New York School Climate Policy

There are 731 school districts in New York and 4,411 public schools.

There are 731 school districts in New York and 4,411 public schools. In the 2020-2021 school year, there were 2,598,921 students enrolled in K-12 public schools. About 53% of students in New York are eligible for free or reduced-price lunches.

New York has a state policy that directly addresses school climate where parents, staff, and students are surveyed every year. Policies regarding bullying prevention, emergency planning, prohibition of weapons, suicide prevention, anti-discrimination, and school conduct are all present in New York state.

New York has one policy that states that schools may provide internet safety and use education to K-12 students. There is also a policy detailing the process of restructuring and takeover of failing and persistently failing schools.

 

8 New York Codes, Rules and Regulations 100.21 ESSA accountability system.

Annual surveys of parents, staff, and students that encourage stakeholder participation to provide schools with feedback on each of the following areas: schoolwide systems, organization and climate, school leadership, curriculum and instruction, social-emotional developmental health, and family engagement to provide data to support the development and amendments of the school comprehensive education plan. 

https://regulations.justia.com/states/new-york/title-8/chapter-ii/subchapter-e/part-100/s-100-21/


Who does this protect? Staff, Students, Community, parents and minorities

Does this policy include ways for families to be involved? Yes

8 New York Codes, Rules and Regulations 100.2 General school requirements.

  • Provisions prohibiting harassment, bullying, and/or discrimination against any student, by employees or students that creates a hostile school environment by conduct or by threats, intimidation, or abuse, including cyberbullying. Cyberbullying is addressed on and off school. 
  • Incorporate a progressive model of student discipline that includes measured, balanced and age-appropriate remedies and procedures that make appropriate use of prevention, education, intervention, and discipline, and consider among other things, the nature and severity of the offending student’s behavior(s), the developmental age of the student, the previous disciplinary record of the student and other extenuating circumstances, and the impact the student’s behaviors had on the individual(s) who was physically injured and/or emotionally harmed. Responses shall be reasonably calculated
    • To end harassment, bullying, and/or discrimination, prevent a recurrence, and eliminate the hostile environment. This progressive model of student discipline shall be consistent with the other provisions of the code of conduct.

    http://www.nysed.gov/curriculum-instruction/1002-general-school-requirements

    New York Consolidated Laws 13. Policies and guidelines

    • Those in charge need to create policies, procedures, and guidelines for the prevention of bullying, harassment, discrimination, and intimidation such as;
      • enable students and parents to make an oral or written report.
      • identifying an individual that will receive reports of bullying, harassment, intimidation, etc.
      • require employees who witness or receive a written report about harassment, intimidation, bullying, and discrimination to go to the individual who should receive such reports
      • a thorough investigation of the report received and if anything is revealed prompt action should be taken
    • Guidelines relating to the development of nondiscriminatory
      instructional and counseling methods, and requiring that at least one
      a staff member at every school be thoroughly trained to handle human
      relations in the areas of race, color, weight, national origin, ethnic
      group, religion, religious practice, disability, sexual orientation,
      gender, and sex; and
    • Training required to address strategies for effectively
      addressing problems of exclusion, bias, and aggression in educational
      settings

      • require each school, at least once during each school year, to provide all school employees, students, and parents with a written or electronic copy of the school district’s policies created according to this section, or a plain-language summary thereof, including notification of the process by which students, parents, and school employees may report harassment, bullying, and discrimination

      https://www.nysenate.gov/legislation/laws/EDN/13

      New York Education Law §11. Definitions. Provides definitions of the terms school property, school function, disability, employee, sexual orientation, gender, harassment and bullying, cyberbullying, race, and protective hairstyles

      https://www.nysenate.gov/legislation/laws/EDN/11

      New York Consolidated Laws 14. Commissioner’s responsibilities. Provide guidance and educational materials to school districts related to best practices in addressing cyberbullying and helping families and communities work cooperatively with schools in addressing cyberbullying, whether on or off school property or at or away from a school function.

      https://codes.findlaw.com/ny/education-law/edn-sect-14.html

      New York Consolidated Laws 12. Discrimination and harassment are prohibited. No student shall be subjected to harassment or bullying by employees or students on school property or at a school function; nor shall any student be subjected to discrimination based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex by school employees or students on school property or at a school function

      https://www.nysenate.gov/legislation/laws/EDN/12#:~:text=No%20student%20shall%20be%20subjected,%2C%20religious%20practice%2C%20disability%2C%20sexual


Who does this protect? Students, Employees

Does this policy include ways for families to be involved? No

New York Consolidated Laws 265.06. Unlawful possession of a weapon upon school grounds.

