List of Legally Required Policies

POLICIES AND REGULATIONS REQUIRED FOR ADOPTION BY ALL SCHOOL BOARDS AND BOCES
Prepared by the New York State School Boards Association

Current as of Nov 5, 2026

NYSSBA # Policy Name Required by: Notes, other requirements Required for
BOCES too?
0100 Equal Opportunity 42 USC §2000-e
(Title VII of Civil Rights Act (1964))		   Yes (BOCES as employer)
0101 Gender Neutral Single-Occupancy Bathrooms Education Law §409-m   Yes
0110.2 Sexual Harassment in the Workplace Labor Law §201-g   Yes (BOCES as employer)
0111 Sexual Harassment Grievances Under Title IX 20 USC §1681 (Title IX of the Federal Education Amendments (1972))
34 CFR §106.8		 Required for recipients of any federal financial assistance. Must be posted on district/BOCES website, if one exists. Yes
0115 and 0115-R Student Bullying Prevention and Intervention
(Policy and Regulation)		 Education Law §13 (Dignity for All Students Act)
8 NYCRR §100.2(jj)		 Must be posted on district /BOCES website, if one exists. Yes (included in regulations)
1050 Annual District Election and Budget Vote Education Law §2035 (2) Required element: submission of propositions. No (elections not applicable to BOCES)
1120 and 1120-R School District Records
(Policy and Regulation)		 Public Officers Law §87(1)(b), (6) (Freedom of Information Law) Also required: policy to notify employees when responding to a FOIL request for disciplinary records. Yes: (see definition of “agency” in §86(3)
1900 Title I Parent and Family Engagement 20 USC §6318(a)(2) 
34 CFR Part 200		 Required for recipients of federal Title I funds. Must be developed with and agreed to by parents of Title I students in the district. Policy must be reviewed annually. No (BOCES are an “educational service agency” included within LEA under 20 USC §7801, but do not receive Title I funds)
1925 Interpreters for Hearing Impaired Parents Education Law §3230(2)
8 NYCRR §100.2(aa)		   No (local district responsibility)
2160 Code of Ethics General Municipal Law §§806-808   No (BOCES may adopt a code of ethics as “municipalities” under §800(4). Under §807, must post §§800-809)
2245 Ex Officio Student Member of the Board
(Must establish a process; NYSSBA recommends this be a Board policy)		 Education Law §§1702(3); 1709; 1804(12); 1901(2); 1950(2-c); 2109; 2502(10); 2552; 2553(1-a), (11) Not required for Common School Districts or Union Free School Districts that do not operate a high school Yes
4010 Equivalence in Instructional Staff and Materials 20 USC §6321(c)(2) Required for recipients of federal Title I funds with more than one school for the grade span. No (BOCES are an “educational service agency” included within LEA under 20 USC §7801, but do not receive Title I funds)
4311.1 and 4311.1-R Display of the Flag
(Policy and Regulation)		 Education Law §420   Likely (BOCES not specifically included, but flag rules generally observed; policy is recommended)
4321 Programs for Students with Disabilities Under IDEA and Article 89 20 USC §§1412; 1413(a)(1) (IDEA)
8 NYCRR §200.2(b)(1)		   No (BOCES are an “educational service agency” included within LEA under 20 USC §1401, but do not receive IDEA funds)
4321.1 Provision of Special Education Services in the Least Restrictive Environment 8 NYCRR §200.2(b)(4)   No (BOCES are an “educational service agency” included within LEA under 20 USC §1401, but do not receive IDEA funds)
4321.2 Schoolwide Pre-Referral Approaches and Interventions 8 NYCRR §200.2(b)(7)   No (local district responsibility)
4321.5 Confidentiality and Access to IEPs, IESPs and SPs Education Law §4402(7)
8 NYCRR §§200.2(b)(6), (10)		   No (local district responsibility)
4321.6 Availability of Alternative Format Instructional Materials for Students with Disabilities 8 NYCRR §200.2(b)(9)   No (local district responsibility)
4321.7 Districtwide and Statewide Assessments of Students with Disabilities 8 NYCRR §200.2(b)(12), (13) Testing accommodations and universal design principles. No (local district responsibility)
4321.8 Impartial Hearing Officer Appointment and Compensation 8 NYCRR §200.2(b)(8)   No (local district responsibility)
4321.11 Public Report on Revisions to District Policies, Practices and Procedures Upon a Finding of Significant Disproportionality 8 NYCRR §200.2(b)(14)   No (local district responsibility)
4321.12 and 4321.12-R

Timeout and Physical Restraint (All Students) (Policy and Regulation)

