N.Y. Education Law § 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; 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, 2028

* 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, 2028

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.