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This entry was published on 2019-05-03
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SECTION 2801
Codes of conduct on school property
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 55
§ 2801. Codes of conduct on school property. 1. For purposes of this
section, 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, as defined in section one hundred
forty-two of the vehicle and traffic law; and a school function shall
mean a school-sponsored or school-authorized extra-curricular event or
activity regardless of where such event or activity takes place,
including any event or activity that may take place in another state.

2. The board of education or the trustees, as defined in section two
of this chapter, of every school district within the state, however
created, and every board of cooperative educational services and county
vocational extension board, shall adopt and amend, as appropriate, a
code of conduct for the maintenance of order on school property,
including a school function, which shall govern the conduct of students,
teachers and other school personnel as well as visitors and shall
provide for the enforcement thereof. Such policy may be adopted by the
school board or trustees only after at least one public hearing that
provides for the participation of school personnel, parents, students
and any other interested parties. Such code of conduct shall include, at
a minimum:

a. provisions regarding conduct, dress and language deemed appropriate
and acceptable on school property, including a school function, and
conduct, dress and language deemed unacceptable and inappropriate on
school property, including a school function, and provisions regarding
acceptable civil and respectful treatment of teachers, school
administrators, other school personnel, students and visitors on school
property, including a school function, including the appropriate range
of disciplinary measures which may be imposed for violation of such
code, and the roles of teachers, administrators, other school personnel,
the board of education and parents;

b. standards and procedures to assure security and safety of students
and school personnel;

c. provisions for the removal from the classroom and from school
property, including a school function, of students and other persons who
violate the code;

d. disciplinary measures to be taken in incidents involving the
possession or use of illegal substances or weapons, the use of physical
force, vandalism, violation of another student's civil rights and
threats of violence;

e. provisions for detention, suspension and removal from the classroom
of students, consistent with section thirty-two hundred fourteen of this
chapter and other applicable federal, state and local laws including
provisions for the school authorities to establish policies and
procedures to ensure the provision of continued educational programming
and activities for students removed from the classroom, placed in
detention, or suspended from school;

f. procedures by which violations are reported, determined, discipline
measures imposed and discipline measures carried out;

g. provisions ensuring such code and the enforcement thereof are in
compliance with state and federal laws relating to students with
disabilities;

h. provisions setting forth the procedures by which local law
enforcement agencies shall be notified of code violations which
constitute a crime;

i. provisions setting forth the circumstances under and procedures by
which persons in parental relation to the student shall be notified of
code violations;

j. provisions setting forth the circumstances under and procedures by
which a complaint in criminal court, a juvenile delinquency petition or
person in need of supervision petition as defined in articles three and
seven of the family court act will be filed;

k. circumstances under and procedures by which referral to appropriate
human service agencies shall be made;

l. a minimum suspension period, for students who repeatedly are
substantially disruptive of the educational process or substantially
interfere with the teacher's authority over the classroom, provided that
the suspending authority may reduce such period on a case by case basis
to be consistent with any other state and federal law. For purposes of
this section, the definition of "repeatedly are substantially
disruptive" shall be determined in accordance with the regulations of
the commissioner;

m. a minimum suspension period for acts that would qualify the pupil
to be defined as a violent pupil pursuant to paragraph a of subdivision
two-a of section thirty-two hundred fourteen of this chapter, provided
that the suspending authority may reduce such period on a case by case
basis to be consistent with any other state and federal law; and

n. provisions to comply with article two of this chapter.

* 3. The district code of conduct shall be developed in collaboration
with student, teacher, administrator, and parent organizations, school
safety personnel and other school personnel and shall be approved by the
board of education, or other governing body, or by the chancellor of the
city school district in the case of the city school district of the city
of New York. In the city school district of the city of New York, each
community district education council shall be authorized to adopt and
implement additional policies, which are consistent with the city
district's district-wide code of conduct, to reflect the individual
needs of each community school district provided that such additional
policies shall require the approval of the chancellor.

* NB Effective until June 30, 2022

* 3. The district code of conduct shall be developed in collaboration
with student, teacher, administrator, and parent organizations, school
safety personnel and other school personnel and shall be approved by the
board of education, or other governing body, or by the chancellor of the
city school district in the case of the city school district of the city
of New York. In the city school district of the city of New York, each
community school district board shall be authorized to adopt and
implement additional policies, which are consistent with the city
district's district-wide code of conduct, to reflect the individual
needs of each community school district provided that such additional
policies shall require the approval of the chancellor.

* NB Effective June 30, 2022

4. The board of education, chancellor or other governing body shall
provide copies of a summary of the code of conduct to all students at a
general assembly held at the beginning of the school year and shall make
copies of the code available to persons in parental relation to students
at the beginning of each school year, and shall mail a plain language
summary of such code to all persons in parental relation to students
before the beginning of each school year, and make it available
thereafter upon request. The board of education, chancellor or other
governing body shall take reasonable steps to ensure community awareness
of the code provisions.

5. a. The board of education, chancellor or other governing body shall
annually review and update the district's codes of conduct if necessary,
taking into consideration the effectiveness of code provisions and the
fairness and consistency of its administration. Each school district is
authorized to establish a committee and to facilitate the review of the
code of conduct and the district's response to code of conduct
violations. Any such committee shall be comprised of similar individuals
described in subdivision three of this section. The school board,
chancellor, or other governing body shall reapprove any such updated
code only after at least one public hearing that provides for the
participation of school personnel, parents, students and any other
interested parties.

b. Each district shall file a copy of its codes of conduct with the
commissioner and all amendments to such code shall be filed with the
commissioner no later than thirty days after their adoption.