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The Board of Education of the
City School District of Albany believes that order and discipline
are essential to an effective public education. It also believes
that everyone in the school community must play an active role in
contributing to an orderly environment.
The Board concluded that to be
effective, such code must:
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Be positive and preventative
in nature
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Promote self discipline
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Concern itself with the
welfare of the individual as well as that of the school community as
a whole
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Promote a close working
relationship between parents and the school district staff
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Distinguish between minor and
serious offenses, as well as between first-time and repeat offenders
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Provide disciplinary
responses that are fair and appropriate to the misbehavior
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Be administered by all in a
way that is fair, firm, reasonable, and consistent
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Encourage a high regard for
every person's right to reasonable due process procedures when
accused of misconduct
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Comply with the provisions of
Federal, State, and local law as well as with the guidelines and
directives of the New York State Board of Regents and the New York
State Education Department.
To achieve this, the Board has
devised a uniform code of discipline that clearly defines individual
rights and responsibilities, categorizes and specifies unacceptable
behavior, and provides for appropriate disciplinary measures, options,
and responses.
Suspension from Transportation
If a student does not conduct himself/herself
properly on a bus, the bus driver is expected to bring such misconduct
to the building principal's attention. Students who become a serious
disciplinary problem may have their riding privileges suspended by the
building principal or the superintendent or their designees. In such
cases, the student's parent/guardian will become responsible for seeing
that the students gets to and from school safely.
Visitors to the Schools
The Board encourages parents and other citizens to visit the District's
schools and classrooms to observe the work of students, teachers and
other staff. Since schools are a place of work and learning, however,
certain limits must be set for such visits. The building principal or
his or her designee is responsible for all persons in the building and
on the grounds. For these reasons, the following rules apply to visitors
to the schools:
1. Anyone who is not a regular
staff member or student of the school will be considered a visitor.
2. All visitors to the school
must report to the office of the principal upon arrival at the school.
There they will be required to sign the visitor's register and will be
issued a visitor's identification badge, which must be worn at all times
while in the school or on school grounds. The visitor must return the
identification badge to the principal's office before leaving the
building.
3. Visitors attending school
functions that are open to the public, such as parent-teacher
organization meetings or public gatherings, are not required to
register.
4. Parents or citizens who wish
to observe a classroom while school is in session are required to
arrange such visits in advance with the classroom teacher(s), so that
class disruption is kept to a minimum.
5. Teachers are expected not to
take class time to discuss individual matters with visitors.
6. Any unauthorized person on
school property will be reported to the principal or his or her
designee. Unauthorized persons will be asked to leave. The police may be
called if the situation warrants.
7. All visitors are expected
to abide by the rules for public conduct on school property contained in
this code of conduct.
Corporal Punishment
Corporal punishment is any act of
physical force upon a student for the purpose of punishing that student.
Corporal punishment of any student by any District employee is strictly
forbidden.
However, in situations where
alternative procedures and methods that do not involve the use of
physical force cannot reasonably be used, reasonable physical force may
be used to:
1. Protect oneself, another
student, teacher or any person from physical injury.
2. Protect the property of the
school or others.
3. Restrain or remove a student
whose behavior interferes with the orderly exercise and performance of
School District functions, powers and duties, if that student has
refused to refrain from further disruptive acts.
The District will file all
complaints about the use of corporal punishment with the Commissioner of
Education in accordance with Commissioner's regulations.
Public Conduct on School Property
The District is committed to
providing an orderly, respectful environment that is conducive to
learning. To create and maintain this kind of an environment, it is
necessary to regulate public conduct on school property and at school
functions. For purposes of this section of the code, "public" shall mean
all persons when on school property or attending a school function
including students, teachers, District personnel, and visitors.
The restrictions on public
conduct on school property and at school functions contained in this
code are not intended to limit freedom of speech or peaceful assembly.
The District recognizes that free inquiry and free expression are
indispensable to the objectives of the District. The purpose of this
code is to maintain public order and prevent abuse of the rights of
others.
All persons on school property or
attending a school function shall conduct themselves in a respectful and
orderly manner. In addition, all persons on school property or attending
a school function are expected to be properly attired for the purpose
they are on school property.