Students shouldn’t possess any air gun, spring gun, or other instrument or weapon in which the propelling force is a spring, air, piston, or CO2 cartridge in or upon a building or grounds.

https://www.nysenate.gov/legislation/laws/PEN/265.06#:~:text=It%20shall%20be%20unlawful%20for,college%20or%20university%2C%20without%20the

New York Consolidated Laws 2801-a. School safety plans.

Adopt and amend a comprehensive district-wide school safety plan and building-level emergency response plans regarding crisis intervention, emergency response, and management, and school building security, including where appropriate the use of school safety officers and/or security devices or procedures.

https://www.nysenate.gov/legislation/laws/EDN/2801-A

 New York Education Law § 807 Fire and Emergency Drills.

  • Duty principal or another individual in charge to instruct and train pupils through drills, so that they may in a sudden emergency be able to respond appropriately in the shortest possible time and without confusion or panic. Such drills shall be held at least twelve times in each school year.
    • Eight evacuation drills per year
    • Four lockdown drills per year

https://www.nysenate.gov/legislation/laws/EDN/807

 N.Y. Penal Law § 265.01-a

  • School security personnel are not explicitly authorized in state statute or regulation to possess weapons in schools
  • A person may possess a weapon on school grounds when he or she has the written authorization of the such educational institution

https://www.nysenate.gov/legislation/laws/PEN/265.01-A


Who does this protect? Students, School Staff

Does this policy include ways for families to be involved? Yes

New York Consolidated Laws 801-a. Instruction in civility citizenship and character education.

The course of instruction in grades kindergarten through twelve includes a component on civility, citizenship, and character education. Such component shall instruct students on the principles of honesty, tolerance, personal responsibility, and respect for others, with an emphasis on discouraging acts of harassment, bullying, discrimination, observance of laws and rules, courtesy, dignity, and other traits which will enhance the quality of their experiences in, and contributions to, the community.

https://www.nysenate.gov/legislation/laws/EDN/801-A

8 New York Codes, Rules and Regulations 100.2 General school requirements. A policy on school conduct and discipline will be written in consultation with teachers, administrators, other school service professionals, students, and parents.

  • A bill of rights and responsibilities of students which focuses upon positive student behavior, and which shall be publicized and explained to all students on an annual basis.
  • For students identified as having a disability, such policy shall include procedures for determining when a student’s conduct shall constitute a reason for referral to the committee on special education for review and modification if appropriate of the student’s individualized education program;

http://www.nysed.gov/curriculum-instruction/1002-general-school-requirements

 New York Consolidated Laws 14. Commissioner’s responsibilities.

https://codes.findlaw.com/ny/education-law/edn-sect-14.html

8 New York Codes, Rules and Regulations 100.19 Takeover and restructuring of failing and persistently failing schools. The intervention plan by the independent receiver should include;

  • strategies to address the tenets of the diagnostic tool for school and district effectiveness
  • strategies to address social service, health, and mental health needs of students in the school and their families to help students arrive and remain at school ready to learn; provided that this may include mental health and substance abuse screening
  • strategies to improve or expand access to child welfare services and, as appropriate, services in the school community to promote a safe and secure learning environment

https://regulations.justia.com/states/new-york/title-8/chapter-ii/subchapter-e/part-100/s-100-19/

Suicide Policy

  • 8 New York Codes, Rules, and Regulations 155.17 School safety plans. The district-wide school safety plans will include policies and procedures for suicide. The individual’s parents or guardians will be contacted as well. 

https://govt.westlaw.com/nycrr/Document/I36630acec22211ddb29d8bee567fca9f?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)&bhcp=1


Who does this protect? Students, Staff

Does this policy include ways for families to be involved? Yes

Teaching/Learning

8 New York Codes, Rules and Regulations 100.19 Takeover and restructuring of failing and persistently failing schools. The intervention plan by the independent receiver should include;

