PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 100.2(l) of Title 8 NYCRR.
Statutory authority:
Education Law, sections 11(1)-(7), 12(1) and (2), 13(1)-(3), 14(1) and (3), 101(not subdivided), 207(not subdivided), 305(1) and (2) and 2801(1)-(5); and L. 2010, ch. 482, sections 2 and 4
Subject:
Code of Conduct.
Purpose:
Conform Commissioners Regulations on Codes of Conduct to the Dignity for All Students Act (ch. 482, L. 2010).
Text of proposed rule:
1. Paragraph (2) of subdivision (l) of section 100.2 of the Regulations of the Commissioner of Education is amended, effective July 1, 2012, as follows:
(2) Code of Conduct
(i) On or before July 1, 2001, each board of education and board of cooperative educational services shall adopt and provide for the enforcement of a written code of conduct for the maintenance of order on school property and at school functions, as defined in Education Law, [section] sections 11(1) and (2) and 2801(1), which shall govern the conduct of students, teachers, other school personnel, and visitors. Such a code 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. The City School District of the City of New York shall adopt a district-wide code of conduct and each community school district may, upon approval of the chancellor, adopt and implement additional policies, which are consistent with the city school district's district-wide code of conduct, to reflect the individual needs of each community school district. A school district or board of cooperative educational services shall adopt its code of conduct only after at least one public hearing that provides for the participation of school personnel, parents, students, and any other interested parties.
(ii) The code of conduct shall include, but is not limited to:
(a) provisions regarding conduct, dress and language deemed appropriate and acceptable on school property and at school functions, and conduct, dress, and language deemed unacceptable and inappropriate on school property and provisions regarding acceptable civil and respectful treatment of teachers, school administrators, other school personnel, students, and visitors on school property and at school functions, 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) provisions prohibiting discrimination and harassment against any student, by employees or students on school property or at a school function, that creates a hostile environment by conduct, with or without physical contact and/or by verbal threats, intimidation or abuse, of such a severe nature that:
(1) has or would have the effect of unreasonably and substantially interfering with a student's educational performance, opportunities or benefits, or mental, emotional and/or physical well-being; or
(2) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety.
Such conduct shall include, but is not limited to, threats, intimidation, or abuse based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender as defined in Education Law § 11(6), or sex; provided that nothing in this subdivision shall be construed to prohibit a denial of admission into, or exclusion from, a course of instruction based on a person's gender that would be permissible under Education Law sections 3201-a or 2854(2)(a) and Title IX of the Education Amendments of 1972 (20 U.S.C. section 1681, et seq.), or to prohibit, as discrimination based on disability, actions that would be permissible under section 504 of the Rehabilitation Act of 1973;
[(b)] (c) standards and procedures to assure security and safety of students and school personnel;
[(c)] (d) provisions for the removal from the classroom [and from], school property and school functions of students and other persons who violate the code;
[(d)] (e) provisions prescribing the period for which a disruptive pupil may be removed from the classroom for each incident, provided that no such pupil shall return to the classroom until the principal makes a final determination pursuant to Education Law section 3214(3-a)(c), or the period of removal expires, whichever is less;
[(e)] (f) disciplinary measures to be taken in incidents on school property or at school functions involving the possession or use of illegal substances or weapons, the use of physical force, vandalism, violation of another student's civil rights, harassment and threats of violence;
(g) provisions for responding to acts of discrimination and harassment against students by employees or students on school property or at a school function pursuant to clause (b) of this subparagraph;
[(f)] (h) provisions for detention, suspension and removal from the classroom of students, consistent with Education Law section 3214 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, which shall include alternative educational programs appropriate to individual student needs;
[(g)] (i) procedures by which violations are reported, determined, discipline measures imposed and discipline measures carried out;
[(h)] (j) provisions ensuring such code and the enforcement thereof are in compliance with State and Federal laws relating to students with disabilities;
[(i)] (k) provisions setting forth the procedures by which local law enforcement agencies shall be notified of code violations which constitute a crime;
[(j)] (l) provisions setting forth the circumstances under and procedures by which persons in parental relation to the student shall be notified of code violations;
[(k)] (m) 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] Articles three and seven of the Family Court Act will be filed;
[(l)] (n) circumstances under and procedures by which referral to appropriate human service agencies shall be made;
[(m] (o) a minimum suspension period, for any student who repeatedly is substantially disruptive of the educational process or substantially interferes 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 requirement, "repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom" shall mean engaging in conduct which results in the removal of the student from the classroom by teacher(s) pursuant to the provisions of Education Law section 3214(3-a) and the provisions set forth in the code of conduct on four or more occasions during a semester, or three or more occasions during a trimester, as applicable;
[(n)] (p) a minimum suspension period for acts that would qualify the pupil to be defined as a violent pupil pursuant to Education Law section 3214(2-a)(a), 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;
[(o)] (q) a bill of rights and responsibilities of students which focuses upon positive student behavior and a safe and supportive school climate, [and] which shall be written in plain-language, publicized and explained in an age-appropriate manner to all students on an annual basis; and
[(p)] (r) guidelines and programs for in-service education programs for all district staff members to ensure effective implementation of school policy on school conduct and discipline, including but not limited to, guidelines on promoting a safe and supportive school climate while discouraging, among other things, discrimination or harassment against students by students and/or school employees; and including safe and supportive school climate concepts in the curriculum and classroom management.