Essential Partners
Role of Parents/Guardians
To achieve a cooperative,
wholesome relationship between home and school that is essential to each
student's successful development and achievement, it shall be the
responsibility of parents/guardians to:
1. send their child to school as
required by New York State law;
2. insist on prompt and regular
attendance;
3. make certain all absences are
properly excused;
4. provide for their child's
health, acceptable grooming and suitable dress;
5. assist the child in developing
socially acceptable standards of behavior, to exercise self- control and
to be accountable for his/her actions;
6. teach their child respect for
the law and for the authority of the school, and for the rights and
property of others;
7. know and understand the rules
their child is expected to observe at school; be aware of the
consequences for any violation of these rules and accept legal
responsibility for their child's action;
8. instill in their child a
desire to learn, provide a place conducive for study and ensure the
completion of homework assignments;
9. exemplify an enthusiastic and
supportive attitude toward school and education by becoming acquainted
with their child's school, staff, curriculum and activities, and by
attending parent/teacher conferences and school functions; and
10. assume the ultimate
responsibility for changing and for addressing unacceptable school
behavior for their child under the age of 18.
Role of Faculty
and Staff
In recognition of their charge to
educate all of the children of our community with the acceptance and
expectation that each child can learn, it shall be the responsibility of
the faculty and staff to:
1. reflect a personal enthusiasm
for teaching and learning and a genuine concern for the individual
student;
2. guide learning activities so
students learn to think and reason, assume responsibility for their
actions and respect the rights of others;
3. participate in the
establishment of school rules and regulations regarding student
behavior, explain these rules to students and require observance of
them;
4. enable students to discuss
their problems by listening to students while remaining open-minded, and
consulting student recommendations in the decision making process;
5. be fair, firm and consistent
in enforcing school rules in classrooms, hallways, restrooms, school
buses, on school campus and at all school-sponsored activities;
6. give positive reinforcement
for acceptable behavior;
7. demonstrate, by work and
personal example, respect for law, order and self discipline;
8. refer to a counselor or
administrator any student whose behavior requires special attention;
9. seek to develop close
cooperative relationships with parents/guardians for the educational
benefit of the student by keeping open communication with
parents/guardians and by sending communications home promptly.
Role of
Building Principals and Supervisory Personnel
As the educational leaders of the
school, the principal, in concert with all other building administrators
and supervisory personnel, shall set the disciplinary climate for the
school, not only for students but for staff as well. It shall be their
responsibility to:
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seek to develop a sound and
helpful atmosphere of mutual respect within the school;
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evaluate the program of
instruction in their school to achieve a meaningful educational
program;
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help their staff self
evaluate their own procedures and attitudes in relation to the
interactions within their classrooms;
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develop procedures which
reduce the likelihood of student misconduct;
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provide the opportunity for
students and staff to approach the principal or other appropriate
administrators directly for redress of grievances;
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work with students and staff
to formulate school regulations;
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assist staff members to
resolve any school-related problems which may occur;
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work closely with parents to
establish a wholesome relationship between home and school;
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utilize all appropriate
support staff and community agencies to help parents and students
identify problems and seek solutions;
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establish necessary building
security;
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assume responsibility for the
distribution of the code of student discipline and ensure that all
discipline cases referred are resolved justly and promptly;
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ensure fairness,
reasonableness and consistency;
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comply with pertinent State
laws governing hearings, suspensions and student rights;
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demonstrate desirable
standards of behavior through personal example.
Police Involvement in Searches and Interrogations of Students
District officials are committed
to cooperating with police officials and other law enforcement
authorities to maintain a safe school environment. Police officials,
however, have limited authority to interview or search students in
schools or at school functions, or to use school facilities in
connection with police work. Police officials may enter school property
or a school function to question or search a student or to conduct a
formal investigation involving students only if they have:
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A search or an arrest
warrant; or
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Probable cause to believe a
crime has been committed on school property or at a school function;
or
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Been invited by school
officials.
Before police officials are
permitted to question or search any student, and consistent with any
urgent circumstances which may exist, the building principal or his or
her designee shall first try to notify the student's parent/guardian to
give the parent the opportunity to be present during the police
questioning or search. If the student's parent/guardian cannot be
contacted prior to the police questioning or search, the questioning or
search shall not be conducted unless urgent circumstances require it.
The principal or designee will also be present during any police
questioning or search of a student on school property or at a school
function.
