Reform School Discipline Rules

Section 1. Section 2801 of the education law, as added by chapter 181 of the laws of 2000, subdivision 1 as amended by chapter 402 of the laws of 2005, the opening paragraph, paragraph a and paragraph c of subdivision 2 and paragraph a of subdivision 5 as amended by chapter 380 of the laws of 2001, paragraphs l and m as amended and paragraph n of subdivision 2 as added by chapter 482 of the laws of 2010, and subdivision 3 as amended by chapter 123 of the laws of 2003, is amended to read as follows:

§ 2801. [Codes] School climate and codes of conduct on school property. 1. a. The board of education or board of trustees of every school district or the chancellor of the city school district in the case of the city school district of the city of New York, and every board of cooperative educational services and charter school shall promote and sustain a safe, inclusive, civil, and respectful school environment for school personnel, students, and visitors on school property and at school functions through prevention, intervention, and discipline that supports education and learning; promotes positive behaviors; reduces the disparate impact of discipline; holds students accountable for their behavior; and keeps students in school and class.

b. (1) Every school shall establish prevention programs and services that may include school-based initiatives and individual interventions

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07973-03-7

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that promote a safe and secure environment for all persons on school property or at school functions, and restorative practices designed to promote social and emotional learning, resolve student behavioral issues, and keep students in school and in class.

(2) Every school shall use interventions and supports that assist students in developing social and emotional competencies such as selfmanagement, self-awareness, responsible decision-making, conflict resolution, and refocusing on learning.

(3) Every school shall have, and support teachers in maintaining, classrooms and classroom practices that support each student's opportunity to obtain an education, that develop each student's social-emotional skills, and that are healthy, safe, and inclusive.

(4) Every school shall ensure pre-service and annual training in accordance with this section for all school personnel, law enforcement and public or private security personnel employed, retained or contracted with a school district or charter school regarding the code of conduct, and the use of interventions, positive school climate practices, graduated and proportionate discipline, and disparities that exist in discipline.

(5) Every school shall define the roles and areas of responsibility of school personnel, security personnel and law enforcement in response to student misconduct that violates the code of conduct. A school district or charter school that employs, contracts with, or otherwise retains law enforcement or public or private security personnel, including school resource officers, shall establish a written contract or memorandum of understanding that is developed with stakeholder input including but not limited to: parents, students, school administrators, teachers, collective bargaining units, parent and student organizations, community members, as well as probation officers, prosecutors, defense counsels and courts that are familiar with school discipline. Such written contract or memorandum of understanding shall define the relationship between a school district or charter school, school personnel, students, visitors, law enforcement, and public or private security personnel. Such contract or memorandum of understanding shall be consistent with the code of conduct, limit law enforcement or security personnel's involvement when a student's behavior does not threaten the safety of the school, define which behaviors should not result in an arrest or summons, require law enforcement or security personnel to receive training as required by subparagraph four of this subdivision, and clearly delegate the role of school discipline to the school administration. Such written contract or memorandum of understanding shall be incorporated into and published as part of the code of conduct.

c. Every school shall use graduated and proportionate discipline, which shall mean a disciplinary approach that requires school personnel to use the least severe action necessary to respond to inappropriate behavior and requires the use of appropriate prevention programs and interventions prior to and in conjunction with the use of any discipline that prevents students from receiving their in-classroom education. Discipline such as removals, suspensions and expulsions that prevent students from receiving their in-classroom education shall be used as a discipline of last resort and may only be imposed as provided in this section and section thirty-two hundred fourteen of this chapter.

d. (1) Restorative approaches to school climate and discipline include the use of restorative practices in classrooms and schools to proactively build a school community based upon cooperation, mutual understanding, acceptance of responsibility, trust and respect. Restorative prac-

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tices may address misbehavior and harm in a way that strengthens relationships between school staff and students and among students and addresses the root causes of discipline problems.

(2) Restorative discipline allows students who may have violated the code of conduct to take full responsibility for their behavior by addressing any individuals affected by the behavior. The purpose of such discipline is to help students understand why a specific behavior is wrong and to help them choose a better behavior in the future. Restorative practices and discipline may include class meetings, facilitated circles, conferences, peer mediation and other restorative interventions that can effectively address student misconduct, hold students accountable for their behavior, repair harm to persons and property caused by misconduct and foster healthy relationships within the school community. Consistent with this section and section thirty-two hundred fourteen of this chapter, school personnel may use restorative discipline to respond to student behavior.