 Education Law §4402(9)
8 NYCRR §19.5		 Applies to all students, not just those with disabilities. Must be posted on district/BOCES website (if one exists) and available at district/BOCES and school offices. Yes
4321.13 Preschool Students with Disabilities 20 USC §§1412; 1413(a)(1) (IDEA)
8 NYCRR §200.2(b)(2), (5)		   No (BOCES are an “educational service agency” included within LEA under 20 USC §1401, but do not receive IDEA funds)
4321.14 Special Education Personnel Qualifications and Training 8 NYCRR §200.2(b)(3), (11)   No (local district responsibility)
4526.1 and 4526.1-R Internet Safety
(Policy and Regulation)		 47 USC §254; 20 USC §7131
(Children’s Internet Protection Act)		 Required only if receiving the E-Rate discount. Yes (BOCES as “educational service agency” included within LEA under 20 USC §7801)
4533 Safe Mentoring (No NYSSBA sample policy available) Social Services Law §390-e
(allows districts/BOCES operating a formal mentoring program – i.e., matching adult mentors one-to-one with children – to perform criminal history background checks of prospective employees and/or volunteer adult mentors)		 Required only if the district /BOCES has such a program and chooses to conduct such criminal history background checks. Yes (BOCES as “educational institution”)
4750 Promotion (Placement) and Retention of Students Education Law §305(47)
8 NYCRR §100.2(ll)		 Annual parent notification and explanation. Policy must be posted on district website, if one exists. No
4772 and 4772-R Graduation Ceremonies
(Policy and Regulation)		 Education Law §§3204(4-b) Annual parent notification No
4850 Animals in the Schools Education Law §809(4)
(requires a policy on notifying students of opt-out of animal dissection)		   No (Notice given by local district)
5100 Student Attendance 8 NYCRR §104.1(i) Policy must be reviewed if annual building level data declines. Yes
5151 and 5151-R Students in Temporary Housing
(Policy and Regulation)		 42 USC §§11432(e)(3), (g)(1)(I), (J); 11433(b)   Yes (BOCES as “educational service agency” included within LEA under 20 USC §7801)
5300 Code of Conduct

Required elements:


1. Student rights and responsibilities.

2. Roles of teachers, administrators, other school personnel, school board and parents.

3. Acceptable and unacceptable conduct, dress and language on school property and school functions for students, school personnel, and visitors.


4. Provisions for removal from classroom, school property and school functions for violations of the Code of Conduct.

5. Complying with the Dignity for All Students Act (prohibiting certain forms of discrimination and harassment, and responding to such acts)

6.  Procedures to assure the security and safety of students and staff.

7. Reporting crimes to local law enforcement agencies.

8. Disciplinary measures, detention, suspension, and classroom removal.

9. Discipline of students with disabilities.

10. Parental notification of student violations of the Code of Conduct.

11. Referral to human services.


12. Minimum suspension periods for violent and disruptive students.

13. Staff in-service programs.

14. Referral to criminal justice systems, or juvenile delinquent or PINS petition.

15. Disciplinary measures to be taken when students possess illegal substances or weapons, or use physical force, vandalize, violate another student’s civil rights, harass or make threats of violence.		 Education Law §2801
8 NYCRR §100.2(l)(2)

Specific citations:

1. 8 NYCRR §100.2(l)(2)(ii)(q)


2. Ed. Law §2801(2)(a)
8 NYCRR §100.2(l) (2)(ii)(a)



3. Ed. Law §2801(2)(a)
8 NYCRR §100.2(l)(2)(ii)(a), (d)





4. Ed. Law §2801(2)(c)
8 NYCRR §100.2(l)(2)(ii)(d)



5. Ed. Law §2801(2)(n)
Ed. Law Article 2, §§10-18
8 NYCRR §100.2(l)(2)(ii)(b), (g)



6.  Ed. Law §2801(2)(b)
8 NYCRR §100.2(l)(2)(ii)(c)


7. Ed. Law §2801(2)(h)
8 NYCRR §100.2(l)(2)(ii)(k)

8. Ed. Law §2801(2)(e), (f)
8 NYCRR §100.2(l)(2)(ii)(e), (h), (i)


9. 8 NYCRR §100.2(l)(2)(ii)(j)


10. Ed. Law §2801(2)(i)
8 NYCRR §100.2(l)(2)(ii)(l)


11. Ed. Law §2801(2)(k)
8 NYCRR §100.2(l)(2)(ii)(n)

12. Ed. Law §2801(2)(l), (m)
8 NYCRR §100.2(l)(2)(ii)(o), (p)


13. 8 NYCRR §100.2(l)(2)(ii)(r)

