For the purpose of this code, it is important that the following definitions are understood:
A provision of educational service to an elementary or Junior/Senior High School student through the age of 21 in a manner other than in the regular full-time day school. Students may receive homebound instruction, reduced school day or receive educational service in some other setting.
In the context of this policy, is defined as inappropriate persistent behavior including threats and/or intimidation of others, treating others cruelly, terrorizing, coercing, or habitual put downs and/or badgering others.
Any visual depiction, including any photograph, film, video, picture, or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct where the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct, the depiction is, or appears to be, of a minor engaging in sexually explicit conduct, the depiction has been created, adapted or modified to appear that an identifiable minor is engaging in sexually explicit conduct, or the depiction is advertised or described in such a manner that it conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct.
A drug or other substance identified in certain provisions of the federal Controlled Substances Act specified in both federal and state law and regulations applicable to this policy.
According to the Copyright Act of 1976, “Fair Use” means that you may freely use any information that you legally find for scholarly purposes. You may not plagiarize or sell it.
For example, if you find copies of Microsoft Office or any other copyrighted or licensed software, you cannot legally copy it. However, if you find an article about Microsoft Office, you may copy it as long as you give credit to the author and do not sell it.
Dignity for All Students Act (DASA) – (§§10-18 of Education Law) defines harassment as the creation of a hostile environment by conduct or by verbal threats, intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with a student’s educational performance.
A physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or a record of such an impairment or a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term must be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held (Education Law §11 and Executive Law § 292).
Any act committed by a student through the age of 21 with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk that is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom.
An elementary or Junior/Senior High School student under the age of 21 who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom.
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 involved direct student contact (Education Law § 11 and 1125).
Actual or perceived sex and includes a person’s gender identity or expression (Education Law § 11).
The manner in which a person presents or expresses gender to others, often through behavior, clothing, hairstyle, activities, voice or mannerisms.
One’s self-conception as being male or female, as distinguished from actual biological sex or sex assigned at birth.
The creation of a hostile environment by conduct or by verbal threats, intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities, or benefits, or mental emotional or physical wellbeing; or conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; such conduct, verbal threats, intimidation or abuse includes but is not limited to conduct, verbal threats, intimidation, or abuse based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex (Education Law § 11).
Harmful to minors
Any picture, image, graphic image file, or other visual depiction that, taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex or excretion; depicts, describes or represents in a patently offensive way with respect to what is suitable for minors an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and, taken as a whole, lacks serious literary, artistic, political, or scientific value to minors.
Any material that is obscene, child pornography or harmful to minors.
The outright refusal to comply with the reasonable request of any staff member or responsible adult serving in the capacity of chaperone by an elementary or Junior/Senior High School student through the age of 21.
Any work that taken as a whole, appeals to prurient interest, whether the work depicts or describes in a patently offensive way specifically defined by applicable state law, and the work taken as a whole lacks serious literary, artistic, political or scientific value.
Parent, guardian or persons in parental relation to a student.
Plagiarism is “taking ideas or writings from another person and offering them as your own.” Credit should always be given to the person who created the article or is responsible for the idea. Take extra caution when using the information networks. Cutting and pasting ideas into your own document, without giving credit to the author is plagiarism.
Every motor vehicle 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, 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 (Education Law §11 and Vehicle and Traffic Law §142).
A school-sponsored extra-curricular event or activity (Education Law §11).
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 Junior/Senior High school, or in or on a school bus. Education Law §11).
Actual or perceived heterosexuality, homosexuality, or bisexuality (Education Law § 11).
Any visual depiction, including any photograph, film, video, picture, or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, involving physical force exerted to cause damage, abuse or injury.
A student under the age of 21 whom: Commits an act of violence upon a school employee or attempts to do so. Commits, while on school property or at a school function, an act of violence upon another student or any other person lawfully on school property or at the school function, or attempts to do so. Possesses, while on school property or at a school function, a weapon. Displays, while on school property or at a school function, what appears to be a weapon. Threatens, while on school property or at a school function, to use a weapon. Knowingly and intentionally damages or destroys the personal property of any school employee or any person lawfully on school property or at a school function. Knowingly and intentionally damages or destroys school district property.
A firearm as defined in 18 USC 921 for purposes of the Gun-Free School Act. It also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger, dirk, razor, stiletto, switchblade knife, gravity knife, brass knuckles, sling shot, metal knuckle knife, box cutter, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper spray, or other noxious spray, explosive or other devise, instrument, material or substance that can cause physical injury or death when used to cause physical injury or death.