(3) No student shall be required to participate in a restorative practice without their consent. In addition, in the case of an incident where a student has been physically injured, no student shall be required to participate in restorative practices if their parent or person in parental relation affirmatively objects upon notice. If a student chooses not to participate in a restorative practice, the school may use other approaches to respond to a code of conduct violation.

2. For purposes of this section, school property [means in or within] shall mean real, personal or other property owned, leased or occupied by a public school including a charter school. Such property shall include but not be limited to any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school; or in or on a school bus, as defined in section one hundred forty-two of the vehicle and traffic law; or electronic files and databases and a school function shall mean a school-sponsored or school-authorized extra-curricular event or activity regardless of where or when such event or activity takes place, including any event or activity that may take place in another state.

[2.] 3. The board of education or [the trustees] board of trustees of every school district or the chancellor of the city school district in the case of the city school district of the city of New York, [as defined in section two of this chapter, of every school district within the state, however created,] and every board of cooperative educational services and [county vocational extension board] charter school, shall adopt and amend, as appropriate, a code of conduct [for the maintenance of order on school property, including a school function, which shall govern the conduct of students, teachers and other school personnel as well as visitors] which shall govern the conduct of students, school employees and visitors in order to promote a safe, respectful and supportive learning and teaching environment on school property and at school functions and shall provide for the enforcement thereof. [Such policy may be adopted by the school board or trustees only after at least one public hearing that provides for the participation of school personnel, parents, students and any other interested parties.] Such code of conduct shall apply to all students, school employees, school board members, independent contractors and visitors and shall include, at a minimum provisions that:

a. [provisions regarding conduct, dress and language deemed appropriate and acceptable on school property, including a school function, and

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conduct, dress and language deemed unacceptable and inappropriate on school property, including a school function, and provisions regarding acceptable civil and respectful treatment of teachers, school administrators, other school personnel, students and visitors on school property, including a school function, 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. standards and procedures to assure security and safety of students and school personnel;

c. provisions for the removal from the classroom and from school property, including a school function, of students and other persons who violate the code;

d. disciplinary measures to be taken in incidents involving the possession or use of illegal substances or weapons, the use of physical force, vandalism, violation of another student's civil rights and threats of violence;

e. provisions for detention, suspension and removal from the classroom of students, consistent with section thirty-two hundred fourteen of this chapter 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;

f. procedures by which violations are reported, determined, discipline measures imposed and discipline measures carried out;

g. provisions ensuring] establish standards and procedures to assure security and safety of students and school personnel;

b. require age-appropriate, graduated and proportionate interventions and discipline, including restorative discipline, that respond to student misconduct, hold students accountable for their behavior and maximize the ability of students to attend class and school;

c. set out clear expectations for student conduct at school and school functions, using specific and objective criteria, and define violations of the code of conduct;

d. establish the range of graduated and proportionate interventions and consequences including restorative discipline for student behaviors that violate the code of conduct; provided that removal of a student from class or classes, school property or school functions, including classroom removal or suspension, for a specific period of time shall not be used to respond to tardiness, unexcused absence from class or school, leaving school without permission, violation of school dress code, and lack of identification upon request of school personnel. The range of graduated and proportionate interventions for initial or repeated acts of willful disobedience shall not include suspension. "Willful disobedience" shall mean disruptive, insubordinate, or rowdy behavior, including behaviors such as the use of foul or inappropriate language, gestures, comments, or refusal to follow directions;

e. where available, require the consideration of the use of restorative practices and discipline in response to violations of the code of conduct;

f. establish procedures by which violations of the code of conduct are reported to the appropriate school personnel, the facts are investigated and determined, and intervention and discipline measures, including restorative discipline, are decided and implemented. Such provisions shall ensure that procedures established are consistent with this

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section, section thirty-two hundred fourteen of this chapter, and other federal and state law;

g. establish procedures for removal from the classroom, school property or a school function, of students who violate the code of conduct, including procedures by which a school may respond immediately to student behavior that (i) physically injures or poses an immediate threat of physical injury to the student or other person or persons; or (ii) damages property and such damage injures or poses an immediate threat of serious physical injury to the student or other person or persons, consistent with section thirty-two hundred fourteen of this chapter and other federal and state laws;