List of Legally Required Policies

Policies Required For All School Districts
Prepared by the New York State School Boards Association

Current as of Mar. 10, 2021

NYSSBA # Policy Name Required by: Notes, other requirements
0100 Equal Opportunity 20 USC §1681 (Title IX of the Federal Education Amendments (1972))
42 USC §2000-e; 34 CFR §106.9 (Title VII of Civil Rights Act (1964))		  
0101 Gender Neutral Single-Occupancy Bathrooms Education Law §409-m  
0110.1 Sexual Harassment of Students 20 USC §1681 (Title IX of the Federal Education Amendments (1972))
Education Law §§ 10-18 (DASA)		  
0110.2 Sexual Harassment of Employees 20 USC §1681 (Title IX of the Federal Education Amendments (1972))
42 USC §2000-e; 34 CFR §106.9 (Title VII of Civil Rights Act (1964))
Labor Law §201-g		  
0115
 Student Bullying Prevention and Intervention Education Law §13 (Dignity for All Students Act) Must be posted on district website, if one exists.
1050 Annual District Election and Budget Vote Education Law §2035 (2) Required element: submission of propositions.
1120 School District Records Public Officers Law §87(1)(b) (Freedom of Information Law)  
1900 Title I Parent and Family Engagement 20 USC §6318(a)(2) (No Child Left Behind Act of 2001)
34 CFR Part 200		 Required only for districts with Title I programs.  Must be developed with and agreed to by parents of Title I students in the district.  Policy must be reviewed annually.
1925 Interpreters for Hearing Impaired Parents Education Law §3230(2)
8 NYCRR §100.2(aa)		  
2160 Code of Ethics General Municipal Law §§806-808  
4010 Equivalence in Instructional Staff and Materials 20 USC §6321(c)(2) Required only for districts with Title I programs that have more than one school for the grade span.
4311.1 Display of the Flag Education Law §420  
4321 Programs for Students with Disabilities Under IDEA and Article 89 20 USC §§1412; 1413(a)(1) (IDEA)
8 NYCRR §200.2(b)(1)		  
4321.1 Provision of Special Education Services in the Least Restrictive Environment 8 NYCRR §200.2(b)(4)  
4321.2 Schoolwide Pre-Referral Approaches and Interventions 8 NYCRR §200.2(b)(7)  
4321.5 Confidentiality and Access to IEPs, IESPs and SPs Education Law §4402(7)
8 NYCRR §§200.2(b)(6), (10)		  
4321.6 Availability of Alternative Format Instructional Materials for Students with Disabilities 8 NYCRR §200.2(b)(9)  
4321.7 Districtwide and Statewide Assessments of Students with Disabilities 8 NYCRR §200.2(b)(12), (13) Testing accommodations and universal design principles.
4321.8 Impartial Hearing Officer Appointment and Compensation 8 NYCRR §200.2(b)(8)  
4321.11 Public Report on Revisions to District Policies, Practices and Procedures Upon a Finding of Significant Disproportionality 8 NYCRR §200.2(b)(14)  
4321.13 Preschool Students with Disabilities 20 USC §§1412; 1413(a)(1) (IDEA)
8 NYCRR §200.2(b)(2), (5)		  
4321.14 Special Education Personnel Qualifications and Training 8 NYCRR §200.2(b)(3), (11)  
4526.1 Internet Safety 47 USC §254; 20 USC §6777
(Children’s Internet Protection Act)		  Required only for E-Rate discount.
4533 Safe Mentoring (No NYSSBA sample policy available) Social Services Law §390-e
(allows districts running a formal district-operated 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 has such a program and chooses to conduct such criminal history background checks.
4750 Promotion (Placement) and Retention of Students Education Law §305(47)
8 NYCRR §100.2(ll)		 Annual parent notification and explanation
4772 Graduation Ceremonies Education Law §§3204(4-b); 4402(9) Annual parent notification
4850 Animals in the Schools Education Law §809(4)
(requires a policy on notifying students of opt-out of animal dissection)		  
5100 Student Attendance 8 NYCRR §104.1(i) Policy must be reviewed if annual building level data declines.
5151 Homeless Children 42 USC §§11432(g)(1)(I), (J); 11433(b)  
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 website, if one exists.
5405 Wellness Public Law 108-265, §204
(Child Nutrition Act Reauthorization)		  
5460 Child Abuse in a Domestic Setting Education Law §3209-a  
5500 Student Records 20 USC §1232g (Family Educational
Rights and Privacy Act)
Education Law §2-d(5)(c)		 Federal funds require not having policies contrary to FERPA. NYS requires a policy on student data privacy.
5550 Student Privacy 20 USC §1232h(c) (No Child Left Behind Act of 2001)
34 CFR Part 98		  
5605 Student Voter Registration and Pre-registration Election Law §5-507  
6240 Investments General Municipal Law §39 Policy must be reviewed annually.
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.
6700 Purchasing (includes requirements for (1) preference to instructional materials in alternative formats; and (2) contracting for professional services) General Municipal Law §104-b
Education Law §§1604(29-a); 1709(4-a); 2503(7-a); 2554(7-a)		 Policy must be reviewed annually.
6770 BOCES Personal Property Accountability Education Law §1950(18)
8 NYCRR §170.3(i)		 Required for BOCES only. Policy must be reviewed annually.
8140 Unsafe School Transfer Choice 20 USC §7912(a) (No Child Left Behind Act of 2001)
Education Law §2802(7)(b)
8 NYCRR §120.5(b)		 Required only for districts that can offer a transfer option.
8414.5 Alcohol & Drug Testing of Bus Drivers 49 CFR §382.601  
8505 Unpaid School Meal Charges 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)		  
8635 Information and Data Privacy, Security, Breach and Notification State Technology Law §208
Education Law §2-d
8 NYCRR Part 121

  
9140.1 Staff Complaints and Grievances General Municipal Law, Article 15-c  
9260 Conditional Appointment Education Law §§ 1604(39)(d); 1709(39)(d); 1804(9)(d); 1950(4)(ll); 2503(18)(d); 2554(25)(d)  
9320 Drug-Free Workplace 41 USC §§8101-8106 (Drug-Free Workplace Act) Only for districts receiving direct federal grants.

 

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