabilities, including students with 504 plans or those who are “presumed to have a disability,” DCS will comply with applicable legal requirements governing the discipline of a student for misconduct.
Compliance with the Child Find Requirements of IDEA
DCS will comply with the federal Child Find requirements (34 CFR § 300.111), which require schools to have in place a process for identifying, locating and evaluating students with disabilities. Students enrolling for the first time in a New York public school will be screened by a team of teachers (including both regular and special education teachers) to identify any possible indication that the child may need a specialized or Individualized Education Program, or referral to the CSE of the student’s district of residence. Other students will be brought to the attention of the team if they are demonstrating
Search and Seizure
A student and/or the student’s belongings may be searched by any school official if the official has a reasonable suspicion to believe that a search of that student will result in evidence that the student violated the law or a school rule. Items which are prohibited on school property, or which may be used to disrupt or interfere with the educational process, may be removed from the student by school authorities and returned to parents at the school or turned over to law enforcement as appropriate.
All school related property always remains under the control of the School and is subject to search at any time. School related property includes but is not limited to: computers, lockers, cabinets, desks, bookcases, buses and other vehicles and items controlled or directed by school officials in the support of educational related programs or activities. The school is not responsible for books, clothing, or valuables left in lockers or desks. A student shall not place or keep in a locker, desk or other school related property any article or material which is of a non-school nature and may cause or tend to cause the disruption of the mission of the school. The following rules will apply to the search of school property assigned to a specific student and the seizure of illegal or prohibited items found therein:
- School authorities will make a reasonable search of a student’s locker, desk, or other school related property only when there is reasonable suspicion that a student is in possession of an item which is prohibited on school property or which may be used to disrupt or interfere with the educational process
- Searches shall be conducted under the authorization of the Principal or his/her designee
- Items which are prohibited on school property, or which may be used to disrupt or interfere with the educational process, may be removed by school authorities
- Searches of an individual will be made on individual suspicion of wrongdoing. To the extent practicable, searches of an individual will be conducted in private by a school official of the same sex and with another witness present
- Searches of students and school property may be conducted on school grounds or whenever the student is involved with or attending a school sponsored or related function, whether it is on school grounds or not.
Freedom of Expression
Students are entitled to express their personal opinions verbally, in writing, or by symbolic speech. The expression of such opinions, however, shall not interfere with the freedom of others to express themselves, and written expression of opinion must be signed by the author. Any form of expression that involves libel, slander, the use of obscenity, or personal attacks, or that otherwise disrupts the educational process, is prohibited. All forms of expression also must be in compliance with the student disciplinary policy and the school dress code, violations of which are punishable as stated in the disciplinary policy.
No person shall distribute any printed or written materials on school property without the prior permission of the Executive Director or Principal. The Executive Director may regulate the content of materials to be distributed on school property to the extent necessary to avoid material and substantial interference with the requirements of appropriate discipline in the operation of the school. The Executive Director may also regulate the time, place, manner and duration of such distribution.
Off-Campus Events
Students at school-sponsored off-campus events shall be governed by all the guidelines of the school and are subject to the authority of school officials. Failure to obey the lawful instructions of school officials shall result in a loss of eligibility to attend school-sponsored off-campus events and may result in additional disciplinary measures in accordance with the student disciplinary policy.
Student Use of School Technology
The use of technology provided by DCS is a privilege permitted at DCS’s discretion and is subject to the conditions and restrictions set forth in applicable School policies, administrative regulations, and this Acceptable Use Agreement. DCS reserves the right to suspend access at any time, without notice, for any reason.
DCS expects all students to use technology responsibly in order to avoid potential problems and liability. DCS may place reasonable restrictions on the sites, material, and/or information that students may access through the system.
Each student who is authorized to use DCS technology and his/her parent/guardian may be required each year to sign an agreement that contains, among other things, the terms set forth in this Discipline Code.
Definitions
DCS technology includes, but is not limited to, computers, DCS’s computer network including servers and wireless computer networking technology (Wi-Fi), the Internet, third party platforms (e.g., Google Classroom, Zoom, Skype. etc.) utilized by DCS for delivery of instruction and/or information to students and families, email, USB drives, wireless access points (routers), tablet computers, smart phones and devices, telephones, cellular phones, personal digital assistants, MP3 players, wearable technology, any wireless communication device including, and/or future technological innovations, whether accessed on or off site or through School-owned or personally owned equipment or devices.
Technology Ownership
This technology is, and at all time remains, the property of DCS, and is herewith lent to the student for educational purposes only.
Equipment provided by DCS to the student will be returned to DCS when requested to do so by DCS, or sooner, if the student withdraws from DCS prior to the end of the school year.
