Foreword contained herein are the regulations and/or procedures formulated by the administrators of the Buffalo City School District. The organizing system in this manual utilizes the same numerical coding as in the Buffalo City School District Policy



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Public Notice

The District shall publicize by posting in a conspicuous location in the Central Office:




  1. The location where records shall be made available for inspection and copying.




  1. The name, title, business address, and business telephone number of the designated Records Access Officer.




  1. The right to appeal by any person denied access to a record and the name and business address of the person or body to whom an appeal is to be directed.

2005 3310P

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Community Relations



SUBJECT: PUBLIC ACCESS TO RECORDS

Responsibility Action
Requester 1) a. Obtains Application For Public Access To Records request (Form #3310F) to inspect or copy record(s) from Records Access Officer.
b. Completes Application For Public Access To Records request (Form #3310F) and submits to Records Access Officer.
Records Access Officer 2) Determines if record(s) specified on form is/are available for inspection and copying:
a. If available, directs requester within five (5) business days of receipt of request to place where record(s) may be inspected and copied.
b. If not available, notes reason for unavailability on request form, returns copy to requester within five (5) business days of receipt of request, and informs requester of right to appeal.
c. If unable to grant or deny access to records within five (5) business days of receipt of request, furnishes written acknowledgment of receipt of request and statement of approximate date when determination will be made.
Requester 3) If not satisfied with response submits written appeal to the Appeals Agency (City Corporation Counsel) within thirty (30) days.
Superintendent/City Corporation 4) Within ten (10) business days of the receipt of an

Counsel appeal, shall:


(Continued)

2005 3310P

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Community Relations



SUBJECT: PUBLIC ACCESS TO RECORDS (Cont'd.)

Responsibility Action
Superintendent/City Corporation a. Further deny access to records sought, fully

Counsel (Cont'd.) explaining in writing or;


b. Provide access to the records sought.
c. Submits to Committee on Open Government a copy of Appeal and final determination.
Requester 5) If denied further access by the Superintendent/ City Corporation Counsel, may bring a proceeding for review of such denial pursuant to Article 78 of the Civil Practice Law and Rules.
3310F

BUFFALO PUBLIC SCHOOLS


APPLICATION FOR PUBLIC ACCESS TO RECORDS

TO: RECORDS ACCESS OFFICER

Board of Education

Buffalo City School District

Buffalo, New York 14202
I hereby apply to inspect only or inspect and request reproduction of the following record(s):
__________________________________________________________________________________
__________________________________________________________________________________
______________________________ ____________________________ _________________

Print Name Signature Date

________________________________________ ________________________________________

Representing Mailing Address
I hereby acknowledge receipt of the reproduction of records.
Signature ________________________________________________ Date ___________________

**********************************************************************************



FOR OFFICE USE ONLY
[ ] Approved Inspection [ ] Approved for Copies Pages at $ per page
Total Received $___________
Denied (for the reason(s) checked below)
[ ] Confidential Disclosure [ ] Part of Investigatory Files

[ ] Unwarranted Invasion of Personal Privacy

[ ] Record of which this agency is legal custodian cannot be found

[ ] Record is not maintained by this agency

[ ] Exempted by statute other than the Freedom of Information Act

[ ] Other (Specify) _________________________________________________________________


__________________________________________________________________________________

Signature, Records Access Officer Date


**********************************************************************************

NOTICE: You have a right to appeal a denial of this application to City Corporation Counsel, 11th Floor City Hall, Buffalo, NY 14202.


___________________________________________ ___________________________________

Name Business Address


I hereby appeal:
___________________________________________ ___________________________________
Signature Date

2005 3410R

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Community Relations



SUBJECT: DEVELOPMENT GUIDELINES FOR CODES OF CONDUCT ON SCHOOL PROPERTY

The Buffalo City School District has developed and will amend, as appropriate, a written Code of Conduct for the Maintenance of Order on School Property, including school functions, which shall govern the conduct of students, teachers and other school personnel, as well as visitors. The District shall further provide for the enforcement of such Code.


For purposes of this regulation and the implemented Code of Conduct, school property means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of the District's elementary or secondary schools, or in or on a school bus as defined in Vehicle and Traffic Law Section 142; and a school function shall mean a school-sponsored extracurricular event or activity.
The District Code of Conduct has been developed in collaboration with student, teacher, administrator, and parent organizations, school safety personnel and other school personnel, and has been approved by the Board of Education.
The Code of Conduct shall include, at a minimum:
1) Provisions regarding conduct, dress and language deemed appropriate and acceptable on school property, including school functions; and conduct, dress and language deemed unacceptable and inappropriate on school property. Examples of potential items to be considered include:
a. Dress codes;

b. Bill of student rights and responsibilities. (Refer also to #19).


