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)) |
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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) |
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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 |
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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) |
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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) |
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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) |
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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) |
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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) |
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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:
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.
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.
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)
8. Ed. Law §2801(2)(e), (f)
12. Ed. Law §2801(2)(l), (m)
14. Ed. Law §2801(2)(j)
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Policy must be reviewed annually, and posted on district website, if one exists. |
5405 | Wellness | Public Law 108-265, §204 (Child Nutrition Act Reauthorization) |
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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 |
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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) |
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8635 | Information and Data Privacy, Security, Breach and Notification | State Technology Law §208 Education Law §2-d 8 NYCRR Part 121 |
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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. |