(iii) Additional responsibilities.
(a) Each board of education and, in the case of the City School District of the City of New York, the chancellor of such city school district, and each board of cooperative educational services shall annually review and update as necessary its code of conduct, taking into consideration the effectiveness of code provisions and the fairness and consistency of its administration. A school district may establish a committee pursuant to Education Law section 2801(5)(a) to facilitate the review of its code of conduct and the district's response to code of conduct violations. A board of education or board of cooperative educational services may adopt any revision to the code of conduct only after at least one public hearing that provides for the participation of school personnel, parents, students, and any other interested party. Each district shall file a copy of its code of conduct and any amendments with the commissioner, in a manner prescribed by the commissioner, no later than 30 days after their respective adoptions.
(b) Each board of education and board of cooperative educational services shall ensure community awareness of its code of conduct by:
(1) posting the complete code of conduct, respectively, on the Internet web site of the school or school district, or of the board of cooperative educational services, including any annual updates to the code made pursuant to clause (a) of this subparagraph and any other amendments to the code;
[(1)] (2) providing copies of a summary of the code of conduct to all students, in an age-appropriate version, written in plain-language, at a [general] school assembly to be held at the beginning of each school year;
[(2)] (3) [mailing] providing a plain language summary of the code of conduct to all persons in parental relation to students before the beginning of [the] each school year and making such summary available thereafter upon request;
[(3)] (4) providing each existing teacher with a copy of the complete code of conduct and a copy of any amendments to the code as soon as practicable following initial adoption or amendment of the code, and providing new teachers with a complete copy of the current code upon their employment; and
[(4)] (5) making complete copies available for review by students, parents or [other] persons in parental relation to students, [nonteaching] other school staff and other community members.
2. Section 119.5 of the Regulations of the Commissioner of Education is added, effective July 1, 2012, as follows:
119.5 Policies against discrimination and harassment. Each charter school shall include in its disciplinary rules and procedures pursuant to Education Law section 2851(2)(h) or, if applicable, in its code of conduct:
(a) provisions, in an age-appropriate version and written in plain-language, prohibiting discrimination and harassment against any student, by employees or students on school property or at a school function, that creates a hostile environment by conduct, with or without physical contact and/or by verbal threats, intimidation or abuse, of such a severe nature that:
(1) has or would have the effect of unreasonably and substantially interfering with a student's educational performance, opportunities or benefits, or mental, emotional and/or physical well-being; or
(2) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety.
Such conduct shall include, but is not limited to, threats, intimidation, or abuse based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender as defined in Education Law § 11(6), or sex; provided that nothing in this subdivision shall be construed to prohibit a denial of admission into, or exclusion from, a course of instruction based on a person's gender that would be permissible under Education Law sections 3201-a or 2854(2)(a) and Title IX of the Education Amendments of 1972 (20 U.S.C. section 1681, et seq.), or to prohibit, as discrimination based on disability, actions that would be permissible under section 504 of the Rehabilitation Act of 1973;
(b) provisions for responding to acts of discrimination and harassment against students by employees or students on school property or at a school function as defined in Education Law sections 11(1) and (2), pursuant to subdivision (a) of this section, including but not limited to disciplinary measures to be taken; and
(c) guidelines on promoting a safe and supportive school climate while discouraging, among other things, discrimination or harassment against students by students and/or school employees; and including safe and supportive school climate concepts in the curriculum and classroom management.