2) Provisions regarding acceptable civil and respectful treatment of teachers, school administrators, other school personnel, students, and visitors on school property, including school functions. Examples of potential items to be considered include:
a. Adoption of a Civility Policy;

b. Prohibition of swearing and/or use of abusive language.


3) The appropriate range of disciplinary measures which may be imposed for violation of such Code of Conduct.
4) The roles of teachers, administrators, other school personnel, the Board of Education, and parents/persons in parental relation to the student.
5) Standards and procedures to assure security and safety of students and school personnel.
(Continued)
2005 3410R

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SUBJECT: DEVELOPMENT GUIDELINES FOR CODES OF CONDUCT ON SCHOOL PROPERTY (Cont'd.)

6) Provisions for the removal from the classroom, and from school property and school functions, of students and other persons who violate the Code of Conduct. Examples of potential items to be considered include:


a. Grounds for teacher removal of "disruptive students" (as defined in accordance with Education Law and Commissioner's Regulations) from the classroom:
A "disruptive student" is defined as an elementary or secondary student under twenty-one (21) years of age who is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom. (Refer also to #16.)


  1. Provisions prescribing the period for which a disruptive student may be removed from the classroom for each incident by the teacher. However, no such "disruptive" student shall return to the classroom until the Principal (or his/her designated School District administrator) makes a final determination, pursuant to Education Law Section 3214(3-a)(c) (see "c" below) or the period of removal expires, whichever is less.

c. The Principal/designee shall not set aside the discipline imposed by the teacher unless the Principal/designee finds that:


(1) The charges against the student are not supported by substantial evidence;
(2) The student's removal is otherwise in violation of law; or
(3) The conduct warrants suspension from school pursuant to Education Law and a suspension will be imposed.
d. Teachers are required to immediately report and refer "violent students" (as defined in accordance with Education Law) to the Principal or Superintendent for a violation of the Code of Conduct and a minimum suspension period pursuant to Education Law Section 2801. (Refer also to #17.)
7) Disciplinary measures to be taken in incidents involving the possession or use of illegal substances or weapons, the use of physical force, vandalism, violation of another student's civil rights, harassment and threats of violence.
8) Provisions for detention, suspension and removal of students from the classroom, consistent with the Education Law Section 3214 and other applicable federal, state, and local laws.

(Continued)

2005 3410R

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Community Relations



SUBJECT: DEVELOPMENT GUIDELINES FOR CODES OF CONDUCT ON SCHOOL PROPERTY (Cont'd.)

9) Procedures to ensure the provision of continued educational programming and activities for students removed from the classroom, placed in detention, or suspended from school, which shall include alternative educational programs appropriate to individual student needs.


10) Procedures by which violations are reported and determined; and disciplinary measures imposed and carried out.
11) Provisions ensuring that the Code of Conduct, and its enforcement, are in compliance with state and federal laws relating to students with disabilities.
12) Procedures by which local law enforcement agencies shall be notified of Code violations which constitute a crime.
13) Provisions setting forth the circumstances under and procedures by which parents/persons in parental relation to the student shall be notified of Code violations by their children.
14) Circumstances under and procedures by which a complaint in criminal court, a juvenile delinquency petition or person in need of supervision ("PINS") petition as defined in Articles 3 and 7 of the Family Court Act will be filed.
15) Circumstances under and procedures by which referral to appropriate human service agencies shall be made.
16) Delineation of a minimum suspension period for students who repeatedly are substantially disruptive of the educational process or substantially interfere with the teacher's authority over the classroom. However, the suspending authority may reduce the suspension period on a case-by-case basis consistent with any other state and federal law.
The determination of students who "repeatedly are substantially disruptive of the educational process or substantially interfere with the teacher's authority over the classroom" shall be in accordance with definitions enumerated in Commissioner's Regulations. For purposes of this requirement:
"Repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom" shall mean engaging in conduct which results in the removal of the student from the classroom by teacher(s) pursuant to Education Law Section 3214(3-a) and the provisions set forth in the Code of Conduct on four (4) or more occasions during a semester, or three (3) or more occasions during a trimester, as applicable.
(Continued)

2005 3410R

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Community Relations

SUBJECT: DEVELOPMENT GUIDELINES FOR CODES OF CONDUCT ON SCHOOL PROPERTY (Cont'd.)

