N.Y.
Education Law Section 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 Vehicle & Traffic Law § 142 (School bus)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 § 2 (Definitions)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 § 3214 (Student placement, suspensions and transfers)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 § 3214 (Student placement, suspensions and transfers)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 2 (Dignity For All Students)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, 2026 * 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, 2026 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.
Source:
Section 2801 — Codes of conduct on school property, https://www.nysenate.gov/legislation/laws/EDN/2801 (updated May 31, 2024; accessed Oct. 26, 2024).
