Proactive/Preventative

1. Proactive/Preventative • “I feel a moral responsibility to a child…..at least in my little neck of the woods.” • Dr. Goldman, Principal

2. OORS/SOHOIncident Reporting and the Student Suspension Processes

3. The keys to accurate, successful OORS and SOHO reporting: • Be specific in whathappened: • Do NOT use legal or vague terms • Assaulted, Battered, Threatened, Harassed • engaged in a physical altercation • was physically aggressive • inappropriately touched • engaged in intimidating behavior If there was an injury make sure to include that in the both the OORS report and the SOHO request for suspension. If there was a weapon involved, be as specific as possible in the description of the weapon (box cutter, knife (5” blade), imitation gun (black and silver metal), etc. • Be specific in who was involved, where and when the incident took place: • include full names, titles and gender for all persons involved • Time and place of incident are important pieces of information that must NOT be over-looked.

4. There are three levels of student discipline that involve the temporary removal of a student from his/her regular program.Can you name them? • TEACHER REMOVAL • PRINCIPAL’S SUSPENSION • SUPERINTENDENT’S SUSPENSION

5. Teacher Removals • Student may be removed from class • from 1-4 days. • Parent must be notified of reason(s) and length of removal and the right to request an informal conference with Principal/designee • School must enter the occurrence in OORS. • In SOHO, the school must enter the following information: • Date of the conference • Duration • Effective Date

9. From CR A-443: Student Removal Form

10. Student Removal Form: Page 2

11. Principal’s Suspension • May last from 1-5 days. • NOT an option for Level 5 infractions. • Suspension Director approval NOT required. • OORS report must be generated and suspension must be documented in SOHO. • In accordance with Chancellor’s Regulation A-443, parent conference must be held with the Principal in attendance.

12. Meet with parent while considering suspension (proposed suspension) Suspend immediately and arrange meeting with parent before end of suspension. (immediate suspension) Principal’s Suspension.Principals now have two choices:

23. From CR A-443: Pending Prin. Suspension Parent Letter

24. From CR A-443: Immediate Principal’s Suspension Parent Letter

25. Superintendent’s Suspension • The school investigates the incident and requests a suspension through the SOHO system, which forwards it automatically to the Suspension Director or Community Superintendent (where applicable) for approval. • (§3214(3)(c)(1) NY Education Law)

26. Suspensions At-A-Glance

27. Intake • ISC Suspension Director, on behalf of the Chancellor’s designee: • Approves, rejects, or requests amendment(s) of suspension requests. • Approves/rejects pre-hearing removals for all Level 3 and specified level 4 cases. • Determines pre-hearing placements and sends information via SOHO to the Hearing Office where formal charges and dates are added. • (§3214(3)(c)(1) NY Education Law) • Discipline Code mandates a Superintendent’s suspension for all Level 5 student infractions.

28. Revisions requested by ISC: • All requests for revision will be sent by the ISC Suspension Director back to the school via SOHO. • School official should check on the status of the request in SOHO (under ‘intake requests’) prior to contacting the ISC. • The student is NOT suspended until the hearing office sends official notification via e-mail. This notice will include the effective date of suspension, hearing date and pre-hearing location. • Until then, the student must be allowed to attend his/her regular program

31. Immediate Removal Requests • A student charged with any level 3 infraction or specific level 4 infractions (A33, A34, A38, A40, A41, A43, B35, B36, B37, B42, B44, B45) shall remain in school pending the hearing unless the Principal believes the student’s continued presence in school poses an immediate or continuing danger to persons or property or an ongoing threat of disruption to the academic process. • In such cases, when seeking approval for a Superintendent’s Suspension, the Principal must also request approval for the student’s immediate removal by setting forth on the SOHO intake form why the student’s continued presence in school poses such a danger or threat of disruption. If the immediate removal is not requested or if approval is denied, the student must remain in class until the hearing is held and the case adjudicated. • In accordance with Chancellor’s Regulation A-443, students may not be removed from school prior to notification by the hearing office of the suspension.