Text of proposed rule and any required statements and analyses may be obtained from:
Mary Gammon, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-8857, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Ken Slentz, Deputy Commissioner P-12 Education, State Education Department, State Education Building 2M West, 89 Washington Ave., Albany, NY 12234, (518) 474-5520, email: NYSEDP12@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 11, as added by section 2 of Chapter 482 of the Laws of 2010, establishes definitions for purposes of the new Article 2 of the Education Law added by such statute, relating to the Dignity for All Students Act ("Dignity Act").
Education Law section 12(1), as added by section 2 of the Chapter 482 of the laws of 2010, prohibits discrimination and harassment of students by students and school employees on school property or at school functions, on the basis of the student's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex. Section 12(2) provides that an age-appropriate version of the policy outlined in section 12(1), written in plain-language, shall be included in the code of conduct adopted pursuant to Education Law section 2801 and a summary of such policy shall be included in any summaries required by such section 2801.
Education Law section 13 requires school districts to create policies to create a school environment that is free from discrimination and harassment, and create guidelines to be used in school training programs to discourage the development of discrimination or harassment, raise the awareness and sensitivity of employees to potential discrimination or harassment, and enable employees to prevent and respond to discrimination or harassment and guidelines relating to the development of nondiscriminatory instructional and counseling methods, and guidelines relating to nondiscriminatory instructional and counseling methods.
Education Law section 14 requires the Commissioner to provide direction, including model policies and, to the extent possible, direct services to school districts in preventing discrimination and harassment and fostering an environment in every school where all children can learn free of manifestations of bias. Section 14(3) authorizes the Commissioner to promulgate regulations to assist school districts in implementing Article 2 of the Education Law.
Education Law section 101 continues the existence of the Education Department, with the Board of Regents at its head and the Commissioner of Education as the chief administrative officer, and charges the Department with the general management and supervision of public schools and the educational work of the State.
Education Law section 207 grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.
Education Law section 305(1) empowers the Commissioner of Education to be the chief executive officer of the State system of education and the Board of Regents and authorizes the Commissioner to enforce laws relating to the educational system and to execute educational policies determined by the Board of Regents.
Education Law section 305(2) authorizes the Commissioner to have general supervision over all schools subject to the Education Law.
Education Law section 2801 requires each board of education and each board of cooperative educational services (BOCES) to adopt and amend, as appropriate, a code of conduct for the maintenance of order on school property and at school functions.
Education Law section 2854(1)(b) provides that charter schools shall meet the same health and safety, civil rights, and student assessment requirements applicable to other public schools, except as otherwise specifically provided in Article 56 of the Education Law.
Section 2 of Chapter 482 of the Laws of 2010 added a new Article 2 to the Education Law, relating to Dignity for All Students. Section 4 of Chapter 482 amended Education Law section 2801 to require that school district and BOCES codes of conduct include provisions to comply with Article 2 of the Education Law. Section 12(2) of Article 2 of the Education Law requires that an age appropriate version of the policy prohibiting harassment and discrimination against students in Section 12(1) be included in the code of conduct and any required summaries.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the above statutory authority and will conform the Commissioner's regulations to Education Law section 2801, as amended by section 4 of Chapter 482 of the Laws of 2010, and section 12 of Article 2 of the Education Law, as added by Chapter 482 of the Laws of 2010.
3. NEEDS AND BENEFITS:
The proposed amendment is necessary to implement provisions of the Dignity for All Students Act ("Dignity Act", Chapter 482 of the Laws of 2010) by including provisions in the Commissioner's Regulations to ensure compliance with the new Article 2 of the Education Law, as added by the Dignity Act. Article 2 generally prohibits discrimination and harassment of students by students and school employees on school property or at school functions, on the basis of the student's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex. Education Law section 2801, as amended by the Dignity Act, requires that codes of conduct include provisions to comply with Article 2. Section 12(2) of Article 2 of the Education Law requires that an age appropriate version of the policy prohibiting harassment and discrimination against students in Section 12(1) be included in the code of conduct and any required summaries.
4. COSTS:
(a) Costs to State government: None.
(b) Costs to local government: None. The proposed amendment is necessary to conform the Commissioner's Regulations to the Dignity Act and will not impose any additional costs on school districts, BOCES and charter schools beyond those imposed by the statute. The proposed amendment has been carefully drafted to meet statutory requirements and Regents policy while minimizing the impact on school districts, BOCES and charter schools. Where possible, the regulations have incorporated existing requirements and eliminated redundant requirements to minimize work at the local level and have emphasized local flexibility in meeting statutory requirements. For example, the proposed amendment replaces a requirement that a plain language summary of the code of conduct be mailed to all persons in parental relation, with a requirement that the summary be provided, thereby providing flexibility to determine how to provide the summaries in an efficient, cost-effective manner. In addition, the Department intends to establish a dedicated email address to receive codes of conduct, and updates and amendments to the codes, to relieve districts of the costs associated with mailing their codes to the Department.