Child Protective Services Investigations
Consistent with the District's
commitment to keep students safe from harm and the obligation of school
officials to report to Child Protective Services when they have
reasonable cause to suspect that a student has been abused or
maltreated, the District will cooperate with local Child Protective
Services workers who wish to conduct interviews of students on school
property relating to allegations of suspected child abuse and/or
neglect, or custody investigations.
All requests by Child Protective
Services to interview a student on school property shall be made
directly to the Pupil Personnel Office.
Student Records
The School District collects and
maintains student records to report the growth and development of
individual students, to provide information to parents and authorized
staff, and to establish a basis for the evaluation and improvement of
school programs.
Student information contained in
the cumulative record, also known as a permanent record, includes
records of subjects and grades, credits, awards, promotions,
standardized test information, school attendance records, health data
and other information that serves the educational interest of the
student.
According to the "Family
Education Rights and Privacy Act," the following people under the
following circumstances may have access to student records without the
need for written release:
1. All school personnel who have
a legitimate educational interest in the student;
2. Parents or legal guardians
upon written request. All rights of access, review, release of records
to parents/guardians are relinquished to the student when the student
has reached 18 years of age;
3. Officials of other schools or
school districts in which the student enrolls;
4. Authorized representatives of
the United States Government for the purpose of auditing Federal
projects;
5. Persons who need student
information in connection with a student's application for or receipt of
financial aid;
6. Organizations or individuals
approved by the superintendent of schools or his/her designated
representative for the purpose of conducting educational studies;
7. The New York State Education
Department and the Middle States' Accrediting Organization in order to
carry out accrediting functions;
8. Persons who present court
orders and subpoenas requesting access to records.
Requests for student information
shall not be released to other third parties without the written
authorization from the parent/guardian or the student if he/she is 18
years of age or older.
A person who has the right to
access also has the right to copy records or receive copies of records
at his/her expense.
Parents or legal guardians shall
have the right to see their child's records and request deletion of
inaccurate, misleading or inappropriate data. If agreement between the
parent/guardian and school cannot be reached concerning expunging of
material from a student's record, the parent/guardian may request a
hearing before a disinterested third party. In each case, the hearing
officer will be a certified person designated by the superintendent of
schools.
Students' Bill of Rights and Responsibilities
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Students have the right to
pursue an education in a safe environment that is conducive to
learning and the responsibility to conduct themselves with respect
toward fellow students, teachers, administrators, and self.
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Students have the right to
freedom of speech and expression. The expression of opinions,
however, shall not interfere with the freedom of others to express
themselves or interfere with a safe and orderly educational
environment.
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Students have the right to
participate in school activities free from any form of
discrimination including race, color, religion, national origin,
gender, sexual orientation, handicapping conditions, or economic
status. Students may not be denied participation in any activity
for any reason other than those established by state or school
eligibility requirements and those requirements related to the
purpose of the activity. Students have the responsibility of
demonstrating good sportsmanship at all times.
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Students have the right to
procedural due process guaranteed by the Constitutions of the United
States and the State of New York and the New York State Education
Law prior to disciplinary action being taken against them. Every
student has the right to be informed of all the rules of the school
which pertain to student conduct. Before any punishment is given,
the student will be apprised of the specific rule or regulation that
has been violated. Students shall have the opportunity to refute any
allegations presented against them. Students shall accept the
responsibility for their own actions.
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Students have the right to
enroll in a particular course of study which best meets their needs.
They have the responsibility to maintain as high a scholastic
average as possible and to ensure that all work is their own work
and all sources are properly cited.
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Students have the right to
be respected on the basis of their individual attributes and to
assume the responsibilities of meeting classroom obligations to
teachers and fellow students. Students are responsible for
following directions of faculty and administrators and of respecting
school property and the property of others.
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Students have the right to
dress in a manner that is not distracting or otherwise disruptive of
the educational process, and is not endangering the health and
safety of any student. (See Section VI for the District's
Student Dress Code.)
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Students have the right to
be educated in a safe, clean and healthy environment. They have the
responsibility to help maintain order, to pick up after themselves,
and to obey all rules and regulations regarding order and
discipline.
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Students have the right to
the use of schoolbooks and materials necessary for the furtherance
of their education. They have the responsibility to take proper
care of books and materials, sign out books as required, return
borrowed books and materials to the school when due and in good
condition, and bring all appropriate materials for receiving
instruction and completing assignments to class as required.