  • Strategies to provide greater access to career and technical education and workforce development services provided to students in the school and their families to provide students and families with meaningful employment skills and opportunities
  • Strategies to address achievement gaps for English language learners, students with disabilities, and economically disadvantaged students
  • Strategies to address school climate and positive behavior support, including mentoring and other youth development programs
  • Strategies to provide professional development and other support to the staff of the school to ensure that they can successfully implement the school intervention plan and sustain the components of the plan after the period of the school receivership has ended

https://regulations.justia.com/states/new-york/title-8/chapter-ii/subchapter-e/part-100/s-100-19/

8 New York Codes, Rules and Regulations 100.2 General school requirements.

  • School Conduct and Discipline
    • For students identified as having a disability, such policy shall include procedures for determining when a student’s conduct shall constitute a reason for referral to the committee on special education for review and modification if appropriate of the student’s individualized education program:
      • Alternative educational programs appropriate to individual student needs
      • Students with disabilities
        • Have access to the full range of programs and services outlined in this Part to the extent that such programs and services are appropriate to such student’s special educational needs.
      • Availability of speech and language improvement services
        • A student whose speech impairment adversely affects the student’s educational performance shall be referred to the committee on special education for further evaluation and review of the need for special services and program

      http://www.nysed.gov/curriculum-instruction/1002-general-school-requirements


Who does this protect? Students

Does this policy include ways for families to be involved? Yes

8 New York Codes, Rules and Regulations 100.6 High school exiting credentials.

Work-based learning experiences such as job shadowing, community service, volunteering, service learning, senior project(s), and/or school-based enterprise(s). 

https://govt.westlaw.com/nycrr/Document/I3652b71bc22211ddb29d8bee567fca9f?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=%28sc.Default%29

8 New York Codes, Rules and Regulations 158.2 Definitions. Education and community renewal programs promote the involvement of individuals and organizations in the community, and the use of community resources, in a cooperative effort to improve the quality of educational services provided to school-age students or adults in the public schools

https://govt.westlaw.com/nycrr/Document/I09a35a89c22211dda1bb852bdc84e3be?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=%28sc.Default%29&bhcp=1


Who does this protect? Students from grades 9-12, community

Does this policy include ways for families to be involved? No

Interpersonal relationships

New York Consolidated Laws 14. Commissioner’s responsibilities.

The commissioner shall prescribe regulations that school professionals applying for a certificate or license, including but not limited to a certificate or license have completed training on the social patterns of harassment, bullying, and discrimination, as defined in section eleven of this article, including but not limited to those acts based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex, the identification and mitigation of harassment, bullying and discrimination, and strategies for effectively addressing problems of exclusion, bias, and aggression in educational settings.

https://codes.findlaw.com/ny/education-law/edn-sect-14.html

 New York Consolidated Laws 12. Discrimination and harassment are prohibited. No student shall be subjected to harassment or bullying by employees or students on school property or at a school function; nor shall any student be subjected to discrimination based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex by school employees or students on school property or at a school function.

https://www.nysenate.gov/legislation/laws/EDN/12#:~:text=No%20student%20shall%20be%20subjected,%2C%20religious%20practice%2C%20disability%2C%20sexual


Who does this protect? Students

Does this policy include ways for families to be involved? No

New York Consolidated Laws 2801-a. School safety plans. School safety training include components on violence prevention and mental health, such training may be implemented and conducted in conjunction with existing professional development and training

https://www.nysenate.gov/legislation/laws/EDN/2801-A

8 New York Codes, Rules and Regulations 100.2 General school requirements. 

  • Dignity Act school employee training programs to promote a positive school environment that is free from harassment, bullying and/or discrimination; and to discourage and respond to incidents of harassment, bullying, and/or discrimination on school property or at a school function, or off school property
    • Development of nondiscriminatory instructional and counseling methods, and providing employees with training to raise awareness and sensitivity to potential acts of harassment, bullying, and/or discrimination on school property, at a school function, or off school property based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex. 
    • Professional Learning in cultural competency .

    http://www.nysed.gov/curriculum-instruction/1002-general-school-requirements#SWD

    New York Consolidated Laws 14. Commissioner’s responsibilities.