(c) Costs to private regulated parties: None.
(d) Costs to regulating agency for implementation and continued administration of this rule: None.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment is necessary to conform the Commissioner's Regulations with the Dignity Act and will not impose any additional program, service, duty or responsibility beyond those by the statute.
Consistent with Education Law section 2801 and Article 2, as respectively amended and added by Chapter 482 of the Laws of 2010, the proposed amendment requires each school district and BOCES code of conduct to include:
• provisions prohibiting discrimination and harassment against any student by employees or students on school property or at a school function, that creates a hostile environment by conduct, with or without physical contact and/or by verbal threats, intimidation or abuse, of such a severe nature that: (1) has or would have the effect of unreasonably and substantially interfering with a student's educational performance, opportunities or benefits, or mental, emotional and/or physical well-being; or (2) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety. Such conduct shall include, but is not limited to, threats, intimidation or abuse based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender as defined in Education Law section 11(6), or sex;
• provisions for responding to such acts of discrimination or harassment against students by employees or students on school property or at a school function;
• a bill of rights and responsibilities of students which focuses upon positive student behavior and a safe and supportive school climate, which shall be written in plain-language, publicized and explained in an age-appropriate manner to all students on an annual basis; and
• guidelines and programs for in-service education programs for all district staff members to ensure effective implementation of school policy on school conduct and discipline, including but not limited to, guidelines on promoting a safe and supportive school climate while discouraging, among other things, discrimination or harassment against students by students and/or school employees, and including safe and supportive school climate concepts in the curriculum and classroom management.
The proposed amendment also requires that charter schools include in their disciplinary rules and procedures pursuant to Education Law section 2851(2)(h) or, if applicable, in its code of conduct, provisions prohibiting discrimination and harassment against any student, by employees or students on school property or at a school function; provisions for responding to acts of discrimination and harassment against students by employees or students on school property or at a school function; and (c) guidelines on promoting a safe and supportive school climate while discouraging, among other things, discrimination or harassment against students by students and/or school employees; and including safe and supportive school climate concepts in the curriculum and classroom management.
6. PAPERWORK:
The proposed amendment requires:
• each school district to file its code of conduct and any amendments with the Commissioner, in a manner prescribed by the Commissioner, within 30 days after their respective adoptions;
• each school district and BOCES to post the complete code of conduct, and any updates and amendments to the code, on the school's or school district's Internet web site;
• each school district and BOCES to provide all students with copies of a summary of the code of conduct, in an age-appropriate version, written in plain-language, at a school assembly to be held at the beginning of each school year;
• each school district and BOCES to provide a plain language summary of the code of conduct to all persons in parental relation to students before the beginning of the school year, and make the summary available thereafter upon request.
7. DUPLICATION:
The proposed amendment does not duplicate existing State or Federal regulations, and is necessary to implement Chapter 482 of the Laws of 2010.
8. ALTERNATIVES:
The proposed amendment is necessary to implement provisions of the Dignity Act by including provisions in the Commissioner's Regulation section 100.2(l), relating to school district and BOCES code of conducts, to ensure compliance with the new Article 2 of the Education Law, as added by the Dignity Act. There are no viable alternatives to be considered.
9. FEDERAL STANDARDS:
There are no related Federal standards.
10. COMPLIANCE SCHEDULE:
The proposed amendment is necessary to conform the Commissioner's Regulations to the Dignity Act and will not impose any additional compliance requirements or costs on school districts, BOCES and charter schools beyond those imposed by the statute. It is anticipated that school districts, BOCES and charter schools will be able to achieve compliance with proposed amendment by its effective date.
Regulatory Flexibility Analysis
Small businesses:
The proposed amendment applies to school districts, boards of cooperative educational services (BOCES) and charter schools and relates to implementation of codes of conduct and disciplinary rules and procedures for the maintenance of public order on school property and at school functions consistent with the Dignity for All Students Act ("Dignity Act" - L. 2010, Ch. 482). The proposed amendment does not impose any adverse economic impact, reporting, record keeping or any other compliance requirements on small businesses. Because it is evident from the nature of the proposed amendment that it does not affect small businesses, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.