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Students have the right to
be represented by an active student government selected by free
school elections. They have the responsibility to take an active
part in student government by running for office or conscientiously
voting for the best candidates and making concerns and problems
known to their elected representatives.
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Students have the right to
be afforded channels of communication to the Board of Education.
They have the responsibility to express their views concerning the
operation of the school system with supporting rationale.
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Students have the right to
be afforded the opportunity to develop school publications such as
school newspapers. They have the responsibility to refrain from
libel and obscenity and to observe the normal rules for responsible
journalism.
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Students have the right to
have access to relevant and objective information concerning drug
and alcohol abuse as well as access to individuals or agencies
capable of providing direct assistance to those students with severe
personal problems. Students have the responsibility to be aware
of the information and services available and to seek assistance in
dealing with personal problems when appropriate.
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Students have the right to
have their records available for inspection by their parents or
legal guardian upon request, or by the student if 18 years of age or
older. Students have the responsibility to be aware of the right
to access and guidelines governing such access.
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Students have the right to
be free from unreasonable intrusion upon themselves or their
property by school personnel and/or police agencies. Students
have the responsibility to cooperate with a reasonable legal search
and to be aware of actions that constitute serious and dangerous
wrongdoing and to refrain from such acts (possession of controlled
substances, weapons, dangerous materials, etc.), which may result in
the necessity for such a search. (See Section XIII regarding student
searches, locker searches and student interrogations.)
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Students have the right of
access to computer technology. Students have the responsibility
to use computer technology responsibly and only for school-related
projects.
Teacher Disciplinary Removal of Disruptive Students
A student's behavior can affect a
teacher's ability to teach and can make it difficult for other students
in the classroom to learn. In most instances, the classroom teacher can
control a student's behavior and maintain or restore control over the
classroom by using good classroom management techniques. These
techniques may include practices that involve the teacher directing a
student to briefly leave the classroom to give the student an
opportunity to regain his or her composure and self-control in an
alternative setting. Such practices may include, but are not limited to:
(1) short-term "time out" in the classroom or in an administrator's
office; (2) sending a student to the principal's office for the
remainder of the class time only; or (3) sending a student to a guidance
counselor or other District staff member for counseling.
If a student's behavior is deemed
to be substantially disruptive of the educational process or
substantially interfering with the teacher's authority over the
classroom, the teacher may remove the disruptive student from class for
up to three days. The removal from class applies to the class of the
removing teacher only. The process for teacher removal of disruptive
students from class is outlined in the District Code of Conduct Policy.
Minimum Period of Suspension
Any student found guilty of
bringing a weapon onto school property will be subject to suspension
from school for at least one calendar year. Before being suspended, the
student will have an opportunity for a hearing pursuant to Education Law
¤3214. The superintendent has the authority to modify the one-year
suspension on a case-by-case basis. In deciding whether to modify the
penalty, the superintendent may consider the following:
1. the student's age
2. the student's grade in school
3. the student's prior
disciplinary record
4. the superintendent's belief
that other forms of discipline may be more effective
5. input from parents, teachers
and/or others
6. other extenuating
circumstances.
A student with a disability may
be suspended only in accordance with the requirements of State and
Federal law.
Disciplinary Measures for Violation of the School Conduct Policy
Discipline is most effective when
it deals directly with the problem at the time and place it occurs, and
in a way that students view as fair and impartial. School personnel who
interact with students will place emphasis on the students' abilities to
grow in self-discipline.
Disciplinary action, when
necessary, will be firm, fair, and consistent so as to be the most
effective in changing student behavior. In determining the appropriate
disciplinary action, school personnel authorized to impose disciplinary
penalties will consider the student's age and maturity; the nature of
the offense and the circumstances which led to the offense; the
student's prior disciplinary record; the effectiveness of other forms of
discipline; information from parents, teachers and/or others as
appropriate; and other mitigating and extenuating circumstances.
