S T A T E O F N E W Y O R K
________________________________________________________________________
1444
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. WRIGHT, GALEF, HOYT, JOHN, TOWNS, ESPAILLAT --
Multi-Sponsored by -- M. of A. FARRELL, SCARBOROUGH -- read once and
referred to the Committee on Education
AN ACT to amend the education law, in relation to developing a school-
wide uniform policy
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 35 of section 305 of the education law, as
added by chapter 667 of the laws of 2006, is renumbered subdivision 35-a
and a new subdivision 35-b is added to read as follows:
35-B. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEVELOP A SCHOOL-
WIDE UNIFORM POLICY AND SHALL ADOPT RULES AND REGULATIONS FOR THE
PURPOSE OF IMPLEMENTATION OF A SCHOOL DRESS POLICY ON A VOLUNTARY BASIS
OR AT THE OPTION OF LOCAL SCHOOL DISTRICTS. SUCH RULES AND REGULATIONS
SHALL BE DESIGNED TO PROMOTE A SCHOOL ENVIRONMENT TO FACILITATE AND
MAINTAIN EFFECTIVE LEARNING AND TO PROMOTE A CLASSROOM FOCUS ON LEARNING
AND SHALL AUTHORIZE THE GOVERNING BOARD OF ANY SCHOOL DISTRICT TO IMPLE-
MENT A DRESS CODE POLICY IN ANY SCHOOL WITHIN THE DISTRICT ON SIX MONTHS
NOTICE TO PARENTS AND ESTABLISHMENT OF RESOURCES SUFFICIENT TO ASSIST
ECONOMICALLY DISADVANTAGED STUDENTS WITHIN THE DISTRICT TO COMPLY WITH
SUCH POLICY. NOTHING IN THE RULES AND REGULATIONS PROMULGATED PURSUANT
TO THIS SUBDIVISION SHALL PRECLUDE STUDENTS FROM PARTICIPATING IN ANY
RECOGNIZED ACTIVITY FROM WEARING CLOTHING APPROPRIATE TO SUCH ACTIVITY
ON SPECIFIED OCCASIONS. THE GOVERNING BOARD OF ANY SCHOOL DISTRICT SHALL
PROVIDE A METHOD WHEREBY PARENTS MAY CHOOSE NOT TO HAVE THEIR CHILDREN
COMPLY WITH AN ADOPTED SCHOOL UNIFORM POLICY. ANY POLICY ADOPTED PURSU-
ANT TO THIS SUBDIVISION SHALL INCLUDE A PROVISION THAT NO STUDENT SHALL
BE PENALIZED ACADEMICALLY OR OTHERWISE DISCRIMINATED AGAINST NOR DENIED
ATTENDANCE TO SCHOOL IF THE STUDENT'S PARENTS CHOOSE NOT TO HAVE THE
STUDENT COMPLY WITH THE SCHOOL UNIFORM POLICY. THE GOVERNING BOARD OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00121-01-9
A. 1444 2
ANY SCHOOL DISTRICT MAY ADOPT OR RESCIND A DRESS CODE POLICY THAT
REQUIRES STUDENTS TO WEAR A SCHOOLWIDE UNIFORM. THE GOVERNING BOARD OF
ANY SCHOOL DISTRICT MAY ADOPT OR RESCIND A DRESS CODE POLICY THAT
PROHIBITS STUDENTS FROM WEARING "GANG-RELATED APPAREL" IF THE GOVERNING
BOARD OF THE SCHOOL DISTRICT APPROVES A PLAN THAT MAY BE INITIATED BY AN
INDIVIDUAL SCHOOL'S PRINCIPAL, STAFF AND PARENTS AND DETERMINES THAT THE
POLICY IS NECESSARY FOR THE HEALTH AND SAFETY OF THE SCHOOL ENVIRONMENT.
S 2. This act shall take effect immediately.