Maintenance of Public Order on School Property
The Board of Education of the North Colonie Central Schools does hereby enact, as required by Education
Law §2801, the following rules and regulations for the maintenance of public order on school property. Nothing
contained in this policy is intended nor shall it be construed to limit or restrict the freedom of speech nor peaceful
assembly.
• 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 a public elementary or
secondary school; or in or on a school bus. (N.Y. Education Law § 11.1)
• School Bus means every motor vehicle a) owned by a public or governmental agency or private
school and operated for the transportation of pupils, children of pupils, teachers and other
persons acting in a supervisory capacity, to or from school or school activities, or, b) privately
owned and operated-for-compensation for the transportation of pupils, children of pupils,
teachers and other persons acting in a supervisory capacity to or from school or school activities.
(N.Y. Vehicle and Traffic Law § 142)
• School Function means a school-sponsored extra-curricular event or activity. (N.Y. Education §
11.2)
• Employee means any person receiving compensation from a school district or employee of a
contracted service provider or worker placed within the school under a public assistance
employment program, pursuant to title nine-B of article five of the social services law, and
consistent with the provisions of such title for the provision of services to such district, its
students or employees, directly or through contract, whereby such services performed by such
person involve direct student contact. (N.Y. Education Law § 1125.3)
I. Rules and Regulations
A. Prohibited Conduct – No student, teacher, other staff member, visitor, licensee or invitee shall engage in any of the following types of prohibited conduct on school premises or on school buses.
- to cause willful physical injury to any person.
- to cause willful damage to property.
- to cause willful disruption of the orderly conduct of classes or of any other school program or activity.
- to enter upon any portion of the school premises for any purpose other than its authorized uses.
- to cause willful interference with the lawful and authorized activities of others.
- to possess or use illegal drugs, alcohol or weapons on school premises. (Exception: Properly authorized law enforcement officers may, as their duties require, be armed when on school premises.)
- to engage in any other act which is in violation of the Penal Code of the State of New York.
- to incite others to commit any of the herein listed types of prohibited conduct.
B. Conduct During Fire Drills
- Students are to leave building in an orderly manner, in pairs, quickly and quietly — using proper stairs and exits. Each teacher will supervise his or her own group to designated safety area.
- Teachers who have no classes at the time the fire alarm sounds should step into the corridors at the sound of the signal and be ready to give directions and control whenever the need arises. These teachers must also leave the building — following the students who are last to leave.
- All teachers should see that the windows in the various rooms as well as the doors – are closed in order to avoid the updraft that has been so dangerous in other fires.
- Teachers should see that all students with disabilities are assisted from the building.
- The woman and man teacher nearest each girls’ and boys’ lavatory and rest room should inspect these rooms for occupants immediately after the last student has left his/her classroom.
- Each teacher should know which room adjacent to his/her are occupied each period of the day — and inspect those rooms for occupants immediately after the last student has left his/her classroom.
- In case it is noticed that some classrooms have not heard the fire alarm, they should be notified by teachers in adjacent rooms.
- Do not attempt to salvage anything such as hooks. Do not carry any article which might be dropped and result in someone tripping. Girls should take their purses with them.
- All staff members, visitors, licensees and invitees shall he subject to the fire drill procedures established by the district.
C. Visitors to School Buildings — (See 1521, “Rules Concerning Loitering on School Property”)
D. Control of Traffic on School Property — (See Policy 8240, Traffic and Parking Controls)
Restricted Areas — Only authorized school personnel and licensees are to he allowed access to school building boiler rooms, incinerator rooms, laundry room, and electrical entrance and switching areas.
E. Strikes and Other Emergencies — In the event of a strike or other unforeseen emergency situation, there shall be no picketing or demonstrations allowed on school property. Under such emergency circumstances, the school grounds and buildings shall be closed to all but authorized students, staff members, and substitute personnel.
II. Penalties
A. Visitors, Licensees and Invitees
- Determination of Violations — by staff member in charge
- Penalties
a. ejection from school premises
b. exclusion from school premises in future
c. formal charges of violation of penal law, if applicable - Determination of Penalty — by Building Principal or his/her designated representative.
- Appeal Procedure — to Superintendent of Schools
B. Students
- Determination of Violation — by Building Principal.
- Penalties dependent upon specific offense; may range as follows:
a. reprimand
b. restitution, in case of property damage, enforceable by civil suit if necessary
c. after-school detention
d. internal suspension
e. exclusion from extra-class activities
f. suspension from school maximum of five (5) school days
g. long-term suspension — in excess of five (5) school days
h. formal charges of violation of penal law, if applicable - Determination of Penalty — By Building Principal, except where offense may warrant a long-term suspension from school: In such cases, a hearing, as prescribed by NYS Education Law, will be conducted by the Superintendent.
C. Teachers and Other Certificated Staff
- Determination of Violation and Penalty
a. tenured employees — (See NYS Education Law, See. 3020-a)
b. non-tenured employees — (See NYS Education Law, Sec. 3012, 3015, 3019-a, 3031) - Penalties — dependent upon specific offense; may range as follows:
a. reprimand
b. suspension
c. dismissal
d. formal charges of violation of penal law, if applicable - Appeal Procedure – (as per appropriate section of NYS statutes)
D. Classified Staff
- Determination of Violation and Penalty
a. competitive class employees — (See NYS Civil Service Law, Sec. 75)
b. non-competitive class and labor — (see Article Viii, sec. 4, Agreement between North Colonie Central School District and North Colonie unit of CSEA and NYS Civil Service Law, Sec. 75) - Penalties — dependent upon specific offense; may range as follows:
a. reprimand
b. suspension
c. dismissal
d. formal charges of violation of penal law, if applicable - Appeal Procedure — (as per appropriate section of NYS statutes.)
Cross-ref:
1500, Use of School Facilities
1511, Advertising in the Schools
1521, Public Conduct on School Property 5300, Student Conduct and Discipline
Ref: Education Law §2801
Note: Prior policy, Maintenance of Public Order on School Property, 1000 (a) — (d)
Note: Felonious violation of any of the herein listed rules and regulations governing public order on school property’ shall be reported, as required by New York Penal Law, to the appropriate law enforcement authority.)
Adoption of this policy governing public order on school property in no way constitutes a waiver of the right of school authorities to invoke the provisions of penal law where applicable.
Policy Adopted: November 13, 1972
Amended: November 25, 1985
Amended: February 24, 1997
Amended: January 23, 2006
Amended: June 18, 2012