17) Delineation of a minimum suspension period for acts that would qualify the student to be defined as a "violent student" pursuant to Education Law Section 3214(2-a)(a) and enumerated below. However, the suspending authority may reduce the suspension period on a case-by-case basis consistent with any other state and federal law.


Pursuant to Education Law, a "violent student" is defined as an elementary or secondary student under twenty-one (21) years of age who:
a. Commits an act of violence upon the teacher, administrator or other school employee;

b. Commits, while on School District property, an act of violence upon another student or any other person lawfully upon such property;

c. Possesses, while on School District property, a gun, knife, explosive or incendiary bomb, or other dangerous instrument capable of causing physical injury or death;

d. Displays, while on School District property, what appears to be a gun, knife, explosive or incendiary bomb, or other dangerous instrument capable of causing death or physical injury;

e. Threatens, while on School District property, to use any instrument that appears capable of causing physical injury or death;

f. Knowingly and intentionally damages or destroys the personal property of a teacher, administrator, other School District employee, or any person lawfully upon School District property; or

g. Knowingly and intentionally damages or destroys School District property.
18) Consistent with the federal Gun-Free Schools Act, any student who is determined to have brought a firearm to school or possessed a firearm at school shall be suspended for a period of not less than one (1) calendar year. However, the Superintendent has the authority to modify this suspension requirement on a case-by-case basis.
19) A Bill of Rights and Responsibilities of Students which focuses upon positive student behavior, and which shall be publicized and explained to all students on an annual basis.
20) Guidelines and programs for in-service education programs for all District staff members to ensure effective implementation of school policy on school conduct and discipline.
The Code of Conduct has been adopted by the Board of Education only after at least one (1) public hearing that provided for the participation of school personnel, parent/persons in parental relation, students, and any other interested parties.

(Continued)

2005 3410R

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Community Relations



SUBJECT: DEVELOPMENT GUIDELINES FOR CODES OF CONDUCT ON SCHOOL PROPERTY (Cont'd.)

Distribution of the Code of Conduct shall include, but not be limited to, the following methods of dissemination:


1) Copies of a summary of the Code of Conduct shall be provided to all students at a general assembly held at the beginning of each school year.
2) Copies of the Code of Conduct shall be made available to parents/persons in parental relation to students at the beginning of each school year.
3) A plain language summary of the Code of Conduct shall be mailed to all parents/persons in parental relation to students before the beginning of each school year, and such summary of the Code shall be made available thereafter upon request.
4) Each existing teacher shall be provided with a copy of the Code of Conduct and a copy of any amendments to the Code as soon as practicable following initial adoption or amendment of the Code, and new teachers shall be provided with a copy of the current Code upon their employment.
5) Copies shall be made available for review by students, parents/persons in parental relation to students, non-teaching staff, and other community members
6) The District shall further take reasonable steps to ensure community awareness of the Code provisions.
The District's Code of Conduct shall be reviewed by the Board of Education on an annual basis and updated as necessary, taking into consideration the effectiveness of Code provisions and the fairness and consistency of its administration. The District is authorized to establish a committee to facilitate the review of the Code of Conduct and the District's response to Code of Conduct violations. Any such committee shall be comprised of similar individuals designated to develop the original Code of Conduct (see above).
The Board of Education shall reapprove any such updated Code of Conduct or adopt revisions only after at least one (1) public hearing that provides for the participation of school personnel, parents/persons in parental relation, students, and any other interested parties.
The District shall file a copy of its Code of Conduct and all amendments to the Code with the Commissioner of Education no later than thirty (30) days after their respective adoptions.

2005 3410R.1

Community Relations

SUBJECT: COMPULSORY REPORTING OF ACTS/INCIDENTS TO SECURITY SERVICES

The following acts or incidents must be reported, as soon as possible, by phone, followed by a written report to Security Services at 709-D City Hall:


1) Assault*
2) Harassment*
3) Burglary*
4) Arson*
5) Robbery*
6) Possession of dangerous weapons*
7) Use, sale, or possession of narcotics or alcohol or other controlled substances*
8) Possession of dangerous instruments*
9) Bomb threats*
10) Disruption of normal school functions*
11) Acts, or threats of incitement to violence*
12) Missing or abducted persons*
13) Trespassing*
14) All sex offenses*
15) Any other acts that could result in a criminal charge
16) False fire alarms*
17) Teacher assaults of any type*
*Indicates acts/incidents that are defined as criminal offenses in the NYS Penal Code.
NOTE: Refer also to Regulation #3600R -- Sex Offenses.
2005 3410R.2