    https://codes.findlaw.com/ny/education-law/edn-sect-14.html


Who does this protect? Staff, Students

Does this policy include ways for families to be involved? No

8 New York Codes, Rules and Regulations 100.19 Takeover and restructuring of failing and persistently failing schools. Intervention plan by the independent receiver should include;

  • Strategies to address the tenets of the diagnostic tool for school and district effectiveness.
  • Strategies to address social service, health and mental health needs of students in the school and their families in order to help students arrive and remain at school ready to learn; provided that this may include mental health and substance abuse screening.
  • Strategies to improve or expand access to child welfare services and, as appropriate, services in the school community to promote a safe and secure learning environment.

https://regulations.justia.com/states/new-york/title-8/chapter-ii/subchapter-e/part-100/s-100-19/

8 New York Codes, Rules and Regulations 100.2 General school requirements.


Who does this protect? Students

Does this policy include ways for families to be involved? No

Institutional Environment

8 New York Codes, Rules and Regulations 100.13 Contract for excellence.

Parents will be a part of English Language Learner programs for students with limited English proficiency.

  • Materials shared for communication purposes shall be in both English and languages spoken within the community.
  • Power-sharing relationships between parents and school officials will be encouraged.

https://govt.westlaw.com/nycrr/Document/I36530535c22211ddb29d8bee567fca9f?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=%28sc.Default%29

8 New York Codes, Rules and Regulations 154-2.3 School district responsibilities.

School districts shall individually meet with the parents or persons in parental relation of English language learners at least once a year, in addition to parent-teacher conferences, quarterly progress meetings or other such scheduled meetings provided for parents or persons in parental relation of all students

https://govt.westlaw.com/nycrr/Document/I391eb508551711e49acc0000845b8d3e?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=%28sc.Default%29&bhcp=1

8 New York Codes, Rules and Regulations 100.11 Participation of parents and teachers in school-based planning and shared decision making.

https://govt.westlaw.com/nycrr/Document/I3652de2cc22211ddb29d8bee567fca9f?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=%28sc.Default%29

 


Who does this protect? Students

Does this policy include ways for families to be involved? Yes

New York Consolidated Laws 265.06. Unlawful possession of a weapon upon school grounds.

Students shouldn’t possess any air gun, spring gun, or other instrument or weapon in which the propelling force is a spring, air, piston, or CO2 cartridge in or upon a building or grounds.

https://www.nysenate.gov/legislation/laws/PEN/265.06#:~:text=It%20shall%20be%20unlawful%20for,college%20or%20university%2C%20without%20the

New York Consolidated Laws 2801-a. School safety plans.

Adopt and amend a comprehensive district-wide school safety plan and building-level emergency response plans regarding crisis intervention, emergency response and management, and school building security, including where appropriate the use of school safety officers and/or security devices or procedures.

https://www.nysenate.gov/legislation/laws/EDN/2801-A

N.Y. Penal Law § 265.01-a

  • School security personnel are not explicitly authorized in state statute or regulation to possess weapons in schools.
    • A person may possess a weapon on school grounds when he or she has the written authorization of such an educational institution.

    https://www.nysenate.gov/legislation/laws/PEN/265.01-A


Who does this protect? Students and Staff

Does this policy include ways for families to be involved? Yes

8 New York Codes, Rules and Regulations 100.2 General school requirements.

Nondiscrimination in curricular and extracurricular activities. No student shall be denied membership or participation, based on race, sex, marital status, color, religion, national origin, or disability, in any program or activity which is included in a school program of curricular or extracurricular activities.

http://www.nysed.gov/curriculum-instruction/1002-general-school-requirements


Who does this protect? Students

Does this policy include ways for families to be involved? No

Social media

New York Education Law §814. Courses of study in internet safety

Any school district in the state may provide, to pupils in grades kindergarten through twelve, instruction designed to promote the proper and safe use of the internet.

https://www.nysenate.gov/legislation/laws/EDN/814


Who does this protect? Students

Does this policy include ways for families to be involved? No

There is currently no policy surrounding Leadership in New York. For more information on school climate please visit us at Services – National School

There is currently no policy surrounding Professional Relationships in New York. For more information on school climate please visit us at Services – National School

Sources include: nasbe.org and childtrends.org