If the conduct of a student is
related to a disability or suspected disability, the student shall be
referred to the Committee on Special Education. Discipline, if
warranted, shall be administered consistent with the separate
requirements of the District code of conduct for disciplining students
with a disability (see the complete version of the "Code of Conduct
Policy). A student identified as having a disability shall not be
disciplined for behavior related to his/her disability
Prohibited Conduct/Behavior and Range of Consequences
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Truancy, illegal
tardiness, cutting classes. Range of consequence:
principal/teacher reprimand; parent/guardian notification;
detention; School Court; Family Court referral (PINS Petitions)
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Leaving school early or
leaving grounds without permission; forging notes from
parent/guardian; loitering. Range of consequence:
principal/teacher reprimand; parent/guardian notification;
detention.
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Walking out/disruption of
class. Range of consequence: principal/teacher reprimand;
parent/guardian notification; detention; School Court; suspension.
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Rough-housing, fighting,
or extortion on school grounds, buses, or at school functions.
Range of consequence: principal/teacher reprimand; parent/guardian
notification; detention; suspension; School Court; Family Court
referral.
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Possession or use of
drugs, alcohol or tobacco. Range of consequence: suspension,
School Court; Family Court referral.
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Causing a false fire alarm
or bomb threat. Range of consequence: suspension; School Court;
Family Court referral.
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Theft of or destruction of
public or private property. Range of consequence:
parent/guardian notification; payment and/or replacement of
property; detention; suspension; School Court.
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Cheating on exams or
quizzes. Range of consequence: principal/teacher reprimand;
parent/guardian notification; detention; suspension; School Court.
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Indecent exposure, sexual
misconduct or harassment. Range of consequence: parent/guardian
notification; detention; School Court; Family Court.
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Wearing inappropriate,
insufficient, or disruptive clothing or attire. Range of
consequence: parent/guardian notification; removal from class until
properly clothed.
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Reckless driving on school
property; illegal parking in an unauthorized zone or without a
permit. Range of consequence: warning; verbal reprimand;
temporary or permanent termination of driving/parking privileges;
School Court.
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Possession of radios, CD
players, beepers, or other electronic equipment not being used for
instructional purposes. Range of consequence: parent/guardian
notification; detention; in-school suspension; parental retrieval of
equipment; suspension.
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Possession of self defense
sprays (i.e. mace or pepper spray). Range of consequence:
parent/guardian notification; suspension; School Court.
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Assault, possession of a
weapon or dangerous instrument, or sale of a controlled substance.
Range of consequence: mandatory consequences include
notification and referral to the superintendent for further action
such as long-term suspension or transfer to another school or
alternative program.
NOTE: In accordance with the
Gun-Free Act, a student in possession of a firearm is subject to a
minimum of a one-year suspension.
Student Dress Code
Students and their parents have the primary responsibility for
acceptable student dress and appearance. Teachers and all other district
personnel should exemplify and reinforce acceptable student dress and
help students develop an understanding of appropriate appearance in the
school setting.
A student's dress, grooming
and appearance, including hair style/color, jewelry, make-up and nails,
shall:
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Be safe, appropriate and not
disrupt or interfere with the educational process.
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Recognize that extremely
brief garments such as tube tops, net tops, halter tops, spaghetti
straps, plunging necklines (front and/or back) and see-through
garments are not appropriate.
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Ensure that underwear is
completely covered with outer clothing.
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Include footwear at all
times. Footwear that is a safety hazard will not be allowed.
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Not include the wearing of
hats or head coverings in the school building except for a medical
or religious purpose.
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Not include items that are
vulgar, obscene, libelous or denigrate others on account of race,
color, religion, creed, national origin, gender, sexual orientation
or disability.
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Not include gang-related
paraphernalia.
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Not promote and/or endorse
the use of alcohol, tobacco or illegal drugs and/or encourage other
illegal or violent activities.
Students who violate the student
dress code shall be required to modify their appearance by covering or
removing the offending item and, if necessary or practical, replacing it
with an acceptable item. Any student who refuses to do so shall be
subject to discipline, up to and including out of school suspension.
Student Lockers, Desks,
etc.
The rules in this code of conduct regarding
searches of students and their belongings do not apply to student
lockers, desks and other school storage places or any other locations or
areas owned by and under the control of the District. Students have no
reasonable expectation of privacy with respect to these places and
school officials retain complete control over them. This means that
student lockers, desks, other school storage places or any other
locations or areas owned by and under the control of the District may be
subject to search at any time by school officials, without prior notice
to students and without their consent.
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