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Community Relations



SUBJECT: CONTRABAND

Requesting Assistance with Contraband Items
All requests for assistance in identifying, transporting or the disposition of contraband items must be directed to Security Services:

816-3707


816-3745
If you are unable to reach Security Services, in an emergency, please call the following:
Assistant Superintendent 816-3682

Associate Superintendent 816-3714

Deputy Superintendent 816-3531
Transport or Movement of Contraband
1) District staff are prohibited from transporting guns, weapons, ammunition, drugs, controlled substances, or any other dangerous contraband.
2) Security Services will be responsible for transporting all guns, drugs, and controlled substances.
3) Security Services will transport all contraband.
4) District staff should be aware that the possession of guns, drugs, ammunition or dangerous weapons on their person or in their automobiles can lead to arrest and criminal prosecution. District staff are not authorized by the Buffalo Board of Education or New York State Law to transport drugs, guns, ammunition or dangerous weapons. Possession of such items is a criminal offense.
Contraband and Evidence
Identification of Confiscated Items:
It is important that all items confiscated as contraband be properly identified. This is necessary to ensure the following:
1) Items are properly identified for due process hearings (formal suspensions).
2) Items are properly identified for possible criminal prosecution.

(Continued)

2005 3410R.2

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Community Relations



SUBJECT: CONTRABAND (Cont'd.)

3) Items are properly identified so they can be destroyed as dangerous contraband.


4) Items are properly identified so any claims of students or guardians can be properly processed.
Failure to properly identify confiscated items can prejudice due process and criminal prosecutions. It can also create liability problems in claim cases.
Chain of Custody
In any due process or criminal prosecution it is imperative that a "chain of custody" be established for any contraband or evidence. This can only be accomplished when proper identification of all items is made. Only those individuals with "a need to handle" the evidence or contraband should do so.
Each time an envelope containing evidence or contraband "changes hands" the individual receiving or taking custody of the envelope must sign the envelope with their name, the date, and the time. When the envelope is submitted to the Security Services or withdrawn from the Security Services for a hearing, the individual must sign the Security Property Log Book.
This ensures that evidence or contraband is not lost or damaged. It also allows school personnel to establish a "chain of custody."
Should an item be needed for evidence at a City Hall hearing, it must be signed out of the Security Services Office no more than one hour prior to the hearing and returned immediately after the hearing. Items needed for hearings at School #26 or sites other than City Hall may be signed out at Security Services at 709-D City Hall by the appropriate school personnel. Items must be returned to the same office at the end of the scheduled #26 hearings.
Deposition of Evidence or Contraband
All contraband seized by school personnel must be properly identified. When identification procedures are completed, notify Security Services at 816-3707 that you have an item to be picked up. Security Services will pick up items and secure them in the Security Services Office.
Security Services will not provide either guns or drugs to be used as evidence. These items are handled by the Buffalo Police Department (BPD). We can provide lab reports and police reports for suspension hearings. We will provide photos of all other dangerous weapons. Dangerous weapons will not be provided for hearings.

(Continued)

2005 3410R.2

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Community Relations



SUBJECT: CONTRABAND (Cont'd.)

Any items defined or determined as dangerous instruments, weapons, or items dangerous to the health, safety and welfare of students or staff will not be returned to their owners. They will be turned over to the Buffalo Police Department for destruction.


Contraband and Evidence Photographed by Security Services
Security Services can provide photographs of all contraband as well as graffiti on walls or buildings. Notify Security Services if you wish evidence photographed.
Identification of Confiscated Items
All confiscated items shall be labeled and identified as follows:
1) Name of individual in possession of confiscated items.
2) Date and time of confiscation.
3) Place confiscation took place.
4) On the label, the initials of person confiscating the contraband.

Place a standard security label on the item or securely tape a label with such identification to the item.


All confiscated items should be placed in a standard security evidence envelope or 8 x 10 brown envelope. The envelope should be clearly marked with the following information:
1) Name of school or site where confiscation took place.
2) Name of individual in possession of confiscated item(s).
3) List of item(s) confiscated.
4) Date and time of confiscation.
5) Signature of person confiscating contraband.
The envelope should be closed and sealed.

(Continued)

2005 3410R.2

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Community Relations



SUBJECT: CONTRABAND (Cont'd.)

