A. Human Services Agencies and Person In Need of Supervision (PINS) Petitions
When there is evidence of educational neglect, the building principal, in consultation with the superintendent, shall determine whether a report to the appropriate agency is warranted.
When there is evidence of child abuse, neglect, or maltreatment, all mandated reporters shall follow the procedures established by law and district policy.
When a student is frequently absent from or tardy without valid excuse; is habitually disobedient, ungovernable, or non-compliant with this Code of Conduct; or is in possession of marijuana in violation of the penal law; then the building principal, in consultation with the superintendent, may initiate the pre-PINS diversion process with the appropriate county lead agency. If the district is notified by the responsible county lead agency that no further diversion services are warranted, the building principal, in consultation with the superintendent, shall determine whether to initiate a PINS petition in Family Court.
The District may file a PINS (person in need of supervision) petition in Family Court on any student under the age of 18 who demonstrates that he or she requires supervision and treatment by:
- Being habitually truant and not attending school as required by part one of Article 65 of the Education Law.
- Engaging in an ongoing or continual course of conduct, which makes the student ungovernable or habitually disobedient, and beyond the lawful control of the school.
- Knowingly and unlawfully possesses marijuana or other illegal drugs in violation of Penal Law §221.05. A single violation of §221.05 will be a sufficient basis for filing a PINS petition.
B. Law Enforcement Agencies and Juvenile Delinquency Complaints
Whether a particular act in violation of this Code is reported to a law enforcement agency shall be determined by the building principal, in consultation with the superintendent. When the district utilizes a school resource officer (SRO) who is an employee of a law enforcement agency, the SRO shall be the initial point of reporting.
The following acts shall be reported to an appropriate law enforcement agency, unless the building principal documents a reason satisfactory to the superintendent for not doing so: possession of a weapon, possession of any controlled substance (including marijuana), physical assault, any acts of harassment, bullying or discrimination that the principal believes constitutes criminal conduct and theft or destruction of property having an apparent value over $100.
Other acts may be reported to a law enforcement agency when the building principal, in consultation with the superintendent, determines it is appropriate. When an act is reported to a local law enforcement agency as a possible crime, it remains the responsibility of the building administrator to collect the information necessary to make a determination as to the appropriateness of disciplinary consequences under this code.
In general, the person against whom the criminal act was directed should be identified as the complainant where the District attorney decides to initiate a juvenile delinquency petition. The District, or a District employee in their official capacity, may only be identified as the complainant when the superintendent determines that it is appropriate to proceed in that manner.
Students who have brought a “weapon” or “firearm” (as defined in 18 U.S.C. § 930(g)(2) and 18 U.S.C. §921, respectively of the Gun Free Schools Act ) to school will be referred by the superintendent to either a presentment agency (the agency or authority responsible for presenting a juvenile delinquency proceeding) or to appropriate law enforcement officials. Such referrals will be made as follows: a student who is under the age of sixteen (16) and who is not a fourteen (14) or fifteen (15) year-old who qualified for juvenile offender status under the Criminal Procedure Law §1.20 (42) will be referred to a presentment agency for juvenile delinquency proceedings; a student who is sixteen (16) years old or older, or who is fourteen (14) or fifteen (15) and qualified for juvenile offender status, will be referred to the appropriate law enforcement authorities.