Local governments:
1. EFFECT OF RULE:
The proposed amendment applies to each school district, board of cooperative educational services (BOCES) and charter school in the State. At present, there are 695 school districts (including New York City), 37 BOCES and approximately 190 charter schools.
2. COMPLIANCE REQUIREMENTS:
Consistent with Education Law section 2801 and Article 2, as respectively amended and added by Chapter 482 of the Laws of 2010, the proposed amendment requires each school district and BOCES code of conduct to include:
• provisions prohibiting discrimination and harassment against any student by employees or students on school property or at a school function, that creates a hostile environment by conduct, with or without physical contact and/or by verbal threats, intimidation or abuse, of such a severe nature that: (1) has or would have the effect of unreasonably and substantially interfering with a student's educational performance, opportunities or benefits, or mental, emotional and/or physical well-being; or (2) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety. Such conduct shall include, but is not limited to, threats, intimidation or abuse based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender as defined in Education Law section 11(6), or sex;
• provisions for responding to such acts of discrimination or harassment against students by employees or students on school property or at a school function;
• a bill of rights and responsibilities of students which focuses upon positive student behavior and a safe and supportive school climate, which shall be written in plain-language, publicized and explained in an age-appropriate manner to all students on an annual basis; and
• guidelines and programs for in-service education programs for all district staff members to ensure effective implementation of school policy on school conduct and discipline, including but not limited to, guidelines on promoting a safe and supportive school climate while discouraging, among other things, discrimination or harassment against students by students and/or school employees, and including safe and supportive school climate concepts in the curriculum and classroom management.
The proposed amendment further requires:
• each school district to file its code of conduct and any amendments with the Commissioner, in a manner prescribed by the Commissioner, within 30 days after their respective adoptions;
• each school district and BOCES to post the complete code of conduct, and any updates and amendments to the code, on the school's or school district's Internet web site;
• each school district and BOCES to provide all students with copies of a summary of the code of conduct, in an age-appropriate version, written in plain-language, at a school assembly to be held at the beginning of each school year;
• each school district and BOCES to provide a plain language summary of the code of conduct to all persons in parental relation to students before the beginning of the school year, and make the summary available thereafter upon request.
The proposed amendment also requires that charter schools include in their disciplinary rules and procedures pursuant to Education Law section 2851(2)(h) or, if applicable, in its code of conduct, provisions prohibiting discrimination and harassment against any student, by employees or students on school property or at a school function; provisions for responding to acts of discrimination and harassment against students by employees or students on school property or at a school function; and (c) guidelines on promoting a safe and supportive school climate while discouraging, among other things, discrimination or harassment against students by students and/or school employees; and including safe and supportive school climate concepts in the curriculum and classroom management.
3. PROFESSIONAL SERVICES:
The proposed amendment will not impose any additional professional services requirements.
4. COMPLIANCE COSTS:
The proposed amendment is necessary to conform the Commissioner's Regulations with the Dignity Act and will not impose any additional costs beyond those imposed by the statute.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any additional technological requirements on school districts. Economic feasibility is addresses under the Compliance Costs section above.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to conform the Commissioner's Regulations with the Dignity Act and will not impose any additional compliance requirements or beyond those imposed by the statute. Because these statutory requirements apply, it is not possible to exempt them from the proposed amendment's requirements or impose a lesser standard. The proposed amendment has been carefully drafted to meet statutory requirements and Regents policy while minimizing the impact on school districts, BOCES and charter schools. Where possible, the regulations have incorporated existing requirements and eliminated redundant requirements to minimize work at the local level and have emphasized local flexibility in meeting statutory requirements. For example, the proposed amendment replaces a requirement that a plain language summary of the code of conduct be mailed to all persons in parental relation, with a requirement that the summary be provided, thereby providing flexibility to determine how to provide the summaries in an efficient, cost-effective manner. In addition, the Department intends to establish a dedicated email address to receive codes of conduct, and updates and amendments to the codes, to relieve districts of the costs associated with mailing their codes to the Department.