35. Student Pre-Hearing Placement- done by ISC Suspension Director • *Students assigned to a pre-hearing buddy school (Gr. K-5) or Alternate Learning Center (Gr. 6-12) remain there until the case is concluded and a disposition rendered. • *Hearings can be rescheduled by the parent, which will affect the time frame. • (§3214(3)(e)NY Education Law and BOE Stipulation of Settlement)

36. Elementary Buddy School Clusters • All schools with a Kindergarten – 5th grade population. • Buddy school parings or clusters are created and maintained by the 5 ISC Suspension Directors. • Organized by: • Geography • Equity • If possible – affiliation

37. Alternate Learning Center Structure

38. ALC Structure and Overview

39. ALC Structure and Overview

40. Superintendent’s Suspension Process • Education Law § 3214 • Commissioner’s Regulation § 100.2 • Chancellor’s Regulation A-443

41. Pre-Hearing procedures • Conduct full investigation • Question victim, accused student, witnesses • Seek statements • Photocopy weapon • Request Suspension in SOHO • Obtain Copy of Charge Sheet

42. Intake • The Hearing Office Intake Officer: • Draft charge(s) • SOHO sends out notifications of the hearing date and pre-hearing placement to the • - Parent (by first-class letter) • - Suspending school • - Alternate Learning Center or Buddy School • - ISC and CFN Suspension Director (when applicable) • Suspending school must retrieve email out of Outlook within hours or BLANK • - Mailbox availability • The suspending school must notifiy the parent by 24-hour letter. • (Chancellor’s Regulation A-443)

43. Preparing the Records • What should the school representative bring with him/her to the hearing? • MUST KNOW THE CHARGE • WITNESSES • RECORDS • STUDENT FILES SHOULD CONTAIN THE FOLLOWING ITEMS • (Have three copies ready. School officials should hold on to originals.) • School Records • Completed and Signed (by Principal) Cover Sheet • Dean’s record summary-teacher referrals of prior incidents should be summarized on a deans’ record. • Current Teacher Progress Reports on Work and Behavior • Transcript • Latest report card • Attendance/Cutting Record • Immunization • IEP (if applicable – Special Ed. cases only) • Suspension Records • Any documents generated during investigation (MOST IMPORTANTLY witness statements that have been authenticated by the same school rep. who will be in attendance at the hearing.

44. Preparing the case • Exclusion of Student • Prepare Packet - Collect/Organize/Copy • Complete set • All statements taken • Video of incident • Multiple cases • Right of parent to pick up packet prior to hearing • Complete/legible Copy – Norman G. • “No Contest” – remove from packet • Cover Sheet (see handout) • School’s recommendation • Must obtain copy of Charge • If charge incorrect must correct immediately • If address incorrect must correct immediately • Provide copy of packet to parent • Dean “assigned” • Subpoena • Consent for student – must provide parent’s name and address

45. VIDEO EVIDENCE • A parent/guardian has the right to obtain in person, at the school, a copy of any video recording of the incident if the school shows the parent or student the video recording of the incident prior to the suspension and/or the school intends to introduce the video recording at the hearing. • As video evidence is often unclear and open to question, be prepared to bring witnesses who can give first-hand testimony as to what occurred. • Once the parent is informed the schools intends to use video evidence at the hearing, you cannot refuse to give the parent a copy. • If the school has no intention of using video evidence and does not bring its potential use into play during the investigation, the school cannot be compelled to create a DVD copy.

46. Hearing Process – Legal Process • Formal Administrative Hearing • Sworn testimony • School has the burden of proof • Advocates and attorneys participate • Appeal to the Chancellor/Commissioner/courts

47. Process at Hearing Office • MUST HAVE THREE (3) COMPLETE SET OF RECORDS FOR HEARING OFFICE • 3 phases of Suspension Proceeding • Pre-hearing Conference • Hearing • Disposition • ROLE OF HEARING OFFICER • IMPARTIAL • Only thing see is the charge • PURPOSE OF HEARING • Prove the charge (s) • Prove procedures were followed

48. THE HEARING • The burden of proof is on the suspending school to prove the charge (s), not on the Respondent to prove innocence. • School official of record presents the case/testifies first. • - Presents chronology of what happened • - If not an eyewitness – “what was REPORTED to you” • Enters documents/statements/video into evidence • Coordinates order of witnesses

49. HEARSAY • Written Statements • Cannot win a case without an eyewitness -HEARSAY • Admission by suspended student • Introduce statements/voucher/Xerox/lab report • Written Statements/Documents – “getting it in” • Authentication • Author • Witness • Acknowledgment

50. Adjournments • An adjournment is a postponement of the suspension hearing. • Either the parent or the suspending school may request adjournment with reason – obtain counsel, witness, illness • If the suspending school adjourns the hearing, the student may return to the suspending school until the next agreed upon hearing date.