14. Ed. Law §2801(2)(j)
8 NYCRR §100.2(l)(2)(ii)(m)


15.  Ed. Law §2801(2)(d)
8 NYCRR §100.2(l)(2)(ii)(f)

 Policy must be reviewed annually, and posted on district/BOCES website, if one exists. Yes
5405 Wellness Public Law 108-265, §204
(Child Nutrition Act Reauthorization)
7 CFR §210.31		 Required only if participating in federal meal programs Yes (BOCES as LEA under 7 CFR §210.2)
5460 and 5460-R Child Abuse in a Domestic Setting
(Policy and Regulation)		 Education Law §3209-a Policy on mandatory reporting requirements. No (However, employers of mandated reporters must provide written info on reporting)
5500 and 5500-R Student Records
(Policy and Regulation)		 20 USC §1232g (Family Educational Rights and Privacy Act)
34 CFR §§99.7; 99.35
Education Law §2-d(5)(c)		 Required for recipients of federal education fund Yes (BOCES as “educational agency”)
5550 Student Privacy Under the Protection of Pupil Rights Amendment (PPRA) 20 USC §1232h(c)
34 CFR Part 98		 Required for recipients of federal education funds. No (coordinate with local districts if covered surveys are administered)
5605 Student Voter Registration and Pre-registration Election Law §5-507   Yes
5695 Students and Personal Electronic Devices Education Law §2803 Policy must address the use of certain “internet enabled devices” Yes
5710 School Safety and Educational Climate (SSEC) Reporting 8 NYCRR §100.2(gg)(5)   Yes
6240 and 6240-R Investments
(Policy and Regulation)		 General Municipal Law §39 Policy must be reviewed annually. Yes
6685 Medicaid Compliance (as part of a plan to detect fraud, waste and abuse in Medicaid claims) Social Services Law §363-d
18 NYCRR Part 521		 Required for districts with $500,000+ annual Medicaid claims. No (local district responsibility)
6700 and 6700-R Purchasing
(Policy and Regulation)		 General Municipal Law §104-b
Education Law §§1604(29-a); 1709(4-a); 2503(7-a); 2554(7-a)		 Policy must be reviewed annually. Yes (BOCES as “political subdivisions” under GML §100)
6710 Purchasing Authority (naming the individuals responsible for purchasing) General Municipal Law §104-b Policy must be updated biennially (every other year) Yes
6741 Contracting for Professional Services General Municipal Law §104-b Could be included within general purchasing policy Yes (BOCES as “political subdivisions” under GML §100)
6770 BOCES Personal Property Accountability Education Law §1950(18)
8 NYCRR §170.3(i)		 Required for BOCES only. Policy must be reviewed annually. Yes
8113 Extreme Heat Condition Days Education Law §409-n   Yes
8130.2 Workplace Violence Prevention Labor Law §27-b
12 NYCRR §800.6(e)		 Required only if there are 20 or more full-time permanent employees. Yes
8140 Unsafe School Transfer Choice 20 USC §7912(a) 
Education Law §2802(7)
8 NYCRR §120.3		 Required only for districts/BOCES that can offer a transfer. Yes (BOCES are an “educational service agency” included within LEA under 20 USC §7801, and are included in §2802(7))
8414.5 and 8414.5-R Alcohol & Drug Testing of Bus Drivers
(Policy and Regulation)		 49 CFR §382.601 Required if the district/BOCES employs persons subject to testing Yes
8505 "Charging" Meals and Other Food Items Healthy, Hunger-Free Kids Act, Public Law 111-296, Sec. 143
USDA Memo, SP 46-2016: Unpaid Meal Charges: Local Meal Charge Policies (07/08/2016)		 Not required if all schools in the district/BOCES serve meals free to all students Yes (BOCES are an “educational service agency” included within LEA under 20 USC §7801)
8635 and 8635-R Information and Data Privacy, Security, Breach and Notification
(Policy and Regulation)		 State Technology Law §208
Education Law §2-d
8 NYCRR Part 121

 Policy must be posted on district/BOCES website, if one exists. Must provide notice to all officers and employees. Yes (§2-d(5)(c) and 8 NYCRR §121.5 includes BOCES. STT §208 does not define “municipalities or other local agencies,” but recommended)
9140.1 and 9140.1-R Staff Complaints and Grievances
(Policy and Regulation)		 General Municipal Law, Article 15-c   Yes (BOCES as employer)
9260 Conditional Appointment Education Law §§ 1604(39)(d); 1709(39)(d); 1804(9)(d); 1950(4)(ll); 2503(18)(d); 2554(25)(d)   Yes
9320 Drug-Free Workplace 41 USC §§8101-8106 (Drug-Free Workplace Act) Required for recipients of direct federal grants. Yes
9520.6 Policy on the Rights of Employees to Express Breast Milk in the Workplace Labor Law §206-c NYS Department of Labor model policy must be provided to all staff upon hire, annually, and when returning from work after the birth of a child. Yes (BOCES as employer)

 

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