Student Obligations and Responsibilities
Students are expected to use DCS technology safely, responsibly, and for educational purposes only. The student in whose name DCS technology is issued is responsible for its proper use at all times. Students shall not share their assigned online services account information, passwords, or other information used for identification and authorization purposes, and shall use the system only under the account to which they have been assigned.
Students are prohibited from using DCS technology for improper purposes, including, but not limited to, use of DCS technology to:
- Access, post, delay, or otherwise use material that is discriminatory, libelous, defamatory, obscene, sexually explicit, or disruptive.
- Bully, harass, intimidate, or threaten other students, staff, or other individuals (“cyberbullying”).
- Disclose, use, or disseminate personal identification information (such as name, address, telephone number, Social Security number, or other personal information) of any student, staff member, or other person with the intent to threaten, intimidate, harass, or ridicule that person.
- Infringe on copyright, license, trademark, patent, or other intellectual property rights.
- Intentionally disrupt or harm DCS technology or other DCS operations (such as destroying DCS equipment, placing a virus on DCS computers or system, adding or removing a computer program without permission from a teacher or other DCS personnel, changing settings on shared computers).
- Install unauthorized software.
- “Hack” into the system to manipulate data of DCS or other users.
- Engage in or promote any practice that is unethical or violates any law or DCS policy, administrative regulation, or DCS practice.
Privacy
Since the use of DCS technology is intended for educational purposes, students shall not have any expectation of privacy in any use of School technology.
DCS reserves the right to monitor and record all use of DCS technology, including, but not limited to, access to the Internet or social media, communications sent or received from DCS technology, or other uses. Such monitoring/recording may occur at any time without prior notice for any legal purposes including, but not limited to, record retention and distribution and/or investigation of improper, illegal, or prohibited activity. Students should be aware that, in most instances, their use of DCS technology (such as web searches and emails) cannot be erased or deleted.
All passwords created for or used on any DCS technology are the sole property of DCS. The creation or use of a password by a student on DCS technology does not create a reasonable expectation for privacy.
Personal Devices
If a student uses a personally owned device to access DCS technology, they shall abide by all applicable DCS policies. Any such use of a personally owned device may subject the contents of the device and any communications sent or received on the device to disclosure pursuant to a lawful subpoena or public records request.
Reporting
If a student becomes aware of any security problem (such as any compromise of the confidentiality of any log in or account information), experiences problems with the functioning of or notices the misuse of DCS technology, he/she shall immediately report such information to the teacher or other DCS personnel.
Consequences for Violation
Violations of the law, DCS policy, or this agreement may result in revocation of a student’s access to DCS technology and/or discipline, up to and including suspension or expulsion. In addition, violations of the law, DCS policy, or this agreement may be reported to law enforcement agencies as appropriate.
Student Records
DCS 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. DCS will comply with NYSED’s VADIR data collection requirements and disciplinary data and submit that information to NYSED by required deadlines.
Charter schools are subject to the federal Family Education Rights and Privacy Act of 1974 (“FERPA”) that requires a school to protect a student’s privacy. DCS will not disclose any information from the student’s permanent records except as authorized pursuant to FERPA, or in response to a subpoena, as required by law. The parent(s) or guardian(s) of a student under 18 years of age, or a student 18 years of age or older, is entitled to access to the student’s school records by submitting a written request to the Principal. Further information concerning the disclosure of student information and limitations on such disclosure may be found in FERPA and the school’s FERPA policy.
Academic Integrity & Honesty
At Diamond Charter School, students are expected to produce their own, authentic work. If students
Uses a quote, a picture, information, or an idea from someone else’s work, they must give credit to the original owner. Students are prohibited from using AI technology when completing work, unless permission is granted by their teacher(s). Students engaging in scholastic dishonesty will result in a Level 2 Infraction consequence.
Diamond Charter School
Special Education Discipline Policy
Expectations
In addition to the discipline procedures applicable to all Students, the School shall implement the following disciplinary policy procedures with respect to Students with disabilities. 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 will be disciplined in accordance with these provisions. The School shall comply with sections 300.519 - 300.529 of the Code of Federal Regulations (CFR) and the following procedures, except that in the event that the following procedures are inconsistent with federal law and regulations, such as federal law and regulations shall govern.
