NY Educ L § 2801 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 55 - Regulation by Boards of Education of Conduct on School District Property 2801 - Codes of Conduct on School Property.

§  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; andn. 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, 20224.  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.