7. LOCAL GOVERNMENT PARTICIPATION:
The proposed amendment was developed in cooperation with the Dignity Act Task Force State Policy Work Group which is comprised of other State agencies, the New York City Department of Education, and several not-for-profit organizations. In addition, comments on the proposed amendment were solicited from school districts through the offices of the district superintendents of each supervisory district in the State, and from charter schools by providing them with copies of the proposed amendment.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed amendment applies to all school districts, boards of cooperative educational services (BOCES) and charter schools in the State, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
Consistent with Education Law section 2801 and Article 2, as respectively amended and added by the Dignity for All Students Act ("Dignity Act" - Chapter 482 of the Laws of 2010, the proposed amendment requires each school district and BOCES code of conduct to include:
• provisions prohibiting discrimination and harassment against any student by employees or students on school property or at a school function, that creates a hostile environment by conduct, with or without physical contact and/or by verbal threats, intimidation or abuse, of such a severe nature that: (1) has or would have the effect of unreasonably and substantially interfering with a student's educational performance, opportunities or benefits, or mental, emotional and/or physical well-being; or (2) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety. Such conduct shall include, but is not limited to, threats, intimidation or abuse based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender as defined in Education Law section 11(6), or sex;
• provisions for responding to such acts of discrimination or harassment against students by employees or students on school property or at a school function;
• a bill of rights and responsibilities of students which focuses upon positive student behavior and a safe and supportive school climate, which shall be written in plain-language, publicized and explained in an age-appropriate manner to all students on an annual basis; and
• guidelines and programs for in-service education programs for all district staff members to ensure effective implementation of school policy on school conduct and discipline, including but not limited to, guidelines on promoting a safe and supportive school climate while discouraging, among other things, discrimination or harassment against students by students and/or school employees, and including safe and supportive school climate concepts in the curriculum and classroom management.
The proposed amendment further requires:
• each school district to file its code of conduct and any amendments with the Commissioner, in a manner prescribed by the Commissioner, within 30 days after their respective adoptions;
• each school district and BOCES to post the complete code of conduct, and any updates and amendments to the code, on the school's or school district's Internet web site;
• each school district and BOCES to provide all students with copies of a summary of the code of conduct, in an age-appropriate version, written in plain-language, at a school assembly to be held at the beginning of each school year;
• each school district and BOCES to provide a plain language summary of the code of conduct to all persons in parental relation to students before the beginning of the school year, and make the summary available thereafter upon request.
The proposed amendment also requires that charter schools include in their disciplinary rules and procedures pursuant to Education Law section 2851(2)(h) or, if applicable, in its code of conduct, provisions prohibiting discrimination and harassment against any student, by employees or students on school property or at a school function; provisions for responding to acts of discrimination and harassment against students by employees or students on school property or at a school function; and (c) guidelines on promoting a safe and supportive school climate while discouraging, among other things, discrimination or harassment against students by students and/or school employees; and including safe and supportive school climate concepts in the curriculum and classroom management.
The proposed amendment will not impose any additional professional services requirements.
3. COSTS:
The proposed amendment is necessary to conform the Commissioner's Regulations with the Dignity Act and will not impose any additional costs beyond those imposed by the statute.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to conform the Commissioner's Regulations with the Dignity Act and will not impose any additional compliance requirements or costs beyond those imposed by the statute. Because these statutory requirements apply, it is not possible to provide exemptions from the proposed amendment's requirements or impose a lesser standard. The proposed amendment has been carefully drafted to meet statutory requirements and Regents policy while minimizing the impact on school districts, BOCES and charter schools. Where possible, the regulations have incorporated existing requirements and eliminated redundant requirements to minimize work at the local level and have emphasized local flexibility in meeting statutory requirements. For example, the proposed amendment replaces a requirement that a plain language summary of the code of conduct be mailed to all persons in parental relation, with a requirement that the summary be provided, thereby providing flexibility to determine how to provide the summaries in an efficient, cost-effective manner. In addition, the Department intends to establish a dedicated email address to receive codes of conduct, and updates and amendments to the codes, to relieve districts of the costs associated with mailing their codes to the Department. The statute which the proposed amendment implements applies throughout the State including rural areas. Therefore, it was not possible to establish different requirements for entities in rural areas, or to provide exemptions from the rule's provisions.
5. RURAL AREA PARTICIPATION:
Comments on the proposed amendment were solicited from the Department's Rural Advisory Committee, whose membership includes school districts located in rural areas. The proposed amendments were developed in cooperation with the Dignity Act Task Force State Policy Work Group which is comprised of other State agencies, the New York City Department of Education, and several not-for-profit organizations.
Job Impact Statement
The proposed amendment applies to school districts, boards of cooperative educational services (BOCES) and charter schools and relates to implementation of codes of conduct and disciplinary rules and procedures for the maintenance of public order on school property and at school functions consistent with the Dignity for All Students Act (L. 2010, Ch. 482). The proposed amendment will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the proposed amendment that it will have a positive impact, or no impact, on jobs or employment opportunities, no further steps were needed to ascertain those facts and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
