• The Mount Vernon Board of Education (“Board”) is committed to providing a safe, supportive and orderly school environment where students may receive and district personnel may deliver quality educational services without disruption or interference and creating an  atmosphere that demonstrates, undertakes and promotes respect of the diverse cultures and linguistic groups that forms our schools and community. 

    Responsible behavior by students, teachers, district personnel, parents and other visitors is essential to achieving this goal. These expectations are based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty and integrity. This code provides a legal and procedural framework for supporting a civil safe and positive school climate and guides decisions regarding inappropriate behavior or misconduct. 

    Student Conduct 
    The Board of Education expects all students to conduct themselves in an appropriate and civil manner, with mutual respect and dignity, and with proper regard to the rights and welfare of others students, district personnel and other members of the school community, and for the care of school behavior, as well as the consequences of their misbehavior.  The board recognizes the need to make its expectations of student conduct while on school property or engaged in a school function specific and clear. Off Campus conduct may be subject to school discipline should the District determine in its discretion that such conduce has a nexus to school activities. 

    There are four levels of Student Conduct governed by this Code of Conduct: The violations and consequences detailed below for each level provided a framework for the principal or his/her designee’s response to the violations of the Code of Conduct. Because no framework can account for all of the potential details or circumstances related to an instance of misconduct, the framework is meant to serve as a guide, and the principal or his/her designee shall use appropriate discretion to determine the appropriate consequences for a violation. 

    Level I: Insubordinate/ Inappropriate Conduct 
    Level I infractions may occur anywhere in the school, including classrooms, cafeteria, library, hallways, auditorium, on school grounds or at any school function on or off school grounds. This conduct can be addressed by teachers and any other school personnel.   

    Required Responses to Level I Conduct Violations 
    1. Verbal communication
    2. Classroom management
    3. Other appropriate actions designed by the school to address the infraction   

    Level II: Disorderly/Disruptive Conduct 
    Level II infractions of a more serious nature or a continuance of Level I misconduct. This can include student acts that interfere with orderly educational process in the classroom or in the school. Can be addressed by teacher and any other school personnel.    

    Required Responses to Level II Conduct Violations 
    1. Classroom management
    2. Teacher removal of student from classroom
    3. Written referral to administrator and student/teacher conference
    4. Parent phone contact
    5. Written notification within 24 hours 

    Level III: Conduct that Endangers the Morals, health and Welfare of Students and Staff

    Infractions in Level III are very serious and substantially interfere with the educational environment. Addressing this conduct requires the cooperation of teacher and administration.  

    Required responses to Level III Conduct Violations
    1. Classroom management
    2. Teacher removal of student from classroom
    3. Written referral to administrator
    4. Student/teacher conference
    5. Parent phone contact
    6. Written notification to parent within 24 hours
    7. Required conference with administrator, student, parent and teacher
    8. Suspension for 1-5 school days per occurrence
    9. Superintendent’s hearing  for repeat offenses 

    Level IV: Violent/Dangerous Conduct 
    Dangerous and/or violent infractions will not be tolerated and call for the most serious disciplinary procedures. This requires immediate removal from schools and notification to police. (Board Policy #3412) 

    Required Responses to Level IV Conduct Violations
    1. Suspension for 5 days
    2. Superintendent Hearings  

    Discipline of Students with Disabilities 
    The Board recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities to address disruptive or problem behavior. The board is committed to ensuring that the procedures followed for suspending, removing or otherwise disciplining students with disabilities are consistent with the procedural safeguards required by applicable laws and regulations and the Committee on Special Education (CSE). The parents of a student with disabilities subject to a suspension of five consecutive school days or less shall be provided with the same opportunity for an informal conference available to parents of non-disabled students.  

    For suspensions or removals up to 10 school days in a school year that do not constitute a disciplinary change in placement, student with disabilities must be provided with alternative instruction or services on the same basis as non-disabled students of the same age. If the suspension or removal from the current educational placement constitutes a disciplinary change in placement because it is for more than 10 consecutive schools days or constitutes a pattern because the suspensions or removals cumulate to more than 10 school days in a year, a manifestation determination must be made. (Board Policy #7313) 

    School personnel may consider any unique circumstances on a case by case basis when determining whether to order a  change in placement for a student with a disability who violates the Code of Conduct. 

    Appeal of Superintendent’s Decision 
    If the student and/or parents/guardians disagree(s) with the decision of the Superintendent, he/she (they) have the right to appeal the decision to the Board of Education. Such appeal must be writing and should include the reason(s) why he/she (they) believe the appeal should be granted. 

    The appeal must be submitted within thirty (30) calendar days of the date of the Superintendent’s decision to: 
    President, Board of Education c/o District Clerk
    Mount Vernon City School District
    165 North Columbus Ave
    Mount Vernon, NY 10553 

    The Board of Education will conduct a thorough review of the record to include:
    The transcript (recording) of the  Superintendent’s Hearing;
    The report and recommendations of the Superintendent or designated hearing officer and all exhibits submitted at the hearing; 
    The written request for appeal.