Discipline Process
If a student violates the School’s discipline code and is being considered for a suspension or removal, the School must ensure the following due process protections are provided to the Student and to the Student’s parent(s) in addition to those set forth in the regular education discipline code. For suspensions of ten (10) school days or less, the Student’s parent(s) or guardian must be provided with a written notice, and a follow up telephone call, if possible, within 24 hours of the incident leading up to the suspension which describes the basis for the suspension and explains that the parent or guardian has the right to request an informal conference with the Principal and appropriate staff to discuss the incident and question any complaining witness against the Student. For suspensions in excess of ten (10) consecutive school days, the Student’s parent(s) or guardian must be provided with a written notice which indicates that the school proposed to suspend the Student from School in excess of ten (10) consecutive school days, describes the basis for the proposed suspension, explains that the Student has an opportunity for a fair hearing conducted by the Principal or his or her designee at which the Student will have a right to question any witnesses accusing him/her of committing the misconduct charge and to present witnesses on his/her behalf. Where possible, notification must also be provided by telephone. In addition, the School must provide alternative education to the Student during the suspension as set forth below, including any special services required by the Individualized Education Program (IEP) prepared by the Student’s Committee on Special Education (CSE) of their district of residence. Final determination on a suspension or removal of a Student, following due process, shall be made by the Principal.
The School shall maintain written records of all suspensions and expulsions of Students with a disability 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 the Student has been suspended or removed for disciplinary reasons.
Students for whom the IEP includes a Behavior Intervention Plan (BIP) will be disciplined in accordance with the BIP. If the BIP appears not to be effective or if there is a concern for the health and safety of the Student or others if the BIP is followed with respect to the infraction, the matter will be immediately referred to the CSE of the Student’s district of residence for consideration of a change in the guidelines.
If a student identified as having a disability is suspended during the course of the school year for a total of eight (8) 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 ten (10) days during the school year without the specific involvement of the CSE of the Student’s district of residence prior to the eleventh 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 (7) days of notification of any of the following: (1) The commission of an infraction by a student with a disability who has previously been suspended for the maximum allowable number of days; (2) The commission of an infraction that the School suspects is the result of the Student’s disability; (3) The commission of any infraction by a disabled student, regardless of whether the Student has previously been suspended during the school year if, had such infraction been committed by a non-disabled student, the Principal would seek to impose a suspension in excess of ten (10) days.
Also, the school will ensure that when the suspension or removal of a student with a disability will constitute a disciplinary change of placement, the CSE will be immediately notified so that the CSE can meet its required obligations to:
- Convene a CSE meeting within ten (10) school days to make a manifestation determination.
- Convene a CSE meeting within ten (10) business days to develop a plan to conduct a functional behavioral assessment or review an existing functional behavioral assessment or behavioral intervention plan.
- Provide the Student’s parent with a copy of their procedural rights.
- Work closely with the CSE of the Student’s district of residence in determining education services or the interim alternative educational setting consistent with the FAPE requirements.
Provision of Services During Removal
Those students removed for a period fewer than ten (10) days will receive 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 shall also provide additional alternative instruction with reasonable promptness and by appropriate means to assist the Student, so that the Student is given full opportunity to complete assignments and master curriculum, including additional instructions, phone assistance, computer instruction and/or home visits and one-on-one tutoring.
During any subsequent removal that, combined with previous removals equals ten (10) or more school days during the school year, but does not constitute a change in placement, services must be provided to the extent determined necessary to enable the Student 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 Student’s special education teacher, shall make the service determination.
During any removal for weapon, drug or infliction of serious bodily injury-related offenses pursuant to 34 CFR § 300.530(g)(1), (2), (3), and respectively, services will be provided to the extent necessary to enable the Student 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 the IDEA.
During any subsequent removal that does constitute a change in placement, but where the behavior is not a manifestation of the disability, the services must be provided to the extent necessary to enable the Student 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.
CSE Meetings
Meetings of the CSE of the Student’s district of residence to either develop a behavioral assessment plan or, if the child has one, to review such plan are required when: (1) the child is first removed from his or her current placement for more than ten (10) school days in a school year; and (2) when commencing a removal which constitutes a change in placement. The Student’s special education teacher (or coordinator) and the general classroom teacher will attend all meetings regarding the Student initiated by the CSE from the Student’s home district.
Subsequently, if other removals occur which do not constitute a change in placement, the School will work with the CSE of the Student’s district of residence to review the child’s assessment plan and its implementation to determine if modifications are necessary. If one or more members of the CSE of the Student’s district of residence believe that modifications are needed, then the CSE is expected to meet to modify the plan and/or its implementation.
Due Process
If discipline which would constitute a change in placement is contemplated for any Student, the following steps shall be taken: (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 ten 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 relationship between the child’s disability and the behavior subject to the disciplinary action.
If, upon review, it is determined 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 § 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 pending the determination of the hearing.
If a parent requests a hearing or an appeal to challenge the interim alternative educational setting or the manifestation determination resulting from a disciplinary action relating to weapons or drugs, the child shall remain in any interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period provided for in the disciplinary action, whichever occurs first, unless the parent and the School agree otherwise.