Chain of Custody
Proper custody and handling of all contraband to be used as evidence is very important. The individual taking initial custody of the contraband is a key link in the "evidence chain." This person establishes the possession or use of contraband items.
The person confiscating contraband should label it and store it in a Security Evidence Envelope or a 8 x 10 brown envelope. The envelope should be labeled with the date, time, and place of confiscation. The name of the individual the contraband was confiscated from must also be marked on the envelope.
Each time the evidence "changes" hands, a "chain of custody" must be established. This can be accomplished by requiring the person receiving the envelope to sign his/her name, date and time under the previous custodian's name. All evidence signed in and out of Security Services must be so signed. In addition, a "log book" signature is required. These signatures establish a "chain of custody."
Disposition of Confiscated Items*
Items for Evidence in a Formal Suspension Hearing
1) Security Services should be notified of any item to be used as evidence in a formal suspension hearing. Call 816-3707.
2) Label envelope with date, time, and place of hearing.
3) Security Services will pickup the item and store it under lock and key.
4) On the date of the hearing, the item may be signed out in the Security Services Office, 709-D City Hall, by the appropriate school personnel.
5) Following the hearing, the item must be returned to the Security Services Office, 709-D City Hall, by the person signing the item out.

*Handguns and drugs are handled by the Buffalo Police Department (BPD) as criminal offenses. No such items will be available for hearing. Lab reports are available approximately ten (10) working days after initial submission. Handguns are never available. A copy of the arrest record will be provided.

(Continued)

2005 3410R.2

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Community Relations

SUBJECT: CONTRABAND (Cont'd.)

Items for Evidence in a School Hearing*
1) Items may be held at school under lock and key until date of hearing.
2) Label envelope with date, time and place of hearing.
3) Items of a contraband nature should never be returned to students or parents.
4) Following hearing, notify Security Services (816-3707) that there is contraband to be picked up and properly disposed.
5) Security Services will pickup items.
*Handguns and drugs must be reported to Security Services. Security Services will have BPD process these items.
Final Disposition of Contraband
1) Items used as evidence in hearings will be held for thirty days following final disposition of the case.
2) Any item defined as contraband, which poses or posed a threat to the health, welfare or safety of students or staff will not be returned.
3) Security Services will ensure the proper destruction of all dangerous contraband.
Photographs of Contraband and Evidence
Any contraband or evidence can be photographed by Security Services. These photographs may be substituted for actual physical evidence if all parties agree to the substitution. In the case of graffiti, property damage, or physical injury, photographs may be used as evidence. The photographs must be signed with the photographer's name, the date, the time and the place of the photograph. The photograph should be placed in an evidence envelope. The same procedures for handling evidence should be followed.

2005 3410P

Community Relations

SUBJECT: THE MAINTENANCE OF PUBLIC ORDER ON SCHOOL PROPERTY

Responsibility Action
Administrator/Designee 1) a. Determines if person(s) is/are in violation of the Code of Conduct for the Maintenance of Order on School Property.
b. Determines the cause of the conduct in question and makes a reasonable effort to persuade those engaged in the conduct to desist. He/she must try to resort to permissible methods for the resolution of any issues which may be presented.
c. Tells the person(s) that their conduct is in violation of the Code of Conduct and warns the person(s) involved in the conduct of the consequences if they persist in the prohibited conduct.
d. If a visitor or other third party on school premises refuses to discontinue such conduct, ejects the person(s) from the premises where the conduct is taking place.
e. May apply to the public authorities for any aid he/she deems necessary in causing the ejection of any violator of the rules.
f. May request school counsel to apply any legal course of action to the violators.
School Counsel 2) Assists in application to court of appropriate jurisdiction for an injunction to restrain the violation or threatened violation of these rules, subject to provisions of applicable law.
Administrator/Designee 3) If violator is a student or an employee of the District, applies appropriate disciplinary procedures in accordance with law, the Code of Conduct, District policies, and, if applicable, collective bargaining agreement.
4) Informs and submits a written report to the Board.

2005 3410P.1

Community Relations

SUBJECT: VANDALISM PROTECTION

Responsibility Action
Employee 1) Reports damage or act of vandalism to the Principal.
Principal/Designee 2) a. Investigates damage or act of vandalism.
b. Reports findings of the investigation to the Superintendent.
Superintendent/Designee 3) a. Determines the extent (if any) of police involvement.
b. Notifies parents/guardians and student (if known) and confers with them regarding damages done.
c. Submits to the student/parents/guardians a description of damages and a bill for their repair.
Student/Parents/Guardians 4) a. Agrees to pay for damages.
or
b. Agrees to work for the District until the debt is paid.
or
c. Refuses to provide restitution.
Superintendent/Designee 5) Initiates legal action if option 4(c) is exercised by the student/parents/guardians.

3410F


BOARD OF EDUCATION – CITY OF BUFFALO

INCIDENTS OF VANDALISM



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