List of Legally Required Policies

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

Current as of April 2, 2018

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))
0110	Sexual Harassment	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))
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), (11)
4321.6	Availability of Alternative Format Instructional Materials for Students with Disabilities	8 NYCRR §200.2(b)(10)
4321.7	Districtwide and Statewide Assessments of Students with Disabilities	8 NYCRR §200.2(b)(13), (14)	Testing accommodations and universal design principles.
4321.8	Impartial Hearing Officer Appointment and Compensation	8 NYCRR §§200.2(b)(9)
4321.9	Declassification of Students with Disabilities	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)(15)
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), (12)
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
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 Security Breach and Notification	State Technology Law §208
9140.1	Staff Complaints and Grievances	42 USC §12111-12117; 12210 (Americans with Disabilities Act) General Municipal Law, Article 15-c 20 USC Chapter 38; 45 CFR Part 86 (Title IX, Education Amendments of 1972) 29 USC §794 (Rehabilitation Act of 1973, §504)
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.